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B-196628 1 (1979-12-19)

handle is hein.gao/gaobadhuy0001 and id is 1 raw text is: 2l346 THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON. O.C. 20546 B-196628 DATE: December 19, 1979 MATTER OF: Lieutenant Jerel D. Bernard , US , DIGEST: A Navy officer, without dependents, not entitled to basic allowance for ( quarters obtained quarters in the private sector when quarters aboard the ship to which he was assigned became uninhabitable because of repairs. Government quarters at a local Navy base were available although they had been declared substandard - incapable of being made adequate.' The officer is not entitled to reimbursement for obtaining quarters under 10 U.S.C. 7572(b) (1976) since there was no certification that Government quar- ters were not available. The issue presented in this appeal from a settlement of our Claims Division is whether a Navy officer, without dependents, not entitled to basic allowance for quarters (BAQ), is entitled to reimbursement for obtaining quarters under 10 U.S.C. 7572 (1976) where quarters aboard a Navy vessel to which he is assigned become uninhabitable due to repairs or overhaul. Since no certification of nonavailability of Government quarters was issued to him for the period in question and bachelor officer quarters (BOC) at the naval base were available for him, although they had been declared substandard - incapable of being made adequate, he is not entitled to reimbursement. Lieutenant Jerel D. Bernardy, USNR, was assigned to a United States Navy submarine, the U.S.S. Jack (SSN-605), which was undergoing repairs or overhaul at the Portsmouth Naval Shipyard, Portsmouth, New Hampshire. Lieutenant Bernardy was without dependents and was not entitled to BAQ under 37 U.S.C. 403 (1976). The submarine apparently became uninhabitable due to the repairs or overhaul in October 1975. Thereafter Lieutenant Barnardy obtained housing in the local K FILE:

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