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B-196946 1 (1980-11-19)

handle is hein.gao/gaobadirz0001 and id is 1 raw text is: TECOMPTROLLER GENERAL DECISiON . OF THE UNITED STATES WASHINGTON. 0. C. 20548 FILE: B-19694 DATE: November 19, 1980 MATTER OF: asic allowance for quarters while member is in confinement / V_( -7-/ rie 41.,, 6er i_*l * r,. e on et DIGEST: Basic allowance for quarters (BAQ) is not authorized when a member, without dependents, is convicted by court-martial, which does not direct forfeiture of allowances, and the member is sentenced to confinement in a guard- house, brig, correctional barracks or Federal penal institution, regardless of whether the member was receiving BAQ prior to confinement or his assigned quarters were terminated, provided the sentence is not overturned or set aside. 40 Comp. Gen. 169 (1960) and AO Comp. Gen. 715 (1961) distinguished. Aae o0,540 'The Assistant Secretary of Defense, Comptroller, requests a decision on whether members without depen- dents, confined to a guardhouse, brig, correctional barracks, or Federal penal institution, pursuant to a court-martial which does not direct forfeiture of allowances, is entitled to basic allowance for quarters (BAQ) during confinement) The circumstances are dis- cussed and se-t forth in Committee Action No. 547 of the Militafy Pay and Allowance Committee, Department of Defense. A9 od547 The questions presented are as follows: a. QA member, without dependents, is convicted by court-martial and sentenced to 2 years confinement. The United States e 3 Disciplinary Barracks (USDB) Fort Leaven- DLrc worth, Kansas, is designated as the place of confinement. The member will not be, returned to a duty status upon completion of the period of confinement. If this member was assigned to adequate Government quarters at the old duty station and that assignment was terminated upon transfer to the USDB, would he be entitled to BAQ for the period of confinement? Would the answer be the same if the member was in receipt of BAQ at the old duty station?

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