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B-214731 1 (1984-09-04)

handle is hein.gao/gaobadlxa0001 and id is 1 raw text is: THE COMPTROLLER GENERIAL DECISION . OP THU UNITED STATES WASHINGTON. D. C. 20548 FILE: B-214731 DATE: September 4, 1984 MATTER OF: Private Vaughn Desha, USMC DIGEST: A Marine Corps member received a general court-martial sentence which included con- finement at hard labor for 5 years, and forfeiture of pay, but he was entitled to continue receiving basic allowance for quarters at the with-dependents rate. He was subsequently transferred from his duty station at Camp Lejeune, North Carolina, to the Correctional Facility at Camp Pendleton, California, for confinement. He is not entitled to receive a variable housing allowance based on his transfer to the Correctional Facility because he was assigned there for confinement not for duty as required by statute. This action responds to a request for an advance deci- sion as to the propriety of paying a variable housing allow- ance to an enlisted Marine Corps member who is confined under general court-martial orders.1/ We conclude that while he is in confinement, the member is not assigned to duty and, therefore, he may not be paid a variable housing allowance. Background In May 1983 Sergeant Vaughn Desha, USMC, was convicted and sentenced by general court-martial to be dishonorably discharged from the service, to be confined at hard labor for 5 years, to forfeit all pay and to be reduced to pay grade E-1 (Private). His sentence was approved by the Con- vening Authority in July 1983, and on October 11, 1983, a permanent change-of-station order was issued for his 1/ The request for advance decision was submitted by Lieutenant Colonel M. K. Chetkovich, Disbursing Officer, U.S. Marine Corps, Camp Pendleton, California. The request was approved by the Per Diem, Travel and Trans- portation Allowance Committee and assigned control number 84-4.

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