[Questions Concerning Air Force Member's Entitlement to Basic Allowance for Quarters]

A decision was requested concerning whether divorced members of the uniformed services, who are paying child support for dependents residing with the members' former spouses in government quarters, are entitled to a basic allowance for quarters at the with-dependent rate while the dependents reside with the member. Under applicable regulations, members whose dependents reside in government quarters are not entitled to an increased allowance even though the member pays support in a monthly amount equal to or greater than the difference in the quarterly rate with dependents. In a similar situation involving the increased allowance for members whose dependents are temporarily staying at other quarters, the question arose as to how long the dependents could be absent from the member's quarters before loss of entitlement occurs. GAO held that 3 months was a reasonable period of time for the dependents to reside at another member's quarters before loss occurred, since periods of duty of less than 3 months are generally considered temporary. Accordingly, when a dependent resides with a member for a period in excess of 3 months, it should not be considered temporary and the member is entitled to basic allowance for quarters at the with-dependent rate.