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Entitlement to Basic Allowance for Quarters While Member Is in Confinement

B-196946 Nov 19, 1980
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Highlights

The Assistant Secretary of Defense, Comptroller, requested a decision on whether members without dependents, confined to a guardhouse, brig, correctional barracks, or Federal penal institution, pursuant to a court martial which does not direct forfeiture of allowances, are entitled to basic allowance for quarters (BAQ) during confinement. BAQ is not part of the pay of a member but is rather an allowance which is payable when adequate Government quarters are not furnished. BAQ is not an amount of a member's naturally due compensation which he forfeits when quarters are furnished but is rather an allowance which is authorized when quarters are not so furnished. Once confined, the member has no out-of-pocket expenses for quarters and thus has no basis for receiving BAQ. GAO has held that members confined and later released as a result of charges being withdrawn are entitled to BAQ because the quarters usually provided for confinement are not regarded as appropriate for the rank of the member. However, a member, whose conduct results in conviction by court martial with a sentence to confinement and the conviction is not later overturned or set aside, is in a different situation. That is, he is placed in such quarters as the proper result of his conduct, and, under these circumstances, those quarters are appropriate and adequate. Accordingly, the fact that BAQ is allowed when a period of confinement is retroactively disapproved provides no basis for holding that BAQ should be paid to those who are confined and whose sentences to confinement are not later altered.

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