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Propriety of Including Variable Housing Allowance in Lump-Sum Leave Settlement

B-201117 Feb 18, 1981
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Highlights

A decision was requested concerning the propriety of including a variable housing allowance in the lump-sum leave settlement of a Marine Corps major who is entitled to payment for unused accrued leave computed on the basis of his basic pay and allowances upon his separation from active duty. The variable housing allowance is a new allowance for service members which authorizes the payment of a variable housing allowance for high cost areas in the United States (other than Alaska or Hawaii). The variable housing allowance is also made payable to a member assigned to an unaccompanied tour of duty outside the United States whose dependents are residing in a high housing cost area within the United States. GAO has previously held that overseas station housing allowances provided in Federal regulations are not for inclusion in any lump-sum leave payment, since those station allowances are not payable by virtue of membership in a uniformed service but accrue incident to particular duty assignments. GAO believes that the same rationale is equally applicable to the new variable housing allowance, since it is also a station allowance which is payable to a member incident to his particular duty assignment rather than by virtue of his membership in the uniformed services. Accordingly, since a variable housing allowance may not properly be included in any lump-sum leave settlement which may be payable to a service member upon his separation from active duty, such an allowance may not be included in the major's lump-sum leave settlement.

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