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[Request for Reconsideration of Decision Concerning Basic Allowance for Quarters]

B-209342 Oct 10, 1984
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Highlights

Reconsideration was requested of a decision in which GAO determined that Army members without dependents are not entitled to a basic quarters allowance during the 6-month periods they are assigned overseas to peacekeeping duty with the Multinational Force and Observers in the Sinai Peninsula of Egypt. Because such payments are prohibited unless a member's commanding officer certifies that they are necessarily required to procure quarters at the member's expense at the field duty site, GAO determined that the claimant in question was not eligible for the allowance. A number of other Army members have been adversely affected by the decision since, prior to the decision, they were credited with the allowance and used it to maintain living accommodations near their Army base during their overseas duty. These individuals believed that they would suffer undue financial hardship if they were required to refund the allowances as a result of the decision. A finance and accounting officer questioned the correctness of the determination because the peacekeeping duty did not appear to constitute field duty within the meaning of the applicable regulations. He also requested that GAO consider making the decision prospective to avoid undue hardship on those who have received the allowance. GAO found that the term "field duty" has been consistently interpreted to include peacekeeping missions. Accordingly, the prior decision was affirmed. Since GAO has no authority to limit the effect of the decision, GAO found that the Army members in question were liable to make restitution in the full amount, but could apply for a waiver of their debts on an individual basis.

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