[Request for Advance Decision Concerning Propriety of Paying Variable Housing Allowance]

A Marine Corps disbursing officer requested an advance decision as to the propriety of paying a variable housing allowance to an enlisted Marine Corps member who was confined under general court-martial orders. Regulations provide that a member of a uniformed service is entitled to a variable housing allowance if the member is performing duty in a high housing cost area. GAO held that a member undergoing confinement pursuant to a court-martial sentence is not performing military duty. Accordingly, the member was not entitled to a variable housing allowance.