[Decision Concerning USMC Member's Entitlement to Variable Housing Allowance at With-Dependent Rate]

The Marine Corps requested an advance decision regarding a member's entitlement to receive his variable housing allowance at the with-dependent rate. The Corps advised that the member's former wife primarily had custody of their children. GAO held that the member was entitled to receive the allowance at the higher with-dependent rate only for periods where he had actual custody of his children in excess of 3 months. Accordingly, the claim was denied.