Entitlement of Members to Partial Basic Allowance for Quarters

An advance decision was requested concerning entitlement to partial basic allowance for quarters (BAQ) in situations in which a member without dependents voluntarily declines to occupy government quarters and then those quarters are assigned to another member, or a member assigned to sea duty occupies government family-type quarters assigned to his spouse when the vessel is in port. In the first situation the member is not entitled to BAQ under 37 U.S.C. 403(b) but may be paid partial BAQ under 37 U.S.C. 1009(d). In the second situation, the member is entitled to partial BAQ.