Reimbursement of Subsistence Expenses Incurred While Occupying Temporary Quarters Incident to Relocation of Permanent Duty Station

An advance decision was requested concerning the claim of a Forest Service employee for reimbursement of subsistence expenses incurred while occupying temporary quarters incident to relocation of permanent duty station. The principal issue was whether the claimant's trailer was intended for, and could be used as, a permanent residence rather than being limited to a temporary residence preparatory to establishing a regular permanent home at the new duty station. The Forest Service believed the employee intended to use the trailer as a permanent residence, whereas the employee stated that he intended to use his trailer for a temporary residence until he could locate a permanent residence at his new duty station. The form on which the employee certified that the trailer was to be used as a residence did not state that the residence must be permanent or established as the regular home of the transferred employee at the new duty station. Given the facts showing the employee's actual intent, his ability to use the trailer only temporarily, and the uncertain meaning of the language on the form, the employee may be reimbursed for subsistence expenses while occupying temporary quarters. However, there should be a deduction of the amount paid previously for transporting the trailer. The travel orders may be retroactively corrected to authorize payment of temporary quarters and to cancel the trailer allowance.