B-168161, AUG 30, 1971

B-168161, AUG 30, 1971

CIVILIAN EMPLOYEE - OVERSEAS - ENTITLEMENT DECISION THAT MRS. ESTHER S. BURSTEIN, EMPLOYEE WITH OVERSEAS DEPENDENTS SCHOOL SYSTEM, IS NOT ENTITLED TO QUARTERS OR QUARTERS ALLOWANCE. INASMUCH AS CLAIMANT WAS RECRUITED OUTSIDE OF THE UNITED STATES, ONLY SECTION 031.12D OF THE STANDARDIZED REGULATIONS (GOVERNMENT CIVILIAN, FOREIGN AREAS) IS POSSIBLY APPLICABLE. EVEN UNDER THIS REGULATION, WHICH ALLOWS QUARTERS ALLOWANCE WHEN EMPLOYEE WAS TEMPORARILY IN THE FOREIGN AREA FOR TRAVEL OR FORMAL STUDY, THE RECORD DOES NOT INDICATE CLAIMANT IS ENTITLED TO THE ALLOWANCE, AS SHE WAS NOT IN EUROPE FOR EITHER OF THE NAMED REASONS.

TO MRS. ESTHER S. BURSTEIN:

WE REFER TO YOUR LETTER OF JULY 27, 1971, BY WHICH YOU HAVE UNDERTAKEN, BY CLARIFYING CERTAIN STATEMENTS CONTAINED IN OUR LETTER TO YOU DATED JUNE 22, 1971, TO ESTABLISH THAT YOUR PRESENCE IN ENGLAND AT THE TIME OF YOUR EMPLOYMENT WITH THE OVERSEAS DEPENDENTS SCHOOL SYSTEM WAS TEMPORARY.

WE ENCLOSED WITH OUR PREVIOUS LETTER A COPY OF SECTION 031.1 ET SEQ. OF THE STANDARDIZED REGULATIONS (GOVERNMENT CIVILIANS, FOREIGN AREAS) AND INDICATED THAT, INASMUCH AS YOU WERE RECRUITED OUTSIDE OF THE UNITED STATES, THE ONLY CONDITION WHICH MIGHT PERTAIN TO YOUR SITUATION IS THAT OF SUBSECTION 031.12D. PROVISION IS MADE THEREIN FOR QUARTERS OR A QUARTERS ALLOWANCE WHEN THE EMPLOYEE'S ACTUAL PLACE OF RESIDENCE AT THE PLACE TO WHICH THE QUARTERS ALLOWANCE APPLIES AT THE TIME OF RECEIPT THEREOF IS FAIRLY ATTRIBUTABLE TO HIS EMPLOYMENT BY THE UNITED STATES GOVERNMENT, AND HE IS NOT A MEMBER OF THE HOUSEHOLD OF ANOTHER EMPLOYEE OR OF A MEMBER OF THE UNITED STATES ARMED FORCES, IN THE FOLLOWING SITUATIONS:

"D. THE EMPLOYEE WAS TEMPORARILY IN THE FOREIGN AREA FOR TRAVEL OR FORMAL STUDY *** "

YOU WILL NOTE THAT THE ABOVE-QUOTED PROVISION SPEAKS TO THE SITUATION WHERE THE EMPLOYEE IS TEMPORARILY IN THE FOREIGN AREA FOR TRAVEL OR FORMAL STUDY. THE TERM "TRAVEL" AS USED THEREIN HAS LONG BEEN VIEWED BY OUR OFFICE AS REFERRING TO TRAVEL FOR THE PURPOSE OF SIGHTSEEING. THE REGULATION MAKES NO PROVISION FOR QUARTERS OR A QUARTERS ALLOWANCE BASED SOLELY UPON THE FACT THAT THE EMPLOYEE IS TEMPORARILY IN THE FOREIGN AREA FOR REASONS OTHER THAN FORMAL STUDY OR TRAVEL.

WE RECITED THE FACTS WHICH YOUR LETTER NOW AMPLIFIES, TO INDICATE THAT YOU WERE NOT IN BRITAIN AT THE TIME OF YOUR APPOINTMENT EITHER FOR TRAVEL OR FOR FORMAL STUDY. THE INFORMATION WHICH YOU HAVE PROVIDED SERVES FURTHER TO SUPPORT OUR CONCLUSION.

WHILE WE DO NOT TAKE EXCEPTION TO YOUR CONTENTION THAT YOUR STAY IN BRITAIN AT THE TIME OF YOUR EMPLOYMENT WAS OF A TEMPORARY NATURE, THAT FACT PROVIDES NO BASIS UNDER THE APPLICABLE REGULATION UPON WHICH QUARTERS OR A QUARTERS ALLOWANCE MIGHT HAVE BEEN AUTHORIZED.

REGARDING YOUR STATEMENT THAT TO YOUR KNOWLEDGE YOU HAD NEVER SIGNED TO THE EFFECT THAT YOU WOULD BE UNWILLING TO MOVE SHOULD YOUR POSITION BE MOVED TO ANOTHER AREA, WE BASED THE STATEMENT IN OUR LETTER TO WHICH YOU REFER UPON INFORMATION RECEIVED FROM THE DEPARTMENT OF THE ARMY THAT YOU HAD INDICATED ON YOUR INITIAL APPLICATION FORM THAT YOU WOULD ACCEPT EMPLOYMENT ONLY IN THE LONDON AREA.

WE HOPE THAT THE FOREGOING WILL SERVE TO CLARIFY THE REGULATIONS WHICH PROVIDE FOR QUARTERS OR A QUARTERS ALLOWANCE INSOFAR AS THEY RELATE TO THE CIRCUMSTANCES OF YOUR EMPLOYMENT. THESE REGULATIONS AND THE FACTS IN YOUR CASE REQUIRE THE SUSTAINING OF THE PREVIOUS ACTION TAKEN BY OUR OFFICE.