B-164379, NOV. 12, 1968

B-164379, NOV. 12, 1968

TO MR. JOHN M. BONVISSUTO:

WE REFER TO YOUR LETTER OF SEPTEMBER 23, 1968, WITH ENCLOSURES, REQUESTING FURTHER REVIEW OF YOUR CLAIM FOR REIMBURSEMENT OF SUBSISTENCE EXPENSES UNDER SECTION 2.5 OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966.

IN OUR DECISION OF AUGUST 21, 1968, B-164379, WHICH SUSTAINED THE DISALLOWANCE OF YOUR CLAIM, WE STATED THE FOLLOWING:

"THE FACT THAT YOU AND YOUR FAMILY CONTINUED TO RESIDE IN THE GOVERNMENT QUARTERS FOR A PERIOD IN EXCESS OF A YEAR RAISES A STRONG PRESUMPTION THAT SUCH QUARTERS WERE PERMANENT IN NATURE. THE FILE CONTAINS NO EVIDENCE OF A BONA FIDE EFFORT ON YOUR PART TO VACATE SUCH QUARTERS AT ANY SPECIFIC TIME.'

IN YOUR LETTER OF SEPTEMBER 23, YOU AGAIN POINT OUT THAT YOU AND YOUR FAMILY WERE WITHOUT YOUR OWN HOUSEHOLD GOODS AND PERSONAL EFFECTS DURING THE PERIOD OF YOUR CLAIM. YOU INDICATE THAT THE GOVERNMENT QUARTERS ASSIGNED TO YOU WERE POORLY FURNISHED AND YOU STATE THAT YOUR LIVING CONDITIONS WOULD NOT HAVE BEEN IMPROVED BY MOVING TO OTHER QUARTERS. ALSO, YOU HAVE SUBMITTED A COPY OF A MEMORANDUM ISSUED BY THE AREA MANAGER OF BALBOA HEIGHTS STATING THAT THE GOVERNMENT QUARTERS ASSIGNED TO YOU ARE CONSIDERED TO BE TEMPORARY QUARTERS UNTIL THE ARRIVAL OF THE EMPLOYEE'S OWN HOUSEHOLD GOODS.

AS YOU WERE ADVISED IN OUR DECISION OF AUGUST 21, 1968, THE PRESENCE OR ABSENCE OF THE EMPLOYEE'S OWN HOUSEHOLD EFFECTS IS NOT, BY ITSELF, DETERMINATIVE OF WHETHER THE QUARTERS ARE PERMANENT OR TEMPORARY. THEREFORE, WE DO NOT REGARD THE MEMORANDUM REFERRED TO ABOVE AS CONSTITUTING A PROPER DETERMINATION AS TO THE NATURE OF THE QUARTERS OCCUPIED BY YOU.

THE FACT THAT LIVING QUARTERS MAY NOT BE FURNISHED IN A MANNER WHICH THE EMPLOYEE CONSIDERS TO BE ADEQUATE HAS NO MATERIAL BEARING ON THE ISSUE OF WHETHER THE QUARTERS ARE PERMANENT OR TEMPORARY. THE RESOLUTION OF THAT ISSUE IS DEPENDENT UPON THE SEVERAL FACTORS OUTLINED IN OUR DECISION OF AUGUST 21, 1968. SEE B-161363, MAY 8, 1967, AND B-165389, OCTOBER 22, 1968, COPIES HEREWITH. NOWHERE IN THE RECORD IS THERE ANY EVIDENCE IN SUPPORT OF AN INTENT ON YOUR PART TO OCCUPY THE GOVERNMENT QUARTERS ONLY ON A TEMPORARY BASIS.

WHILE WE CAN APPRECIATE YOUR REASONS FOR NOT ATTEMPTING TO VACATE THE QUARTERS ASSIGNED TO YOU, SUCH STATEMENTS ONLY SUPPORT THE CONCLUSION THAT YOUR OCCUPANCY OF SUCH QUARTERS WAS ON A PERMANENT, RATHER THAN A TEMPORARY, BASIS. IN VIEW THEREOF, WE MUST AFFIRM OUR PRIOR DECISION HOLDING THAT YOU ARE NOT ENTITLED TO REIMBURSEMENT OF SUBSISTENCE EXPENSES UNDER SECTION 2.5 OF CIRCULAR NO. A-56.

WE ARE NOT AWARE OF THE CIRCUMSTANCES UNDER WHICH THE OTHER EMPLOYEES TO WHOM YOU REFER WERE PAID THE TEMPORARY QUARTERS ALLOWANCE. IT IS POSSIBLE THAT SUCH PAYMENTS WERE ERRONEOUS. IN VIEW THEREOF, WE ARE TRANSMITTING A COPY OF THIS DECISION TO YOUR AGENCY FOR ANY ACTION DEEMED NECESSARY IN THE MATTER.