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B-231658, Nov 22, 1988

B-231658 Nov 22, 1988
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Was scheduled to use base accommodations. Provides that the lodging portion of per diem may not be paid where adequate government quarters are available. Not used. statement of nonavailability of government quarters is required to support reimbursement. It is assumed that adequate government quarters were available. Adams - Per Diem for Training - Unavailability of Government Quarters: This decision is in response to a request from an Accounting and Finance Officer. He was scheduled to live in the base bachelor officers quarters (BOQ) while attending class. It was necessary for her to accompany him. Which was the cost of the BOQ accommodations. His claim was disallowed by the agency and he appeals that disallowance.

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B-231658, Nov 22, 1988

CIVILIAN PERSONNEL - Travel - Lodging - Reimbursement - Government quarters - Availability DIGEST: An employee, who attended a training course at a military installation, was scheduled to use base accommodations, but he lodged off-base for personal reasons. Paragraph C1055-1 of Volume 2, Joint Travel Regulations, provides that the lodging portion of per diem may not be paid where adequate government quarters are available, but not used. statement of nonavailability of government quarters is required to support reimbursement, and absent such a statement, it is assumed that adequate government quarters were available.

Charles L. Adams - Per Diem for Training - Unavailability of Government Quarters:

This decision is in response to a request from an Accounting and Finance Officer, Defense Logistics Agency (DLA), concerning the entitlement of a DLA employee to be reimbursed the quarters or lodgings portion of per diem incident to temporary duty travel performed in October 1987. We conclude he may not be reimbursed for the following reasons.

BACKGROUND

Mr. Charles L. Adams, an employee of the DLA in Orlando, Florida, performed temporary duty travel for training at Keesler Air Force Base, Biloxi, Mississippi, in October 1987. He was scheduled to live in the base bachelor officers quarters (BOQ) while attending class. However, because of his spouse's illness, it was necessary for her to accompany him, and he secured off-base lodging in order to care for her. Following completion of his temporary duty assignment, he sought reimbursement for that off-base lodging (55 days), but only at $6 a day, which was the cost of the BOQ accommodations.

His claim was disallowed by the agency and he appeals that disallowance. The agency, citing to paragraph C1055 of Volume 2 of the Joint Travel Regulations (2 JTR), points out that the quarters portion of per diem may not be paid if government quarters are available, but not used. The agency also notes that Mr. Adams's orders required that a statement of nonavailability of government quarters be obtained in order to support any claim for lodgings.

RULING

Under the provisions of 2 JTR para. C1055, the quarters portion of per diem or actual expense allowances may not be paid unless a statement is furnished that utilization of government quarters was impracticable. the absence of such a statement, it is assumed that adequate government quarters were available, and the quarters portion of per diem may not be allowed. Ronald Miele, B-192271, Nov. 8, 1978.

In the present case, Mr. Adams's travel orders specifically provided: "BOQ Statement of Non-availability required." Since he chose to occupy off-base lodging for personal reasons and did not obtain the required government quarters nonavailability statement, his claim for the cost of the BOQ lodging at $6 per day must be denied.

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