B-168031, NOV. 3, 1970
Highlights
SUBSISTENCE ALLOWANCE ADVICE THAT EMPLOYEE WHO WAS ERRONEOUSLY PAID SUBSISTENCE EXPENSES WHILE OCCUPYING TEMPORARY QUARTERS IN 1966 IN OKINAWA. WHICH AREA IS NOT A TERRITORY OR POSSESSION OF THE U.S. IS INDEBTED FOR SUCH ALLOWANCE. WHILE YOU WERE AWAITING TRANSPORTATION TO OKINAWA. THE PERTINENT FACTS OF YOUR CASE WERE SET FORTH IN OUR DECISION OF JUNE 26. YOU MAINTAIN THAT YOU HAVE A VALID CLAIM FOR PAYMENT OF THE SUBSISTENCE EXPENSES IN QUESTION AND POINT TO THE FACT THAT YOU WERE ALLOWED SUBSISTENCE EXPENSES WHILE OCCUPYING TEMPORARY QUARTERS UPON YOUR TRANSFER BACK TO THE UNITED STATES IN 1970. WE APPRECIATE YOUR VIEW OF AN INCONSISTENCY IN THE FACT THAT YOU WERE DENIED SUBSISTENCE EXPENSES WHILE OCCUPYING TEMPORARY QUARTERS INCIDENT TO YOUR TRANSFER TO OKINAWA IN 1966 AND WERE ALLOWED SUCH EXPENSES INCIDENT TO YOUR RETURN TO THE UNITED STATES IN 1970.
B-168031, NOV. 3, 1970
SUBSISTENCE ALLOWANCE ADVICE THAT EMPLOYEE WHO WAS ERRONEOUSLY PAID SUBSISTENCE EXPENSES WHILE OCCUPYING TEMPORARY QUARTERS IN 1966 IN OKINAWA, WHICH AREA IS NOT A TERRITORY OR POSSESSION OF THE U.S. FOR ENTITLEMENT TO SUBSISTENCE ALLOWANCE UNDER 5 U.S.C. 5724A, IS INDEBTED FOR SUCH ALLOWANCE.
TO MR. JOHN W. HERMAN:
WE REFER TO YOUR LETTERS OF AUGUST 25, SEPTEMBER 11 AND SEPTEMBER 23, 1970, REQUESTING FURTHER REVIEW OF THAT PORTION OF GENERAL ACCOUNTING OFFICE SETTLEMENT DATED NOVEMBER 24, 1969, WHICH PERTAINS TO YOUR RECEIPT OF ERRONEOUS PAYMENTS OF SUBSISTENCE EXPENSES INCURRED DURING THE PERIOD AUGUST 8 TO 18, 1966, WHILE YOU WERE AWAITING TRANSPORTATION TO OKINAWA.
THE PERTINENT FACTS OF YOUR CASE WERE SET FORTH IN OUR DECISION OF JUNE 26, 1970, SUSTAINING THE SETTLEMENT REFERRED TO ABOVE, AND, THEREFORE, SHALL NOT BE REPEATED HERE. YOU MAINTAIN THAT YOU HAVE A VALID CLAIM FOR PAYMENT OF THE SUBSISTENCE EXPENSES IN QUESTION AND POINT TO THE FACT THAT YOU WERE ALLOWED SUBSISTENCE EXPENSES WHILE OCCUPYING TEMPORARY QUARTERS UPON YOUR TRANSFER BACK TO THE UNITED STATES IN 1970.
WE APPRECIATE YOUR VIEW OF AN INCONSISTENCY IN THE FACT THAT YOU WERE DENIED SUBSISTENCE EXPENSES WHILE OCCUPYING TEMPORARY QUARTERS INCIDENT TO YOUR TRANSFER TO OKINAWA IN 1966 AND WERE ALLOWED SUCH EXPENSES INCIDENT TO YOUR RETURN TO THE UNITED STATES IN 1970. HOWEVER, SUCH ACTION WAS IN ACCORDANCE WITH SUBSECTION 2.5B(1) OF BUREAU OF THE BUDGET CIRCULAR NO. A- 56, OCTOBER 12, 1966, WHICH PROVIDES:
"SUBSISTENCE EXPENSES OF THE EMPLOYEE, FOR WHOM A PERMANENT CHANGE OF STATION IS AUTHORIZED OR APPROVED, AND EACH MEMBER OF HIS IMMEDIATE FAMILY (DEFINED IN SUBSECTION 1.2D), FOR A PERIOD OF NOT MORE THAN 30 DAYS WHILE NECESSARILY OCCUPYING TEMPORARY QUARTERS SHALL BE ALLOWED WHEN THE NEW OFFICIAL STATION IS LOCATED IN THE 50 STATES, THE DISTRICT OF COLUMBIA, UNITED STATES TERRITORIES AND POSSESSIONS, THE COMMONWEALTH OF PUERTO RICO AND THE CANAL ZONE, PROVIDED A WRITTEN AGREEMENT AS REQUIRED IN SUBSECTION 1.3C IS SIGNED IN CONNECTION WITH SUCH TRANSFER."
THE ABOVE REGULATION WHICH WAS AMENDED BY TRANSMITTAL MEMORANDUM NO. 5, DATED JUNE 26, 1969, WAS ISSUED PURSUANT TO SECTION 2 OF PUBLIC LAW 89- 516, APPROVED JULY 21, 1966, NOW COVERED BY 5 U.S.C. 5724A. SINCE OKINAWA IS NOT A TERRITORY OR POSSESSION OF THE UNITED STATES, WITHIN THE MEANING OF SUBSECTION 2.5B(1) ABOVE, THERE WAS NO AUTHORITY TO ALLOW YOU PAYMENT OF SUBSISTENCE WHILE OCCUPYING TEMPORARY QUARTERS DURING THE PERIOD AUGUST 8 TO 18, 1966. CONTRARY TO THE INFORMATION WHICH YOU SAY YOU HAVE RECEIVED FROM CERTAIN PERSONNEL OF THE FORT LEE FINANCE OFFICE, YOUR TRAVEL ORDER OF JULY 8, 1966, AUTHORIZING YOUR TRANSFER TO OKINAWA, LEGALLY COULD NOT HAVE BEEN AMENDED TO PROVIDE FOR PAYMENT OF SUCH SUBSISTENCE EXPENSES.
FOR THE REASONS DISCUSSED ABOVE WE MUST SUSTAIN THE SETTLEMENT OF NOVEMBER 24, 1969, AND REQUEST THAT YOU REMIT THE SUM OF $119.82 TO OUR OFFICE. PAYMENT MAY BE MADE BY CHECK OR MONEY ORDER PAYABLE TO THE U.S. GENERAL ACCOUNTING OFFICE AND FORWARDED TO:
U.S. GENERAL ACCOUNTING OFFICE
P.O. BOX 2610
WASHINGTON, D.C. 20013 ..END :