B-164888, AUG. 20, 1968

B-164888: Aug 20, 1968

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KINGMAN: REFERENCE IS MADE TO YOUR LETTER OF JULY 15. CAPPS WAS TRANSFERRED FROM BETHESDA. AFTER THEIR HOUSEHOLD GOODS WERE PACKED AND PICKED UP ON THE AFTERNOON OF NOVEMBER 15 MR. DUE TO THE LATE HOUR THEY WERE UNABLE TO COMPLETE THIS TASK AND OTHER TASKS ASSOCIATED WITH THE DISCONTINUANCE OF RESIDENCE UNTIL THE NEXT AFTERNOON. TEMPORARY QUARTERS WERE OBTAINED FOR THE DURATION OF THESE ACTIVITIES. YOU SUBMITTED THE CLAIM VOUCHER TO US SINCE TEMPORARY QUARTERS WERE OCCUPIED AT THE OLD STATION AND NOT AT THE NEW STATION. 5 U.S.C. 5724A (A) (3) AUTHORIZES. AFTER A TRANSFER HAS BEEN AUTHORIZED OR APPROVED AND AFTER THE EMPLOYEE AND/OR MEMBERS OF HIS IMMEDIATE FAMILY VACATE THE RESIDENCE QUARTERS IN WHICH THEY WERE RESIDING AT THE TIME OF THE TRANSFER.

B-164888, AUG. 20, 1968

TO MR. GEORGE M. KINGMAN:

REFERENCE IS MADE TO YOUR LETTER OF JULY 15, 1968, REQUESTING OUR DECISION REGARDING THE PROPRIETY OF THE CLAIM OF MR. WORTH I. CAPPS, AN EMPLOYEE OF YOUR AGENCY, FOR REIMBURSEMENT OF COST OF TEMPORARY QUARTERS (LODGING AND MEALS) INCURRED DURING CHANGE OF STATION ON NOVEMBER 15, 1967.

MR. CAPPS WAS TRANSFERRED FROM BETHESDA, MARYLAND, TO RESEARCH TRIANGLE PARK, NORTH CAROLINA. PURSUANT TO A TRAVEL ORDER DATED NOVEMBER 1, 1967, HE AND HIS WIFE VISITED HIS NEW STATION DURING THE PERIOD NOVEMBER 2 THROUGH 5 TO SEEK NEW PERMANENT QUARTERS AND APPARENTLY FOUND AND PROCURED SUCH QUARTERS. AFTER THEIR HOUSEHOLD GOODS WERE PACKED AND PICKED UP ON THE AFTERNOON OF NOVEMBER 15 MR. CAPPS AND HIS WIFE BEGAN THE FINAL CLEANUP OF THEIR VACATED HOME, BUT DUE TO THE LATE HOUR THEY WERE UNABLE TO COMPLETE THIS TASK AND OTHER TASKS ASSOCIATED WITH THE DISCONTINUANCE OF RESIDENCE UNTIL THE NEXT AFTERNOON. TEMPORARY QUARTERS WERE OBTAINED FOR THE DURATION OF THESE ACTIVITIES. MR. AND MRS. CAPPS, WHO DEPARTED THE OLD STATION AT 4 P.M. ON NOVEMBER 16, ARRIVED AT THE NEW STATION AT NOON ON NOVEMBER 17, AND UPON ARRIVAL OF THEIR HOUSEHOLD GOODS OCCUPIED THEIR PERMANENT QUARTERS. YOU SUBMITTED THE CLAIM VOUCHER TO US SINCE TEMPORARY QUARTERS WERE OCCUPIED AT THE OLD STATION AND NOT AT THE NEW STATION.

5 U.S.C. 5724A (A) (3) AUTHORIZES, WITHIN PRESCRIBED LIMITS AND UNDER REGULATIONS OF THE PRESIDENT, REIMBURSEMENT OF THE COSTS OF SUBSISTENCE WHILE AN EMPLOYEE AND/OR HIS FAMILY NECESSARILY OCCUPY TEMPORARY QUARTERS INCIDENT TO A TRANSFER OF STATION. SECTION 2.5B OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, ISSUED UNDER DELEGATION OF AUTHORITY AND PRESCRIBING CONDITIONS AND LIMITATIONS FOR ELIGIBILITY OF THE ALLOWANCE, PROVIDES IN PERTINENT PART AS FOLLOWS:

"/3) TEMPORARY QUARTERS REFER TO LODGING OBTAINED TEMPORARILY, AFTER A TRANSFER HAS BEEN AUTHORIZED OR APPROVED AND AFTER THE EMPLOYEE AND/OR MEMBERS OF HIS IMMEDIATE FAMILY VACATE THE RESIDENCE QUARTERS IN WHICH THEY WERE RESIDING AT THE TIME OF THE TRANSFER, UNTIL THE EMPLOYEE MOVES, WITHIN THE ALLOWABLE 30 OR 60 DAYS' TIME LIMIT, INTO PERMANENT RESIDENCE QUARTERS.'

THE ARRANGEMENT FOR THE TRANSPORTATION AND DELIVERY OF MR. CAPPS' HOUSEHOLD GOODS, AS WELL AS THE CLEANING AND OTHER TASKS PERFORMED BY HIM ON NOVEMBER 16, 1967, IN CONNECTION WITH THE DISCONTINUANCE OF HIS RESIDENCE IN ROCKVILLE, MARYLAND, WERE MATTERS PERSONAL TO THE EMPLOYEE AND NOT OFFICIAL BUSINESS. THE TRAVEL AUTHORIZATION PROVIDES FOR TEMPORARY LODGING "AS REQUIRED.'

IF IT IS ADMINISTRATIVELY DETERMINED THAT NO REASONABLE ALTERNATIVES WERE OPEN TO THE EMPLOYEE IN THE ARRANGEMENTS MADE WITH THE CARRIER FOR THE PICK UP AND DELIVERY OF HIS GOODS AND FOR THE ACCOMPLISHMENT OF THE CLEANING AND OTHER TASKS PERFORMED BY HIM, WITHIN THE PURVIEW OF THE PRINCIPLE OF SECTION 1.2 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS AND THE STATED POLICY OF CIRCULAR NO. A-56 WITH REGARD TO THE ALLOWANCE OF SUBSISTENCE EXPENSES WHEN A HOUSE HUNTING TRIP HAS BEEN AUTHORIZED, WE WILL INTERPOSE NO OBJECTION TO VIEWING THE EMPLOYEE AS HAVING VACATED HIS RESIDENCE QUARTERS IN ROCKVILLE, MARYLAND, ON THE EVENING OF NOVEMBER 15, 1967.

THE VOUCHER WHICH IS RETURNED HEREWITH MAY BE CERTIFIED FOR PAYMENT ONLY AFTER A DETERMINATION WITHIN THE PURVIEW OF THE FOREGOING THAT THE EMPLOYEE NECESSARILY OCCUPIED TEMPORARY QUARTERS INCIDENT TO THE TRANSFER TO DURHAM.