B-165139, OCT. 8, 1968

B-165139, OCT. 8, 1968

TO MR. R. J. SCHULLERY:

THIS REFERS TO YOUR LETTER OF AUGUST 23, 1968, REFERENCE MS-430, WITH ENCLOSURES, REQUESTING A DECISION FROM OUR OFFICE AS TO THE PROPRIETY FOR THE PAYMENT OF TEMPORARY QUARTERS ALLOWANCE TO AN EMPLOYEE WHILE IN AN ANNUAL LEAVE STATUS FOR THE PERIOD JANUARY 29, 1968, THROUGH FEBRUARY 14, 1968, UNDER THE FOLLOWING CIRCUMSTANCES.

BY TRAVEL AUTHORIZATION DATED JANUARY 12, 1968, MR. CHARLES J. RALEY, JR., AN EMPLOYEE OF THE FEDERAL AVIATION ADMINISTRATION, WAS AUTHORIZED TO TRAVEL AT GOVERNMENT EXPENSE ON A PERMANENT CHANGE OF STATION FROM CORDOVA, ALASKA, TO WAKE ISLAND, VIA HONOLULU, HAWAII. THE EMPLOYEE AND HIS FAMILY DEPARTED CORDOVA JANUARY 12, 1968, AND ARRIVED IN NEEDLES, CALIFORNIA, ON JANUARY 28, 1968. THE EMPLOYEE WAS IN AN ANNUAL LEAVE STATUS FROM JANUARY 29, 1968, THROUGH FEBRUARY 14, 1968. HE DEPARTED NEEDLES ON FEBRUARY 15, 1968, FOR HONOLULU. HE REMAINED IN HONOLULU FOR INDOCTRINATION UNTIL FEBRUARY 19, 1968, AT WHICH TIME HE DEPARTED FOR HIS NEW DUTY STATION AT WAKE ISLAND. MR. RALEY'S DEPENDENTS REMAINED IN TEMPORARY QUARTERS AT NEEDLES UNTIL MARCH 29, 1968, THE DATE THEY DEPARTED FOR WAKE ISLAND. IT IS INDICATED THAT THE APPARENT PURPOSE OF MR. RALEY'S TRAVEL TO NEEDLES, HIS OFFICIAL RESIDENCE, WAS TO ESTABLISH A TEMPORARY RESIDENCE FOR HIS FAMILY PENDING AVAILABILITY OF PERMANENT HOUSING ON WAKE ISLAND. HE WAS ADVISED THAT FAMILY HOUSING WOULD NOT BE AVAILABLE FOR 3 TO 6 MONTHS AFTER HIS ARRIVAL. MR. RALEY WAS AUTHORIZED AN ADDITIONAL 30 - DAY TEMPORARY QUARTERS ALLOWANCE PURSUANT TO SECTION 2.5B (2) OF BUREAU OF THE BUDGET CIRCULAR NO. A-56.

SECTION 2.5 OF BUREAU OF THE BUDGET CIRCULAR NO. A-56 PROVIDES FOR THE PAYMENT OF SUBSISTENCE EXPENSES OF THE EMPLOYEE AND HIS IMMEDIATE FAMILY WHILE OCCUPYING TEMPORARY QUARTERS DUE TO A TRANSFER OF OFFICIAL STATION. INSOFAR AS TEMPORARY ALLOWANCE FOR QUARTERS WHILE IN NEEDLES IS CONCERNED, WE FIND NO RESTRICTION IN SECTION 2.5 OF CIRCULAR NO. A-56 LIMITING THE LOCATION OF TEMPORARY QUARTERS ALLOWANCE TO THE NEW OR OLD DUTY STATION. MOREOVER, THE TAKING OF ANNUAL LEAVE DOES NOT NECESSARILY AFFECT THE GRANTING OF THE TEMPORARY QUARTERS ALLOWANCE IN THE ABSENCE OF ANY INDICATION THAT THE TAKING OF ANNUAL LEAVE CAUSED AN UNWARRANTED EXTENSION OF THE PERIOD OF TEMPORARY QUARTERS ALLOWANCE.

IT IS NOTED FROM THE ENCLOSED VOUCHER THAT THE EMPLOYEE IS CLAIMING TEMPORARY QUARTERS ALLOWANCE ON AN ACTUAL EXPENSE BASIS. SECTION 2.5D OF CIRCULAR NO. A-56 PROVIDES THAT THE AMOUNT WHICH MAY BE REIMBURSED FOR SUBSISTENCE FOR TEMPORARY QUARTERS SHALL BE ON AN ACTUAL EXPENSE BASIS OR ON A PER DIEM BASIS FOR EACH 10 - DAY PERIOD OF NOT MORE THAN 30 DAYS. ADDITIONAL 30 - DAY PERIOD MAY BE AUTHORIZED AT THE SAME RATE AS THE THIRD 10 - DAY PERIOD. THE MAXIMUM ALLOWABLE FOR EACH 10 DAY PERIOD AND THE ADDITIONAL 30 - DAY PERIOD IS COMPUTED SEPARATELY AND ACTUAL SUBSISTENCE EXPENSES FOR EACH OF THE PERIODS MUST BE APPLIED TO THE PARTICULAR PERIOD IN WHICH INCURRED. ALSO, UNDER THE CIRCUMSTANCES THE RIGHT TO TEMPORARY QUARTERS ALLOWANCE FOR THE EMPLOYEE WOULD TERMINATE ON THE SAME DAY AS HIS DEPENDENTS.

WE FURTHER NOTE THAT UNDER SECTION 2.5D OF CIRCULAR NO. A-56 AND SECTION 6.12F OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS A RECEIPT IS REQUIRED FOR THAT PART OF THE ABOVE EXPENSES REPRESENTING LODGING. RECEIPT FOR LODGING ON WAKE ISLAND HAS BEEN FURNISHED AND THE STATEMENT OF CHARGES WHICH INCLUDES LODGING AT NEEDLES, CALIFORNIA, MAY NOT BE REGARDED AS A RECEIPT.

UPON THE FURNISHING OF PROPER LODGING RECEIPTS AND IF A DETERMINATION IS MADE THAT THE ANNUAL LEAVE TAKEN DID NOT AFFECT THE DURATION OF THE TEMPORARY LODGING ALLOWANCE, THE VOUCHER WHICH IS RETURNED HEREWITH MAY BE RECOMPUTED AS INDICATED HEREIN AND CERTIFIED FOR PAYMENT.