B-166158, MAY 27, 1969

B-166158: May 27, 1969

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WHILE HE WAS TRANSPORTING HIS WIFE. THE BASIC QUESTION IS WHETHER THE EXPENSES FOR THE EMPLOYEE INCURRED FOR LODGING AND MEALS FOR THE FOREGOING PERIOD ARE COVERED BY THE PROVISIONS OF SECTION 2.5. WAS PAID THE AUTHORIZED MILEAGE AND PER DIEM INCIDENT TO HIS TRANSFER OF STATION TRAVEL. HE WAS ON DUTY JUNE 4. JUNE 10 THROUGH 14 HE WAS ON APPROVED ANNUAL LEAVE AND HE RETURNED TO HIS OLD DUTY STATION DURING THAT PERIOD TO TRANSPORT HIS WIFE TO THE NEW DUTY STATION. HERRING'S WIFE WAS IN A TRAVEL STATUS RECEIVING PER DIEM UNDER THE ABOVE REFERRED-TO TRAVEL ORDER. HERRING WAS ON ANNUAL LEAVE AND HE RECEIVED NO MILAGE OR PER DIEM FOR THAT PERIOD. BOTH WERE ADMINISTRATIVELY AUTHORIZED A TEMPORARY QUARTERS ALLOWANCE.

B-166158, MAY 27, 1969

TO MRS. MARY L. MOSLEY:

YOUR LETTER OF JANUARY 28, 1969, REFERENCE 24-27, ENCLOSES A RECLAIM VOUCHER, WITH RELATED PAPERS, FROM MR. DAVID C. HERRING FOR TEMPORARY QUARTERS ALLOWANCE ADMINISTRATIVELY DENIED FOR QUARTERS TEMPORARILY UTILIZED BY THE CLAIMANT DURING A PERIOD OF ANNUAL LEAVE- JUNE 11 TO 14, 1968--WHILE HE WAS TRANSPORTING HIS WIFE, WHO HAD BEEN INJURED AND COULD NOT DRIVE, ON A PERMANENT CHANGE OF STATION FROM WASHINGTON, D.C., TO BATON ROUGE, LOUISIANA, AUTHORIZED BY TRAVEL ORDER NO. 06-00-454 DATED FEBRUARY 29, 1968.

THE BASIC QUESTION IS WHETHER THE EXPENSES FOR THE EMPLOYEE INCURRED FOR LODGING AND MEALS FOR THE FOREGOING PERIOD ARE COVERED BY THE PROVISIONS OF SECTION 2.5, BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966, GOVERNING REIMBURSEMENT OF SUBSISTENCE EXPENSES--ALLOWANCES FOR TEMPORARY QUARTERS--AMONG OTHERS, OF EMPLOYEES UPON PERMANENT CHANGE OF STATION.

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

SECTION 2.5 PROVIDES THAT A TEMPORARY QUARTERS ALLOWANCE MAY BE ADMINISTRATIVELY AUTHORIZED TO INSURE THE EMPLOYEE HAS AN ADEQUATE OPPORTUNITY TO COMPLETE ARRANGEMENTS FOR PERMANENT QUARTERS AT THE NEW STATION.

THE RECORD INDICATES THAT THE EMPLOYEE'S HOUSEHOLD EFFECTS WERE CONSIGNED JUNE 11, 1968, TO THE SHIPPER AT THE OAK ROYALE APARTMENTS, BATON ROUGE, LOUISIANA. ALSO, THE RECORD SHOWS THE EMPLOYEE AND HIS WIFE OCCUPIED TEMPORARY QUARTERS AT THE NEW DUTY STATION FROM JUNE 14 TO JUNE 26. THUS, IT WOULD SEEM THAT PRIOR TO THEIR ARRIVAL AT THE NEW STATION THE EMPLOYEE HAD OBTAINED PERMANENT RESIDENCE QUARTERS AT THE OAK ROYALE APARTMENTS WITH A JUNE 26 OCCUPANCY DATE.

IN THE PARTICULAR CIRCUMSTANCES OF THE CASE, AS OUTLINED ABOVE, OUR OPINION IS THAT THE EMPLOYEE IS NOT PRECLUDED FROM INCLUDING HIS TEMPORARY QUARTERS COSTS FOR THE PERIOD JUNE 11 TO 14 AS A PART OF THE TEMPORARY QUARTERS ALLOWANCE AUTHORIZED ADMINISTRATIVELY.

THE VOUCHER TOGETHER WITH THE RELATED PAPERS IS RETURNED HEREWITH AND MAY BE CERTIFIED FOR PAYMENT, IF OTHERWISE CORRECT.