B-166556, MAY 21, 1969

B-166556: May 21, 1969

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GRAINGER: THIS WILL REFER TO YOUR LETTER OF MARCH 11. 12 HE WAS. ON TEMPORARY DUTY AWAY FROM HIS NEW DUTY STATION FOR WHICH HE WAS ALLOWED PER DIEM FROM 6 A.M. YOUR DOUBT IN THE MATTER IS PRIMARILY CONCERNED WITH MR. MILLS HAVING INCLUDED IN HIS CLAIM CERTAIN EXPENSES FOR MEANS WHICH YOU INDICATE WERE INCURRED WHILE HE WAS WITH HIS FAMILY AT THE OLD RESIDENCE ON WEEKENDS AFTER RELINQUISHING HIS MOTEL ROOM FOR SUCH WEEKENDS AT HIS NEW OFFICIAL STATION. GEN 322 WE HELD THAT THE 30-DAY PERIOD ALLOWABLE FOR REIMBURSEMENT OF EXPENSES INCIDENT TO OCCUPANCY OF TEMPORARY QUARTERS IS TO BE REGARDED AS RUNNING CONTINUOUSLY EXCEPT IN INSTANCES SUCH AS A PERIOD OF TEMPORARY DUTY. WHEN FOR REASONS OF OFFICIAL NECESSITY THE PERIOD IS INTERRUPTED.

B-166556, MAY 21, 1969

TO MR. PAUL J. GRAINGER:

THIS WILL REFER TO YOUR LETTER OF MARCH 11, 1968, REQUESTING A DECISION AS TO WHETHER A VOUCHER IN FAVOR OF MR. ED L. MILLS COVERING REIMBURSEMENT FOR EXPENSES INCURRED INCIDENT TO OCCUPANCY OF TEMPORARY QUARTERS AT THE TIME OF HIS TRANSFER FROM GOLDEN, COLORADO, TO PUEBLO, MAY BE CERTIFIED FOR PAYMENT IN ITS ENTIRETY BECAUSE OF THE CIRCUMSTANCES HEREINAFTER RELATED.

THE EMPLOYEE'S ORIGINAL TRAVEL VOUCHER SHOWS THAT HE ARRIVED AT PUEBLO AT 7:00 A.M., NOVEMBER 25 AND OCCUPIED TEMPORARY QUARTERS BEGINNING AT 10:31 A.M. OF THE SAME DAY. HE MOVED INTO PERMANENT QUARTERS, VACATING THE TEMPORARY LODGING AT 8:00 P.M., DECEMBER 15. DURING HIS PERIOD OF OCCUPATION OF TEMPORARY QUARTERS MR. MILLS MADE THREE WEEKEND TRIPS TO VISIT HIS FAMILY AT GOLDEN AND ON DECEMBER 2, 3, 11, AND 12 HE WAS, APPARENTLY, ON TEMPORARY DUTY AWAY FROM HIS NEW DUTY STATION FOR WHICH HE WAS ALLOWED PER DIEM FROM 6 A.M. DECEMBER 2 TO 6 P.M. DECEMBER 3 AND FROM 6 A.M. DECEMBER 11 TO 6 P.M. DECEMBER 12.

YOUR DOUBT IN THE MATTER IS PRIMARILY CONCERNED WITH MR. MILLS HAVING INCLUDED IN HIS CLAIM CERTAIN EXPENSES FOR MEANS WHICH YOU INDICATE WERE INCURRED WHILE HE WAS WITH HIS FAMILY AT THE OLD RESIDENCE ON WEEKENDS AFTER RELINQUISHING HIS MOTEL ROOM FOR SUCH WEEKENDS AT HIS NEW OFFICIAL STATION.

IN 47 COMP. GEN 322 WE HELD THAT THE 30-DAY PERIOD ALLOWABLE FOR REIMBURSEMENT OF EXPENSES INCIDENT TO OCCUPANCY OF TEMPORARY QUARTERS IS TO BE REGARDED AS RUNNING CONTINUOUSLY EXCEPT IN INSTANCES SUCH AS A PERIOD OF TEMPORARY DUTY, WHEN FOR REASONS OF OFFICIAL NECESSITY THE PERIOD IS INTERRUPTED. THE FACT THAT THE EMPLOYEE DID NOT INCUR CHARGES FOR TEMPORARY QUARTERS FOR EVERY DAY OF THE PERIOD IS IMMATERIAL. SEE ALSO B-162641, COPY ENCLOSED. SUBSECTION 2.5D (1) OF BUREAU OF THE BUDGET CIRCULAR A-56, PROVIDES:

"/1) REIMBURSEMENT SHALL BE ONLY FOR ACTUAL SUBSISTENCE EXPENSES INCURRED PROVIDED THESE ARE DIRECTLY RELATED TO OCCUPANCY OF TEMPORARY QUARTERS AND ARE REASONABLE BOTH AS TO AMOUNT AND DURATION. ALLOWABLE SUBSISTENCE EXPENSES INCLUDE ONLY CHARGES FOR MEALS, LODGING, FEES AND TIPS INCIDENT TO MEALS AND LODGING, LAUNDRY, CLEANING AND PRESSING OF CLOTHING. * * *"

UNDER THE ABOVE REGULATION WE DO NOT REGARD ANY EXPENSES FOR MEALS AND LODGING AS BEING DIRECTLY RELATED TO OCCUPANCY OF TEMPORARY QUARTERS DURING THE TIME AN EMPLOYEE IS VISITING HIS FAMILY WHO IS STILL LOCATED IN PERMANENT QUARTERS AT THE OLD OFFICIAL STATION. THIS IS SO REGARDLESS OF THE FACT THAT THE EMPLOYEE GAVE UP HIS MOTEL ROOM ON THE WEEKENDS HE SPENT WITH HIS FAMILY OR THAT THE 30-DAY PERIOD CONTINUES TO RUN DURING SUCH WEEKENDS. THUS, ANY EXPENSES OF THAT NATURE SHOULD BE DEDUCTED IN COMPUTING THE AMOUNT TO WHICH MR. MILLS IS ENTITLED TO AS AN ALLOWANCE FOR TEMPORARY QUARTERS.

THE VOUCHER TRANSMITTED WITH YOUR LETTER IS RETURNED FOR HANDLING IN ACCORDANCE WITH THE FOREGOING.