B-167632, AUG. 20, 1969

B-167632: Aug 20, 1969

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AFTER STAYING 1 DAY IN MOTEL MOVED TO OTHER QUARTERS WHERE HE REMAINED FOR A YEAR AND WHO CLAIMS THAT SUCH QUARTERS SHOULD BE CONSIDERED TEMPORARY BECAUSE HE COULD NOT FIND SUITABLE PERMANENT QUARTERS AND KEPT SON IN ANOTHER CITY AND HAD EFFECTS IN STORAGE MAY NOT HAVE QUARTERS REGARDED AS TEMPORARY FOR ENTITLEMENT TO SUBSISTENCE FOR PERIOD OF MONTH. YOU ARE ALSO CLAIMING PAYMENT OF MISCELLANEOUS EXPENSES. THE DISALLOWANCE OF YOUR CLAIM FOR SUBSISTENCE EXPENSES WAS BASED ON A REPORT FROM THE ADMINISTRATIVE OFFICE THAT DURING YOUR ENTIRE PERIOD OF EMPLOYMENT IN WASHINGTON. 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-167632, AUG. 20, 1969

CIVIL PAY - TRANSFERS - TEMPORARY QUARTERS DECISION TO CLAIMANT EMPLOYEE OF NAVY DEPARTMENT CONCERNING ENTITLEMENT TO SUBSISTENCE EXPENSES WHILE OCCUPYING TEMPORARY QUARTERS INCIDENT TO TRANSFER FROM LONG BEACH, CALIFORNIA TO WASHINGTON, D.C. EMPLOYEE WHO, AFTER STAYING 1 DAY IN MOTEL MOVED TO OTHER QUARTERS WHERE HE REMAINED FOR A YEAR AND WHO CLAIMS THAT SUCH QUARTERS SHOULD BE CONSIDERED TEMPORARY BECAUSE HE COULD NOT FIND SUITABLE PERMANENT QUARTERS AND KEPT SON IN ANOTHER CITY AND HAD EFFECTS IN STORAGE MAY NOT HAVE QUARTERS REGARDED AS TEMPORARY FOR ENTITLEMENT TO SUBSISTENCE FOR PERIOD OF MONTH. HOWEVER SUBSISTENCE AND LODGING MAY BE ALLOWED FOR 1 DAY'S STAY AT MOTEL.

TO MR. PAUL P. SEMOLA:

THIS REFERS TO YOUR LETTER OF JULY 12, 1969, CONCERNING YOUR REQUEST FOR RECONSIDERATION OF OUR OFFICE SETTLEMENT OF MAY 6, 1969, WHICH DISALLOWED YOUR CLAIM FOR SUBSISTENCE EXPENSES WHILE OCCUPYING TEMPORARY QUARTERS FOR THE PERIOD JULY 13 TO AUGUST 13, 1967, INCIDENT TO A CHANGE OF STATION. YOU ARE ALSO CLAIMING PAYMENT OF MISCELLANEOUS EXPENSES.

THE DISALLOWANCE OF YOUR CLAIM FOR SUBSISTENCE EXPENSES WAS BASED ON A REPORT FROM THE ADMINISTRATIVE OFFICE THAT DURING YOUR ENTIRE PERIOD OF EMPLOYMENT IN WASHINGTON, D.C., YOU RESIDED AT 8911 GEORGIA AVENUE, SILVER SPRING, MARYLAND.

IN YOUR LETTER OF JULY 12 YOU SAY THAT DURING YOUR PERIOD OF EMPLOYMENT YOU SPENT AT LEAST ONE DAY IN A MOTEL PRIOR TO MOVING TO THE GEORGIA AVENUE ADDRESS. YOU ALSO SAY THAT DURING THE ENTIRE PERIOD OF YOUR EMPLOYMENT IN WASHINGTON, D.C., THE HOUSEHOLD GOODS THAT YOU SHIPPED FROM LONG BEACH, CALIFORNIA, TO WASHINGTON, D.C., INCIDENT TO A PERMANENT CHANGE OF STATION REMAINED IN STORAGE DUE TO YOUR INABILITY TO FIND SUITABLE PERMANENT QUARTERS FOR YOURSELF AND YOUR 16 YEAR OLD SON WHOM YOU LEFT WITH RELATIVES IN PHILADELPHIA, PENNSYLVANIA.

SECTION 2.5B (3) OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966, PROVIDES:

"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 TERM "TEMPORARY QUARTERS" IS NOT SUSCEPTIBLE OF ANY PRECISE DEFINITION AND, THEREFORE, EACH CASE MUST BE DECIDED ON THE BASIS OF THE PARTICULAR FACTS INVOLVED. THE DURATION OF A LEASE, MOVEMENT OF HOUSEHOLD EFFECTS INTO THE QUARTERS, TYPE OF QUARTERS, EXPRESSIONS OF INTENT, AND THE PERIOD OF OCCUPANCY ON THE PART OF AN EMPLOYEE ARE ALL FACTORS TO BE CONSIDERED IN DETERMINING WHETHER THE QUARTERS OCCUPIED ARE TEMPORARY IN NATURE. THE PRESENCE OR ABSENCE OF THE EMPLOYEE'S OWN HOUSEHOLD EFFECTS IS NOT, BY ITSELF, DETERMINATIVE OF WHETHER THE QUARTERS ARE PERMANENT OR TEMPORARY. SEE 46 COMP. GEN. 709, 712.

THE FACT THAT YOU CONTINUED TO RESIDE AT 8911 GEORGIA AVENUE, SILVER SPRING, MARYLAND, FOR AS LONG AS ONE YEAR OR MORE SUPPORTS THE PRESUMPTION THAT SUCH QUARTERS WERE PERMANENT IN NATURE. THE FILE CONTAINS NO EVIDENCE OF AN INTENT ON YOUR PART TO VACATE SUCH QUARTERS AT ANY SPECIFIC TIME.

ON THE BASIS OF THE PRESENT RECORD, WE ARE UNABLE TO CONCLUDE THAT THE QUARTERS OCCUPIED BY YOU DURING THE PERIOD OF YOUR CLAIM FROM JULY 14, 1967, TO AUGUST 13, 1967, WERE "TEMPORARY QUARTERS" WITHIN THE MEANING OF THAT TERM AS IT IS USED IN THE CONTROLLING LAW AND REGULATIONS. SEE B- 162510, OCTOBER 10, 1967, AND B-163043, JUNE 18, 1968 (COPIES ENCLOSED).

AS STATED BY YOU THE FILE SHOWS THAT BEFORE MOVING TO 8911 GEORGIA AVENUE YOU OCCUPIED TEMPORARY QUARTERS AT THE MERRIMAC MOTEL, ARLINGTON, VIRGINIA, FOR ONE DAY, JULY 13, 1967, AT A COST OF $10.60. A COPY OF THE RECEIPT IS ON FILE. THEREFORE, IN ACCORDANCE WITH SECTION 2.5D (2) (A) OF CIRCULAR NO. A-56 WE ARE AUTHORIZING OUR CLAIMS DIVISION TO ISSUE A SETTLEMENT IN DUE COURSE IN YOUR FAVOR IN THE AMOUNT OF $12, WHICH IS THE MAXIMUM AMOUNT ALLOWABLE FOR LODGING AND MEALS FOR THAT ONE DAY.

CONCERNING YOUR CLAIM FOR MISCELLANEOUS EXPENSES THE FILE SHOWS THAT INCIDENT TO YOUR TRAVEL FROM LONG BEACH, CALIFORNIA, TO WASHINGTON, D.C., BY VOUCHER NO. 17307 OF FEBRUARY 6, 1968, YOU WERE AUTHORIZED PAYMENT OF $527.04. THIS CONSISTED OF $148 PER DIEM, $163.14 MILEAGE, $15.90 TOLLS, AND $200 MISCELLANEOUS EXPENSES. TWENTY PERCENT OR $40 OF THE MISCELLANEOUS EXPENSES WAS WITHHELD FOR TAXES LEAVING A BALANCE DUE OF $487.04 WHICH WAS APPLIED AGAINST A TRAVEL ADVANCE OF $600.