B-168649, JAN. 20, 1970

B-168649: Jan 20, 1970

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AFTER SELLING RESIDENCE AT OLD STATION WAS UNABLE TO FIND ADEQUATE HOUSING AT NEW STATION. RETURNED HIS FAMILY TO THE OLD HOME WHICH HE WAS ABLE TO RENT FOR ABOUT A MONTH BECAUSE THE NEW OWNER WAS IN PROCESS OF RENOVATING THE RESIDENCE. THE DEPENDENTS MAY BE REGARDED AS OCCUPYING TEMPORARY QUARTERS EVEN THOUGH THE EMPLOYEE'S HOUSEHOLD EFFECTS WERE STILL IN THE OLD RESIDENCE. THE RECORD SHOWS THAT THE EMPLOYEE WAS TRANSFERRED FROM DALLAS. IN THAT CONNECTION THE EMPLOYEE STATES THAT SINCE NO ADEQUATE HOUSING WAS AVAILABLE IN ARLINGTON UNTIL AUGUST 4. THE EMPLOYEE IS ENTITLED TO TEMPORARY QUARTERS SUBSISTENCE ALLOWANCE FOR HIS DEPENDENTS FOR THE PERIOD FROM JUNE 29. A-56 AS TO WHETHER OR NOT QUARTERS ARE PERMANENT OR TEMPORARY IN NATURE.

B-168649, JAN. 20, 1970

CIVIL PAY--TEMPORARY QUARTERS SUBSISTENCE ALLOWANCE--DEPENDENTS--HOUSE SALE--RENTAL OF OLD PREMISES DECISION TO FINANCE AND ACCOUNTING OFFICERS, DEFENSE SUPPLY AGENCY, AUTHORIZING FOR PAYMENT A TRAVEL VOUCHER FOR TEMPORARY QUARTERS SUBSISTENCE ALLOWANCE FOR DEPENDENTS INCIDENT TO PERMANENT CHANGE OF STATION FROM DALLAS TO ARLINGTON, TEXAS. WHERE EMPLOYEE, AFTER SELLING RESIDENCE AT OLD STATION WAS UNABLE TO FIND ADEQUATE HOUSING AT NEW STATION, AND RETURNED HIS FAMILY TO THE OLD HOME WHICH HE WAS ABLE TO RENT FOR ABOUT A MONTH BECAUSE THE NEW OWNER WAS IN PROCESS OF RENOVATING THE RESIDENCE, THE DEPENDENTS MAY BE REGARDED AS OCCUPYING TEMPORARY QUARTERS EVEN THOUGH THE EMPLOYEE'S HOUSEHOLD EFFECTS WERE STILL IN THE OLD RESIDENCE. THEREFORE THE EMPLOYEE MAY BE REIMBURSED FOR TEMPORARY QUARTERS SUBSISTENCE ALLOWANCE ON ACCOUNT OF DEPENDENTS.

TO R. N. CROSSLEY, MAJOR:

WE REFER TO YOUR LETTER OF NOVEMBER 13, 1969, YOUR REFERENCE DCRT FO, IN WHICH YOU REQUESTED OUR ADVANCE DECISION AS TO THE PROPRIETY OF AUTHORIZING FOR PAYMENT THE TRAVEL VOUCHER OF MR. JIMMIE R. LYON, JR. FOR TEMPORARY QUARTERS SUBSISTENCE ALLOWANCE FOR HIS DEPENDENTS INCIDENT TO A PERMANENT CHANGE OF STATION.

THE RECORD SHOWS THAT THE EMPLOYEE WAS TRANSFERRED FROM DALLAS, TEXAS, TO ARLINGTON, TEXAS, ON JUNE 13, 1969 (A DISTANCE OF ABOUT 100 MILES). THE RECORD ALSO SHOWS THAT THE EMPLOYEE SOLD HIS RESIDENCE IN WACO, TEXAS, AND TRANSFERRED THE PROPERTY BY DEED TO A NEW OWNER ON JUNE 13, 1969. THE NEW OWNER TOOK POSSESSION OF THE PREMISES ON JUNE 29, 1969, AND THE EMPLOYEE'S DEPENDENTS LEFT FOR AND ARRIVED AT ARLINGTON, TEXAS, ON JUNE 29, 1969. THEY REMAINED IN A MOTEL IN ARLINGTON UNTIL JULY 4, 1969, WHEN THEY RETURNED TO WACO TO OCCUPY THEIR FORMER RESIDENCE. IN THAT CONNECTION THE EMPLOYEE STATES THAT SINCE NO ADEQUATE HOUSING WAS AVAILABLE IN ARLINGTON UNTIL AUGUST 4, 1969, HE TALKED TO THE PURCHASER OF HIS OLD RESIDENCE ON JULY 4, 1969, ABOUT RENTING THE SAME FOR HIS FAMILY UNTIL JULY 30, 1969. BECAUSE OF MAINTENANCE BEING IN PROGRESS THE NEW OWNER AGREED TO THE RENTAL OF THE PREMISES FOR $116.

YOU ASK IF UNDER THESE CIRCUMSTANCES AND IN VIEW OF THE PROVISIONS OF SECTION 2.5 OF BUREAU OF THE BUDGET CIRCULAR A-56, AS REVISED BY TRANSMITTAL MEMORANDUM NO. 5, JUNE 26, 1969, THE EMPLOYEE IS ENTITLED TO TEMPORARY QUARTERS SUBSISTENCE ALLOWANCE FOR HIS DEPENDENTS FOR THE PERIOD FROM JUNE 29, 1969, TO JULY 29, 1969.

IN CONSTRUING SECTION 2.5 OF BUREAU OF THE BUDGET CIRCULAR NO. A-56 AS TO WHETHER OR NOT QUARTERS ARE PERMANENT OR TEMPORARY IN NATURE, WE HAVE GIVEN GREAT WEIGHT TO THE INTENT OF THE EMPLOYEE. SEE B-167361, AUGUST 5, 1969, COPY ENCLOSED.

IN VIEW OF THE CIRCUMSTANCES RELATED WE BELIEVE THAT THE EMPLOYEE'S DEPENDENTS MAY BE REGARDED AS OCCUPYING TEMPORARY QUARTERS IN WACO ON AND AFTER JULY 4, 1969, REGARDLESS OF THE FACT THAT HIS HOUSEHOLD EFFECTS WERE STILL IN THE OLD RESIDENCE.

THE VOUCHER IS RETURNED HEREWITH AND MAY BE PROCESSED FOR PAYMENT IF OTHERWISE CORRECT.