B-169025, MAR. 9, 1970

B-169025, MAR. 9, 1970

OFFICERS AND EMPLOYEES--TRANSFERS--RELOCATION EXPENSES--TEMPORARY QUARTERS--WHAT CONSTITUTES EMPLOYEE WHO WAS GRANTED TRAVEL ADVANCE INCIDENT TO PERMANENT CHANGE OF STATION IS INDEBTED TO GOVERNMENT FOR $211.48 SINCE CLAIM FOR TEMPORARY QUARTERS WAS PROPERLY DISALLOWED, HOUSEHOLD GOODS HAVING BEEN MOVED INTO PERMANENT-TYPE QUARTERS AT NEW DUTY STATION, AND NO SUPPORTING DOCUMENTATION HAVING BEEN SUBMITTED TO PERMIT PAYMENT. WHILE DETERMINATION AS TO WHAT CONSTITUTES TEMPORARY QUARTERS IS NOT SUSCEPTIBLE OF PRECISE DEFINITION AND EACH CASE MUST BE TREATED INDIVIDUALLY, EMPLOYEE HAS NOT FURNISHED RECEIPT OR ITEMIZATION OF EXPENSES AS REQUIRED BY REGULATIONS TO PERMIT CONCLUSION CONCERNING PROPRIETY OF ADMINISTRATIVE DETERMINATION THAT QUARTERS OCCUPIED WERE NOT TEMPORARY AND STEPS SHOULD BE TAKEN TO COLLECT OUTSTANDING BALANCE OF TRAVEL ADVANCE MADE. SEE COMP. GEN. DECS. CITED. GENERAL ACCOUNTING OFFICE--DECISIONS--ADVANCE--VOUCHER ACCOMPANIMENT ORDINARILY, GAO WILL RENDER DECISION TO DISBURSING OFFICER ONLY WHEN PROPERLY APPROVED VOUCHER ACCOMPANIES REQUEST, BUT SINCE MATTER IN QUESTION HAS BEEN PENDING FOR LENGTHY PERIOD OF TIME, GAO WILL CONSIDER REQUEST FOR DECISION AS TO ALLOWABILITY OF CLAIM FOR TEMPORARY QUARTERS ALLOWANCES. SEE 22 COMP. GEN. 588 (1943).

TO LIEUTENANT J. L. MANCINI:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 3, 1970, REFERENCE DCRD-FO, REQUESTING A DECISION AS TO THE ALLOWABILITY OF A CLAIM FOR TEMPORARY QUARTERS ALLOWANCE SUBMITTED BY MR. ALFRED C. LAYWELL, AN EMPLOYEE OF YOUR AGENCY.

ORDINARILY A PROPERLY APPROVED VOUCHER SHOULD ACCOMPANY THE REQUEST OF A DISBURSING OFFICER FOR A DECISION BY THIS OFFICE. 22 COMPTROLLER GENERAL 588 (1943). HOWEVER, SINCE THE MATTER IN QUESTION HAS BEEN PENDING FOR A LENGTHY PERIOD OF TIME, WE SHALL COMPLY WITH YOUR REQUEST IN ORDER TO EXPEDITE THE MATTER.

THE RECORD INDICATES THAT MR. LAYWELL WAS GRANTED A TRAVEL ADVANCE OF $735 IN CONNECTION WITH A PERMANENT CHANGE OF STATION AND HIS TRAVEL VOUCHER WAS COMPUTED AT $523.52. YOU INDICATE THE DIFFERENCE OF $211.48 IS DUE THE GOVERNMENT BECAUSE MR. LAYWELL'S CLAIM FOR TEMPORARY QUARTERS FOR THE PERIOD NOVEMBER 7 THROUGH DECEMBER 3, 1968, WAS DISALLOWED. YOU STATE, CITING PARAGRAPH C8250 OF THE JOINT TRAVEL REGULATIONS, THAT THE CLAIM WAS DISALLOWED BECAUSE MR. LAYWELL OCCUPIED PERMANENT TYPE RESIDENCE QUARTERS INTO WHICH HE MOVED HIS HOUSEHOLD GOODS AT HIS NEW DUTY STATION AND HE FAILED TO SUBMIT SUPPORTING DOCUMENTATION WHICH WOULD PERMIT PAYMENT.

MR. LAYWELL SUBMITTED DSA FORM 759 WHEREON HE CLAIMED $240 FOR THE PERIOD IN QUESTION WHEN HE OCCUPIED QUARTERS AT 2736 AVON, S.E; GRAND RAPIDS, MICHIGAN. NO SUBSISTENCE EXPENSES WERE ITEMIZED ON THE FORM WHICH CONTAINED A REMARK "RECEIPT FOR $20.00 CASH PAYMENT MISPLACED OR LOST." THE RECORD CONTAINS A COPY OF A BILL OF LADING INDICATING THAT MR. LAYWELL'S FURNITURE WAS DELIVERED TO 2736 AVON AND INCLUDES STATEMENTS FROM A MR. KENNETH J. PENNING TO THE EFFECT THAT ABOUT NOVEMBER 1, 1968, MR. LAYWELL AND HE ENTERED INTO NEGOTIATIONS FOR THE RENTAL OF HIS PROPERTY AT 1817 MARTIN, S.E; GRAND RAPIDS, AND THAT THIS PROPERTY WAS MADE AVAILABLE TO MR. LAYWELL EFFECTIVE DECEMBER 1, 1968.

A DETERMINATION AS TO WHAT CONSTITUTES TEMPORARY QUARTERS IS NOT SUSCEPTIBLE OF PRECISE DEFINITION AND MUST BE MADE IN LIGHT OF FACTS EXISTING IN EACH PARTICULAR CASE. ALTHOUGH IT APPEARS THAT MR. LAYWELL DID NOT AND NEVER INTENDED TO RESIDE INDEFINITELY AT 2736 AVON, THE FACTS OF RECORD IN HIS CASE ARE NOT SUFFICIENTLY DETAILED TO PERMIT A CONCLUSION CONCERNING PROPRIETY OF THE ADMINISTRATIVE DETERMINATION THAT THE QUARTERS HE OCCUPIED AT 2736 AVON WERE NOT TEMPORARY. IN THIS CONNECTION SEE OUR DECISION B-162239, AUGUST 28, 1967, COPY ENCLOSED, IN WHICH A NUMBER OF DIFFERING CIRCUMSTANCES ARE CONSIDERED.

WITH RESPECT TO THE LACK OF DOCUMENTATION SUPPORTING MR. LAYWELL'S INITIAL CLAIM, THE REGULATIONS ARE CLEAR. PARAGRAPH C10012-7, JOINT TRAVEL REGULATIONS, VOLUME 2, PROVIDES, CONSISTENT WITH BUREAU OF THE BUDGET CIRCULAR NO. A-56, AS FOLLOWS:

"A. GENERAL. RECEIPTS AND SUPPORTING DOCUMENTATION MUST BE FURNISHED WITH A CLAIM FOR REIMBURSEMENT OF TEMPORARY QUARTERS SUBSISTENCE EXPENSES AS PRESCRIBED IN SUBPARS. B AND C.

"B. RECEIPTS. RECEIPTS ARE REQUIRED AS FOLLOWS:

1. FOR QUARTERS COSTS PAID, SHOWING LOCATION, DATES, AND BY WHOM OCCUPIED;

2. FOR LAUNDRY AND CLEANING EXPENSES SHOWING THE DATE INCURRED, EXCEPT WHEN COIN OPERATED FACILITIES ARE USED.

"C. SUPPORTING DOCUMENTATION. A STATEMENT WILL BE REQUIRED SHOWING THE COST FOR EACH MEAL FOR EACH DAY, BY DATE. THE LOCATION WHERE AND BY WHOM MEALS WERE TAKEN ALSO WILL BE SHOWN. IF TRAVEL STATUS AND OCCUPANCY OF TEMPORARY QUARTERS FOR SUBSISTENCE EXPENSE PURPOSES OCCUR IN THE SAME DAY, THE CLAIMANT WILL SHOW THE DATE AND TIME OF ARRIVAL AND/OR DEPARTURE AT THE TEMPORARY QUARTERS LOCATION. THE DATE THAT OCCUPANCY OF PERMANENT QUARTERS BEGINS OR THAT HOUSEHOLD GOODS ARE MOVED INTO QUARTERS MUST BE SHOWN. ALSO SEE SUBPAR. 6B."

IN THE INSTANT CASE THE DSA FORM 759 SUBMITTED BY MR. LAYWELL WAS NOT ACCOMPANIED BY RECEIPTS OR AN ITEMIZATION OF EXPENSES AS REQUIRED BY THE REGULATIONS NOR HAS HE FURNISHED SAME DESPITE REPEATED REQUESTS. ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD THERE IS NO BASIS UPON WHICH MR. LAYWELL'S CLAIM MAY BE ALLOWED AND STEPS SHOULD BE TAKEN TO COLLECT THE OUTSTANDING BALANCE OF THE TRAVEL ADVANCE MADE TO HIM. SEE B- 167662, SEPTEMBER 18, 1969, ..END :