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B-169708, MAR 2, 1972

B-169708 Mar 02, 1972
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ALTHOUGH CLAIMANT MAY HAVE BEEN IMPROPERLY "OUTSTATIONED. " THE ERROR WAS CORRECTED RETROACTIVELY TO SHOW HIS DUTY STATION AS KANSAS CITY. IT IS EVIDENT THAT MR. SINCE HE PURCHASED A HOUSE AND WAS ALLOWED RELOCATION EXPENSES INCIDENT TO A TRANSFER OF OFFICIAL STATION. SMITH IS NOT ENTITLED TO ANY ADDITIONAL ALLOWANCE AFTER HE MOVED INTO HIS PERMANENT QUARTERS. KELLY & VARNER: FURTHER REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 13. SMITH'S DUTY STATION WAS TRANSFERRED FROM KANSAS CITY. IT WAS DISCOVERED THAT THERE WAS A LACK OF OFFICE SPACE AND HE WAS "OUTSTATIONED" BACK TO THE KANSAS CITY OFFICE. WAS COMPLETED ON JANUARY 17. SMITH'S "OUTSTATIONING" EFFECTED A TRANSFER OF STATION AND THAT HE WAS NOT ENTITLED TO TEMPORARY QUARTERS ALLOWANCE AFTER HE MOVED INTO PERMANENT QUARTERS AT HIS NEW STATION.

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B-169708, MAR 2, 1972

CIVILIAN EMPLOYEE - "OUTSTATIONING" - ENTITLEMENT TO ADDITIONAL TEMPORARY QUARTERS ALLOWANCE DECISION SUSTAINING PRIOR DENIAL OF A CLAIM OF HAROLD T. SMITH FOR ADDITIONAL TEMPORARY QUARTERS ALLOWANCE INCIDENT TO HIS BEING "OUTSTATIONED" TO THE KANSAS CITY OFFICE OF THE OFFICE OF ECONOMIC OPPORTUNITY. ALTHOUGH CLAIMANT MAY HAVE BEEN IMPROPERLY "OUTSTATIONED," THE ERROR WAS CORRECTED RETROACTIVELY TO SHOW HIS DUTY STATION AS KANSAS CITY. FURTHER, IT IS EVIDENT THAT MR. SMITH HIMSELF CONSIDERED KANSAS CITY HIS PERMANENT DUTY STATION, SINCE HE PURCHASED A HOUSE AND WAS ALLOWED RELOCATION EXPENSES INCIDENT TO A TRANSFER OF OFFICIAL STATION. ACCORDINGLY, THERE EXISTS NO BASIS FOR REGARDING KANSAS CITY AS A TEMPORARY DUTY STATION AND MR. SMITH IS NOT ENTITLED TO ANY ADDITIONAL ALLOWANCE AFTER HE MOVED INTO HIS PERMANENT QUARTERS.

TO GAGE, TUCKER, HODGES, KREAMER, KELLY & VARNER:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 13, 1971, REQUESTING RECONSIDERATION OF THAT PART OF DECISION B-169708, JULY 19, 1971, SUSTAINING THE DISALLOWANCE OF THE CLAIM OF MR. HAROLD T. SMITH, AN EMPLOYEE OF THE OFFICE OF ECONOMIC OPPORTUNITY, FOR ADDITIONAL TEMPORARY QUARTERS ALLOWANCE FOR VARIOUS PERIODS SUBSEQUENT TO JANUARY 16, 1970, INCIDENT TO HIS "OUTSTATIONING" TO THE KANSAS CITY OFFICE OF THE OFFICE OF ECONOMIC OPPORTUNITY.

THE RECORD SHOWS THAT MR. SMITH'S DUTY STATION WAS TRANSFERRED FROM KANSAS CITY, MISSOURI, TO DENVER, COLORADO, EFFECTIVE JANUARY 5, 1970. WHEN HE REPORTED ON THAT DATE, IT WAS DISCOVERED THAT THERE WAS A LACK OF OFFICE SPACE AND HE WAS "OUTSTATIONED" BACK TO THE KANSAS CITY OFFICE. SINCE MR. SMITH HAD SOLD HIS RESIDENCE INCIDENT TO HIS TRANSFER TO DENVER, HE CONTRACTED TO PURCHASE A HOUSE ON JANUARY 8, 1970. THE PURCHASE OF HIS NEW RESIDENCE AT 11212 EAST 61ST TERRACE, RAYTOWN, MISSOURI, WAS COMPLETED ON JANUARY 17, 1970, AND WE ASSUMED THAT MR. SMITH MOVED INTO THE RESIDENCE ON THAT DATE SINCE HE DID NOT SUBMIT RECEIPTS FOR LODGINGS IN MOTELS OR OTHER ACCOMMODATIONS AFTER THAT DATE. WE HELD THAT MR. SMITH'S "OUTSTATIONING" EFFECTED A TRANSFER OF STATION AND THAT HE WAS NOT ENTITLED TO TEMPORARY QUARTERS ALLOWANCE AFTER HE MOVED INTO PERMANENT QUARTERS AT HIS NEW STATION. WE CITED DECISION B-161363, MAY 8, 1967, IN SUPPORT OF OUR DETERMINATION.

YOU ASSERT THAT MR. SMITH WAS IMPROPERLY "OUTSTATIONED" UNDER AGENCY REGULATIONS AND THAT UNTIL AUGUST 9, 1970, THE EFFECTIVE DATE OF STANDARD FORM 50 DATED AUGUST 7, 1970, REASSIGNING HIM TO KANSAS CITY, HE WAS MERELY AN EMPLOYEE IN A TEMPORARY DUTY STATUS PENDING A DETERMINATION AS TO HIS FUTURE ASSIGNMENT. YOU RECOGNIZE THE FACT THAT UNDER AGENCY REGULATIONS AN EMPLOYEE MAY NOT BE ALLOWED PER DIEM IN LIEU OF SUBSISTENCE AT HIS PERMANENT DUTY STATION OR AT HIS PLACE OF ABODE FROM WHICH HE COMMUTES DAILY TO HIS OFFICIAL STATION. HOWEVER, YOU BELIEVE THAT SUCH REGULATIONS AND OUR DECISION B-161363, MAY 8, 1967, ARE INAPPLICABLE TO MR. SMITH'S CASE SINCE HIS NEW STATION WAS DENVER AND THE QUARTERS IN QUESTION WERE IN KANSAS CITY. YOU ALSO STATE THAT MR. SMITH SHOULD BE AUTHORIZED A FULL 196 1/2 DAYS OF TEMPORARY DUTY, ALTHOUGH TEMPORARY DUTY FOR MORE THAN 30 DAYS MUST HAVE THE ADVANCE APPROVAL OF THE AUTHORIZING OFFICIAL, SINCE MR. SMITH FOUND HIMSELF IN KANSAS CITY DUE TO THE GROSS NEGLIGENCE OF HIS AGENCY.

THE OFFICIAL STATION OF AN EMPLOYEE IS A MATTER OF FACT AND NOT MERELY ONE OF ADMINISTRATIVE DESIGNATION. IN THE INSTANT CASE THE RECORD INDICATES THAT WHILE THE ASSIGNMENT OF MR. SMITH TO KANSAS CITY MAY HAVE BEEN IMPROPERLY DESIGNATED AS "OUTSTATIONING," HE WAS EXPECTED TO PERFORM THE PREPONDERANT PART OF HIS DUTIES THERE FOR AN INDEFINITE PERIOD. THIS CONNECTION STANDARD FORM 50 OF JANUARY 2, 1970, TRANSFERRING MR. SMITH TO DENVER WAS CORRECTED RETROACTIVELY BY STANDARD FORM 50 OF MARCH 13, 1970, TO SHOW HIS DUTY STATION AS KANSAS CITY. HE PERFORMED HIS DUTY THERE WITH THE EXCEPTION OF A SHORT PERIOD IN JUNE 1970 WHEN HE PERFORMED DUTY IN DENVER AND WAS PAID PER DIEM IN LIEU OF SUBSISTENCE WHICH IS PAYABLE TO AN EMPLOYEE WHEN HE PERFORMS TEMPORARY DUTY AWAY FROM HIS PERMANENT DUTY STATION. IN THIS CONNECTION MR. SMITH ALSO APPEARS TO HAVE CONSIDERED KANSAS CITY HIS PERMANENT DUTY STATION SINCE HE PURCHASED A HOME IN THE VICINITY AND CLAIMED (AND WAS ALLOWED) RELOCATION EXPENSES INCIDENT TO A TRANSFER OF OFFICIAL STATION INCIDENT TO HIS "OUTSTATIONING." ACCORDINGLY, THERE IS NO BASIS FOR REGARDING KANSAS CITY AS HIS TEMPORARY DUTY STATION FOR THE PERIOD PRIOR TO AUGUST 9, 1970, SO AS TO PERMIT PAYMENT OF ANY ADDITIONAL AMOUNT.

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