B-170921, NOV. 12, 1970

B-170921: Nov 12, 1970

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IT WAS FOUND THAT EMPLOYEE DID NOT RECEIVE TEMPORARY LODGING ALLOWANCE TO WHICH HE WAS ENTITLED. THEREFORE IT IS SUGGESTED THAT CLAIM BE FILED WITH FORMER AGENCY TO MR. SEYEN: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 14. IN VIEW OF THESE PROVISIONS THE SETTLEMENT BY OUR CLAIMS DIVISION IS HEREBY SUSTAINED. WHO ARE UNITED STATES CITIZENS. IS GOVERNED BY THE PROVISIONS OF 5 U.S.C. 5923 AND REGULATIONS ISSUED PURSUANT THERETO. WHICH WERE ISSUED UNDER THE AUTHORITY OF EXECUTIVE ORDER NO. 10903. WE FIND NO DISBURSEMENTS IN YOUR FAVOR FOR TEMPORARY LODGING ALLOWANCE TO WHICH YOU WERE APPARENTLY ENTITLED. DURING WHICH YOU WERE AWAITING ASSIGNMENT OF PERMANENT QUARTERS IN FRANKFURT. WE SUGGEST THAT YOU MAKE CLAIM WITH YOUR FORMER AGENCY FOR THE PAYMENT OF TEMPORARY LODGING ALLOWANCE COVERING YOU AND YOUR FAMILY FOR THE PERIOD DURING WHICH YOU WERE AWAITING ASSIGNMENT TO GOVERNMENT QUARTERS.

B-170921, NOV. 12, 1970

OVERSEAS EMPLOYEE - QUARTERS SUBSISTENCE DECISION SUSTAINING CLAIMS DIVISION SETTLEMENT DISALLOWING AIR FORCE OVERSEAS EMPLOYEE'S CLAIM FOR TEMPORARY QUARTERS SUBSISTENCE EXPENSES ON BASIS TRANSFER TOOK PLACE OUTSIDE U.S. HOWEVER, UPON REVIEW, IT WAS FOUND THAT EMPLOYEE DID NOT RECEIVE TEMPORARY LODGING ALLOWANCE TO WHICH HE WAS ENTITLED, THEREFORE IT IS SUGGESTED THAT CLAIM BE FILED WITH FORMER AGENCY

TO MR. VICTOR E. SEYEN:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 14, 1970, WHEREIN YOU APPEAL THE SETTLEMENT BY OUR CLAIMS DIVISION OF SEPTEMBER 10, 1970, WHICH DISALLOWED YOUR CLAIM IN THE AMOUNT OF $470.86 FOR TEMPORARY QUARTERS SUBSISTENCE EXPENSES.

THE PROVISIONS OF C 8254-2 OF THE JOINT TRAVEL REGULATIONS, VOLUME 2 (JTR), EXPLICITLY EXCLUDE REIMBURSEMENT FOR TEMPORARY QUARTERS SUBSISTENCE EXPENSES THEREUNDER WHEN THE TRANSFER OF AN EMPLOYEE TAKES PLACE OUTSIDE THE UNITED STATES. IN VIEW OF THESE PROVISIONS THE SETTLEMENT BY OUR CLAIMS DIVISION IS HEREBY SUSTAINED.

ENTITLEMENT TO QUARTERS ALLOWANCE FOR OVERSEAS EMPLOYEES OF THE UNITED STATES, WHO ARE UNITED STATES CITIZENS, IS GOVERNED BY THE PROVISIONS OF 5 U.S.C. 5923 AND REGULATIONS ISSUED PURSUANT THERETO, I.E., THE STATE DEPARTMENT STANDARDIZED REGULATIONS (GOVERNMENT CIVILIANS, FOREIGN AREAS), WHICH WERE ISSUED UNDER THE AUTHORITY OF EXECUTIVE ORDER NO. 10903, JANUARY 11, 1961, 26 F.R. 217.

UPON REVIEW OF THE RECORD BEFORE US, WE FIND NO DISBURSEMENTS IN YOUR FAVOR FOR TEMPORARY LODGING ALLOWANCE TO WHICH YOU WERE APPARENTLY ENTITLED. YOU STATE THAT YOU DID NOT RECEIVE ANY QUARTERS ALLOWANCE FOR THE PERIOD SEPTEMBER 9 TO OCTOBER 2, 1969, DURING WHICH YOU WERE AWAITING ASSIGNMENT OF PERMANENT QUARTERS IN FRANKFURT, GERMANY.

UNDER THE CIRCUMSTANCES, WE SUGGEST THAT YOU MAKE CLAIM WITH YOUR FORMER AGENCY FOR THE PAYMENT OF TEMPORARY LODGING ALLOWANCE COVERING YOU AND YOUR FAMILY FOR THE PERIOD DURING WHICH YOU WERE AWAITING ASSIGNMENT TO GOVERNMENT QUARTERS. THE CLAIM SHOULD BE ADDRESSED TO:

1100TH AIRBASE WING

CIVILIAN PERSONNEL OFFICE

BOLLING AIR FORCE BASE

WASHINGTON, D. C. 20332

ATTENTION: MR. REEVES

SINCE THIS IS THE OFFICE WHICH HAS YOUR RECORDS, THE AMOUNT TO WHICH YOU ARE ENTITLED WILL BE DETERMINED THERE.