B-170926, JUN 2, 1971

B-170926: Jun 2, 1971

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HAMILTON: REFERENCE IS MADE TO YOUR LETTER OF MARCH 30. THE PERTINENT FACTS WERE STATED IN OUR DECISION OF FEBRUARY 22. WILL NOT BE REPEATED HERE. YOUR CLAIM WAS DISALLOWED SINCE IT COULD NOT BE ESTABLISHED WITH CERTAINTY DUE TO CONFLICTING STATEMENTS SUBMITTED BY YOU. SINCE YOUR TRIP TO WISCONSIN WAS FOR PERSONAL REASONS. IT DID NOT INTERRUPT THE RUNNING OF THE 30-DAY PERIOD DURING WHICH REIMBURSEMENT OF SUBSISTENCE EXPENSES INCIDENT TO OCCUPANCY OF TEMPORARY QUARTERS IS ALLOWABLE. NO AMOUNT IS AUTHORIZED FOR THE PERIOD DECEMBER 22 THROUGH DECEMBER 27. WE NOTE THAT NO RECEIPTS HAVE BEEN SUBMITTED AND NO CLAIM IS MADE FOR LODGING FOR THE PERIOD DECEMBER 31. LODGING EXPENSES FOR SUCH PERIOD ARE NOT ALLOWABLE.

B-170926, JUN 2, 1971

CIVILIAN EMPLOYEE - TRANSFERS - SUBSISTENCE EXPENSES ALLOWING CLAIM FOR SUBSISTENCE EXPENSES INCIDENT TO THE OCCUPANCY OF TEMPORARY QUARTERS IN CONNECTION WITH EMPLOYEE'S TRANSFER FROM STURGEON BAY, WIS. TO NEWPORT NEWS, VA. THE NEW INFORMATION CLARIFIES THE PREVIOUSLY CONFLICTING STATEMENTS BY CLAIMANT, WHICH RESULTED IN THE DISALLOWANCE, AND THE CLAIM MAY NOW BE ALLOWED.

TO MR. WILLIAM C. HAMILTON:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 30, 1971, REQUESTING RECONSIDERATION OF OUR DECISION OF FEBRUARY 22, 1971, SUSTAINING OUR DISALLOWANCE OF YOUR CLAIM FOR SUBSISTENCE EXPENSES INCIDENT TO THE OCCUPANCY OF TEMPORARY QUARTERS FOR THE PERIOD DECEMBER 4, 1969, TO JANUARY 6, 1970, IN CONNECTION WITH YOUR TRANSFER OF STATION FROM STURGEON BAY, WISCONSIN, TO NEWPORT NEWS, VIRGINIA, AS AN EMPLOYEE OF THE DEPARTMENT OF THE NAVY.

THE PERTINENT FACTS WERE STATED IN OUR DECISION OF FEBRUARY 22, 1971, AND WILL NOT BE REPEATED HERE. YOUR CLAIM WAS DISALLOWED SINCE IT COULD NOT BE ESTABLISHED WITH CERTAINTY DUE TO CONFLICTING STATEMENTS SUBMITTED BY YOU. UPON REVIEW OF THE STATEMENT NOW SUBMITTED BY YOU WE FIND THAT YOUR CLAIM MAY BE ALLOWED TO THE EXTENT INDICATED BELOW.

THE RECORD INDICATES THAT YOU ARRIVED AT YOUR NEW STATION AT 2120 ON DECEMBER 4, 1969, AND OCCUPIED TEMPORARY QUARTERS UNTIL THE MORNING OF DECEMBER 22, 1969, WHEN YOU TRAVELED TO WISCONSIN FOR THE HOLIDAYS. YOU RETURNED TO YOUR NEW STATION ON DECEMBER 28, 1969. SINCE YOUR TRIP TO WISCONSIN WAS FOR PERSONAL REASONS, IT DID NOT INTERRUPT THE RUNNING OF THE 30-DAY PERIOD DURING WHICH REIMBURSEMENT OF SUBSISTENCE EXPENSES INCIDENT TO OCCUPANCY OF TEMPORARY QUARTERS IS ALLOWABLE. B-166556, MAY 21, 1969, COPY ENCLOSED. THUS, THE 30-DAY PERIOD IN YOUR CASE WOULD RUN FROM DECEMBER 5, 1969, THROUGH JANUARY 3, 1970. HOWEVER, NO AMOUNT IS AUTHORIZED FOR THE PERIOD DECEMBER 22 THROUGH DECEMBER 27, 1969, WHEN YOU RETURNED TO YOUR OLD STATION. ALSO, WE NOTE THAT NO RECEIPTS HAVE BEEN SUBMITTED AND NO CLAIM IS MADE FOR LODGING FOR THE PERIOD DECEMBER 31, 1969, THROUGH JANUARY 3, 1970. THEREFORE, LODGING EXPENSES FOR SUCH PERIOD ARE NOT ALLOWABLE.

THE AMOUNTS OF $15 AND $21.03 CLAIMED FOR SUPPER ON DECEMBER 5 AND 6, 1969, RESPECTIVELY, APPEAR TO INCLUDE OTHER THAN THE COST OF MEALS AND MAY NOT BE ALLOWED. SINCE YOU RETURNED TO WISCONSIN ON THE MORNING OF DECEMBER 22, 1969, THE ITEMS OF $1 AND $4.26 FOR DINNER AND SUPPER ON THAT DAY APPARENTLY ARE NOT EXPENSES INCIDENT TO THE USE OF TEMPORARY QUARTERS AND ARE NOT FOR ALLOWANCE. THE REMAINING SUBSISTENCE ITEMS APPEAR REASONABLE AND MAY BE CONSIDERED AS INCURRED INCIDENT TO USE OF TEMPORARY QUARTERS.

NO RECEIPTS HAVE BEEN FURNISHED IN SUPPORT OF THE AMOUNTS OF $3.12 AND $4.30 CLAIMED FOR LAUNDRY EXPENSES ON DECEMBER 10, 1969, AND JANUARY 2, 1970, RESPECTIVELY. THEREFORE, SUCH ITEMS MAY NOT BE ALLOWED.

YOUR CLAIM IS BEING REFERRED TO OUR CLAIMS DIVISION FOR PROCESSING IN ACCORDANCE WITH THE ABOVE AND SETTLEMENT WILL ISSUE IN DUE COURSE.