B-171607, MAR 10, 1971

B-171607, MAR 10, 1971

SUBSISTENCE ALLOWANCE - DELAY IN REPORTING TO NEW DUTY STATION DECISION AUTHORIZING PAYMENT OF CLAIM BY HAROLD F. STANLEY FOR SUBSISTENCE EXPENSES WHILE OCCUPYING TEMPORARY QUARTERS INCIDENT TO HIS TRANSFER TO CHICAGO, ILL. AN EMPLOYEE ORDERED TO CHANGE OFFICIAL STATIONS FROM CLEVELAND, OHIO TO CHICAGO, ILL., WITH TRAVEL TO BEGIN MAY 13, 1968, BUT WHO PERFORMED TEMPORARY DUTY IN MINNESOTA IMMEDIATELY AFTER REPORTING TO CHICAGO, MAY BE PAID SUBSISTENCE EXPENSES INCIDENT TO HIS RETURN TO CHICAGO IN SEPTEMBER 1969. THE 30-DAY PERIOD IN SECTION 2.5B(6) OF BOB CIR. NO. A 56 MAY BE VIEWED AS EXCLUSIVE OF A PERIOD OF TEMPORARY DUTY.

TO MR. VLADIMIR OLEYNIK:

WE REFER FURTHER TO YOUR LETTER OF DECEMBER 23, 1970, REQUESTING A DECISION ON THE ALLOWABILITY OF A CLAIM BY MR. HAROLD F. STANLEY FOR SUBSISTENCE EXPENSES WHILE OCCUPYING TEMPORARY QUARTERS INCIDENT TO HIS TRANSFER TO CHICAGO, ILLINOIS.

MR. STANLEY ON THE VOUCHER SUBMITTED CLAIMS $366 SUBSISTENCE EXPENSES FOR HIMSELF AND WIFE FOR THE PERIOD SEPTEMBER 4 THROUGH 29, 1969, EXCLUDING THE TIME BETWEEN 3 P.M. OF THE 16TH AND 12 NOON OF THE 18TH AND BETWEEN 8 A.M. OF THE 23RD AND 6:30 P.M. OF THE 24TH.

YOU STATE THAT THE EXPENSES CLAIMED WERE INCURRED INCIDENT TO MR. STANLEY'S CHANGE OF OFFICIAL STATION FROM CLEVELAND, OHIO, TO CHICAGO, ILLINOIS, UNDER TRAVEL ORDERS DATED MARCH 25, 1968, WITH TRAVEL TO BEGIN MAY 13, 1968. SINCE AS YOU STATE MR. STANLEY REPORTED FOR DUTY IN CHICAGO ON MAY 13, 1968, YOU DISALLOWED THE $366 UNDER THE PROVISION OF SECTION 2.5B(6) OF THE OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-56, REVISED, OCTOBER 12, 1966.

YOU SUBMIT STATEMENTS FROM MR. STANLEY AND MR. RICHARD E. MILLER, ASSOCIATE MANPOWER ADMINISTRATOR FOR FINANCIAL AND MANAGEMENT SYSTEMS, IN EXPLANATION OF THE DELAY OF APPROXIMATELY 18 MONTHS BETWEEN MR. STANLEY'S DATE OF REPORTING FOR DUTY AT CHICAGO AND HIS CLAIM FOR TEMPORARY QUARTERS ALLOWANCE. IN SUMMARY IT APPEARS THAT EFFECTIVE MARCH 3, 1968, A POINT OF TIME PRIOR TO THE CHANGE OF STATION ORDERS, INSTRUCTIONS WERE ISSUED BY THE ADMINISTRATOR OF THE BUREAU OF EMPLOYMENT SECURITY, WASHINGTON, D.C., TO THE CLEVELAND REGIONAL OFFICE TO DETAIL MR. STANLEY TO A SPECIAL ASSIGNMENT - CONCENTRATED EMPLOYMENT PROGRAM - WITH RESPONSIBILITY FOR THE PROGRAM IN MINNESOTA. IT APPEARS THAT WITH THE EXCEPTION OF HIS INITIALLY REPORTING TO CHICAGO HE WORKED ON THE SPECIAL PROGRAM AT DETROIT LAKES, MINNESOTA, UNTIL SEPTEMBER 1969 WHEN HE RETURNED TO CHICAGO AND INCURRED THE EXPENSES CLAIMED.

SECTION 2.5B(6) OF CIRCULAR NO. A-56, REVISED, OCTOBER 12, 1966, READS:

"THE USE OF TEMPORARY QUARTERS FOR SUBSISTENCE EXPENSE PURPOSES UNDER THESE PROVISIONS MAY BEGIN AS SOON AS THE EMPLOYEE'S TRANSFER HAS BEEN AUTHORIZED AND THE WRITTEN AGREEMENT REQUIRED IN SUBSECTION 1.3C HAS BEEN SIGNED. IN ORDER TO BE ELIGIBLE FOR THE TEMPORARY QUARTERS ALLOWANCE USE OF SUCH QUARTERS MUST BEGIN NOT LATER THAN 30 DAYS FROM THE DATE THE EMPLOYEE REPORTED FOR DUTY AT HIS NEW OFFICIAL STATION."

WE NOTE THAT SECTION 2.5B(6) WAS RENUMBERED AS 2.5B(5) ON JUNE 26, 1969, TO EXTEND THE PERIOD DURING WHICH AN EMPLOYEE MAY USE A TEMPORARY QUARTERS ALLOWANCE AND NOW READS:

"THE USE OF TEMPORARY QUARTERS FOR SUBSISTENCE EXPENSE PURPOSES UNDER THESE PROVISIONS MAY BEGIN AS SOON AS THE EMPLOYEE'S TRANSFER HAS BEEN AUTHORIZED AND THE WRITTEN AGREEMENT REQUIRED IN 1.3C HAS BEEN SIGNED. ORDER TO BE ELIGIBLE FOR THE TEMPORARY QUARTERS ALLOWANCE, THE PERIOD OF USE OF SUCH QUARTERS FOR WHICH A CLAIM FOR REIMBURSEMENT IS MADE MUST BEGIN NOT LATER THAN 30 DAYS FROM THE DATE THE EMPLOYEE REPORTED FOR DUTY AT HIS NEW OFFICIAL STATION, OR IF NOT BEGUN DURING THIS PERIOD, THEN NOT LATER THAN 30 DAYS FROM THE DATE THE FAMILY VACATES THE RESIDENCE AT THE OLD OFFICIAL STATION BUT NOT BEYOND THE MAXIMUM TIME FOR BEGINNING ALLOWABLE TRAVEL AND TRANSPORTATION."

IN OUR DECISION B-163689, MARCH 20, 1968, COPY ENCLOSED, WE RECOGNIZED THAT THE 30-DAY PERIOD IN SECTION 2.5B(6) OF CIRCULAR NO. A 56 MAY BE VIEWED AS EXCLUSIVE OF A PERIOD OF TEMPORARY DUTY, AN INTERRUPTION FOR REASONS OF OFFICIAL NECESSITY. CONSISTENT THEREWITH, AND IN VIEW OF THE CIRCUMSTANCES HERE INVOLVED, WE DO NOT VIEW THE 30 DAY REQUIREMENT AS PRECLUDING MR. STANLEY'S ENTITLEMENT TO THE TEMPORARY QUARTERS ALLOWANCE.

THE VOUCHER, RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT IF OTHERWISE CORRECT.