B-171685, FEB 22, 1971

B-171685, FEB 22, 1971

TEMPORARY QUARTERS SUBSISTENCE ALLOWANCE - ITEMIZATION DECISION DENYING CLAIM BY FLOYD L. SHERRELL FOR TEMPORARY QUARTERS SUBSISTENCE ALLOWANCE AND MISCELLANEOUS EXPENSES ALLOWANCE DUE TO LACK OF RECEIPTS FOR LODGING, LACK OF ITEMIZATION SHOWING AMOUNTS ACTUALLY SPENT FOR MEALS AND NO SHOWING THAT ANY MISCELLANEOUS EXPENSES WERE EVER INCURRED. UNDER THE PROVISIONS OF SECTION 2.5 BOB CIR. NO. A-56, ENTITLEMENT TO TEMPORARY QUARTERS ALLOWANCE FOR AN EMPLOYEE AND HIS FAMILY OCCURS ONLY AFTER "THE EMPLOYEE AND/OR MEMBERS OF HIS FAMILY VACATE THE RESIDENCE QUARTERS IN WHICH THEY WERE RESIDING AT THE TIME OF THE TRANSFER." THE RECORD INDICATES THAT WHILE CLAIMANT IS ENTITLED TO SUCH AN ALLOWANCE, HIS FAMILY IS NOT AND GAO IS UNABLE TO BREAK DOWN EXPENSES TO SHOW JUST WHAT PART THEREOF WAS INCURRED BY CLAIMANT ALONE. RECEIPTS FOR LODGING MUST ALSO BE FURNISHED IF THESE ITEMS ARE TO BE ALLOWED.

TO MR. FLOYD L. SHERRELL:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED AUGUST 30, 1970, CONCERNING YOUR CLAIM FOR TEMPORARY QUARTERS SUBSISTENCE ALLOWANCE FOR YOU AND YOUR DEPENDENTS AND MISCELLANEOUS EXPENSE ALLOWANCE INCIDENT TO YOUR PERMANENT CHANGES OF STATION MADE DURING THE PERIOD FROM JULY THROUGH OCTOBER 1968 AS AN EMPLOYEE OF THE DEFENSE SUPPLY AGENCY.

THIS MATTER WAS THE SUBJECT OF A LETTER FROM OUR CLAIMS DIVISION DATED SEPTEMBER 24, 1970, IN WHICH YOU WERE ADVISED THAT SINCE YOU DID NOT FURNISH RECEIPTS FOR LODGINGS, ITEMIZATION SHOWING AMOUNTS ACTUALLY SPENT FOR MEALS AND EVIDENCE YOU OCCUPIED TEMPORARY QUARTERS, PAYMENT OF TEMPORARY QUARTERS SUBSISTENCE ALLOWANCE WAS NOT AUTHORIZED. ADDITIONALLY, YOU WERE INFORMED THAT IN THE ABSENCE OF EVIDENCE THAT YOU INCURRED SOME EXPENSE IN CONNECTION WITH A CHANGE OF YOUR RESIDENCE PAYMENT OF A MISCELLANEOUS EXPENSE ALLOWANCE WAS NOT AUTHORIZED.

THE TRANSFER OF OFFICIAL STATION FOR WHICH A TEMPORARY QUARTERS ALLOWANCE WAS AUTHORIZED AND FOR WHICH YOU ORIGINALLY MADE CLAIM APPARENTLY OCCURRED ON AUGUST 3, 1968. THE PERIOD OF THE TEMPORARY QUARTERS ALLOWANCE CLAIMED IS FROM AUGUST 3, 1968, THROUGH AUGUST 21, 1968. IN YOUR CURRENT LETTER YOU INDICATE THAT DURING THIS PERIOD YOU AND YOUR FAMILY STAYED AT THE HOLIDAY INN AND THE SHEREDON INN, BOTH LOCATED IN TUPELO, MISSISSIPPI, AND AT THE AMORY MOTEL, AMORY, MISSISSIPPI. YOU SAY THAT EVIDENCE OF OCCUPATION OF TEMPORARY LODGINGS WAS SUBMITTED TO YOUR SUPERVISOR IN MEMPHIS. THE DEFENSE SUPPLY AGENCY REPORTED THAT YOU HAD CLAIMED MOTEL CHARGES OF $606.43 BUT THAT NO RECEIPTS ACCOMPANIED YOUR CLAIM. WE HAVE THE ORIGINAL PAPERS YOU SUBMITTED IN THE MATTER WHICH INCLUDES ITEMIZATIONS OF YOUR EXPENDITURES BUT NO RECEIPTS FOR LODGINGS. WE NOTE THAT ON THE VOUCHER SUBMITTED AROUND THE FIRST PART OF JANUARY 1969, THE FOLLOWING STATEMENT APPEARS:

"I WAS TOLD THAT THE FAMILY WOULD BE ALLOWED SO MUCH PER DAY THEREFORE NO RECEIPTS WERE OBTAINED AND NONE ARE AVAILABLE."

UNDER THE PROVISIONS OF SECTION 2.5 OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966, THE ENTITLEMENT TO A TEMPORARY QUARTERS ALLOWANCE FOR AN EMPLOYEE AND HIS FAMILY OCCURS ONLY AFTER "THE EMPLOYEE AND/OR MEMBERS OF HIS FAMILY VACATE THE RESIDENCE QUARTERS IN WHICH THEY WERE RESIDING AT THE TIME OF THE TRANSFER." IN CONNECTION WITH THE TRANSFER FROM SELMA TO AMORY THE RECORD INDICATES THAT THE MEMBERS OF YOUR FAMILY HAD NOT VACATED THE RESIDENCE QUARTERS IN SELMA DURING THE PERIOD IN AUGUST 1968 IN WHICH THEIR EXPENSES HAVE BEEN INCLUDED IN YOUR CLAIM FOR THE TEMPORARY QUARTERS ALLOWANCES. THEREFORE, NO PART OF THEIR EXPENSES DURING THAT PERIOD MAY BE CONSIDERED IN DETERMINING YOUR ENTITLEMENT TO A TEMPORARY QUARTERS ALLOWANCE. ALTHOUGH YOU WOULD BE ENTITLED TO A TEMPORARY QUARTERS ALLOWANCE RELATED TO THE EXPENSES YOU INCURRED FOR YOURSELF ALONE, WE POINT OUT THAT THE ITEMIZATIONS PREVIOUSLY FURNISHED ARE FOR EXPENSES INCURRED BY YOU AND YOUR FAMILY IN A GROUP. ARE UNABLE TO BREAK DOWN SUCH EXPENSES TO SHOW JUST WHAT PART THEREOF WERE INCURRED ON YOUR OWN ACCOUNT. IF YOU WILL FURNISH A SEPARATE ITEMIZATION WE WILL FURTHER CONSIDER AN ALLOWANCE ON THAT BASIS. HOWEVER, YOU SHOULD ATTEMPT TO OBTAIN RECEIPTS FOR THE LODGING. PERHAPS, THE MOTELS WHERE YOU STAYED WOULD STILL HAVE THEIR RECORDS AND COULD FURNISH YOU A STATEMENT IN THAT RESPECT.

AS TO THE MISCELLANEOUS EXPENSE ALLOWANCE THE PURPOSE THEREOF IS TO DEFRAY COSTS ASSOCIATED WITH DISCONTINUING RESIDENCE AT ONE LOCATION AND ESTABLISHING RESIDENCE AT A NEW LOCATION IN CONNECTION WITH AN AUTHORIZED OR APPROVED PERMANENT CHANGE OF STATION. THE REGULATIONS, AMONG OTHER THINGS, AUTHORIZE AN ALLOWANCE OF $100 FOR AN EMPLOYEE WITHOUT FAMILY AND $200 FOR AN EMPLOYEE WITH FAMILY. SINCE YOUR FAMILY WAS NEVER MOVED FROM SELMA, ALABAMA, WE CANNOT ALLOW THE FAMILY RATE. HOWEVER, IT MAY BE THAT YOU WOULD BE ENTITLED TO THE SINGLE ALLOWANCE OF $100 IF YOU SHOULD INDICATE THAT SOME EXPENSES WERE INCURRED INDIVIDUALLY SUCH AS THOSE OF OBTAINING AUTOMOBILE LICENSES OR PERMITS.

REFERRING TO YOUR REQUEST FOR INFORMATION AS TO AN APPEAL FROM OUR ACTION IN YOUR CASE, YOU ARE ADVISED THAT NO RIGHT OF APPEAL THEREFROM IS PROVIDED EXCEPT TO PURSUE THE MATTER IN THE APPLICABLE COURTS. IN THAT CONNECTION, SEE 28 U.S.C. 1346, 1491. ENCLOSED ARE COPIES OF CORRESPONDENCE AND DOCUMENTS RELATING TO YOUR CLAIM AS REQUESTED.