B-171715, FEB 24, 1971

B-171715, FEB 24, 1971

CIVILIAN EMPLOYEE - TRANSFERS - TEMPORARY QUARTERS AUTHORIZING PAYMENT OF CLAIM OF FRANCIS E. FEDERSPIEL, FOR TEMPORARY LODGING AND SUBSISTENCE FOR HIM AND HIS WIFE AND FOR HIS WIFE ONLY INCURRED INCIDENT TO CHANGE OF STATION FROM BARLESVILLE, OKLAHOMA, TO SPOKANE, WASHINGTON. WHERE OFFICIAL TRAVEL PERFORMED IN CONNECTION WITH TEMPORARY DUTY OCCURS AFTER THE EMPLOYEE BEGINS TO OCCUPY TEMPORARY QUARTERS, TIME SPENT IN SUCH TRAVEL WHILE NEITHER THE EMPLOYEE NOR A MEMBER OF HIS FAMILY IS CLAIMING OR OCCUPYING TEMPORARY QUARTERS SHOULD NOT BE COUNTED IN DETERMINING WHEN THE MAXIMUM PERIOD FOR REIMBURSEMENT UNDER SECTION 2.5 OF CIRCULAR NO. A- 56 EXPIRES. THEREFORE, REIMBURSEMENT FOR TEMPORARY QUARTERS FOR THE NONCONSECUTIVE PERIODS OF JULY 5 - 12, AND SEPTEMBER 11 - 20, FOR SELF AND SPOUSE AND SEPTEMBER 21 - 30, FOR SPOUSE ONLY IS ALLOWED.

TO MR. ROYAL D. HUGHEY:

REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 12, 1971, WITH ENCLOSURES, IN WHICH YOU REQUEST AN ADVANCE DECISION AS TO WHETHER TEMPORARY LODGING AND SUBSISTENCE IN THE AMOUNT OF $425.45, CONSTITUTING A PORTION OF A VOUCHER IN THE AMOUNT OF $1,454.61, MAY BE PAID TO MR. FRANCIS E. FEDERSPIEL.

IT APPEARS THAT MR. FEDERSPIEL WAS ISSUED TRAVEL AUTHORIZATION NO. T9800080 DATED JUNE 16, 1970, WHICH AUTHORIZED THE SHIPMENT AND TEMPORARY STORAGE OF HOUSEHOLD GOODS AND FOR TEMPORARY QUARTERS NOT TO EXCEED 30 DAYS IN CONNECTION WITH A CHANGE OF STATION FROM BARTLESVILLE, OKLAHOMA, TO SPOKANE, WASHINGTON. YOUR LETTER STATES THAT HE HAS BEEN REIMBURSED FOR MILEAGE AND PER DIEM TO COVER THIS TRANSFER FOR THE PERIOD JUNE 29 TO JULY 4, 1970.

MR. FEDERSPIEL IS CLAIMING REIMBURSEMENT FOR TEMPORARY QUARTERS FOR THE PERIODS JULY 5-12, 1970, AND SEPTEMBER 11-20, 1970, FOR SELF AND SPOUSE AND SEPTEMBER 21-30, 1970, FOR SPOUSE ONLY.

YOU STATE THAT MR. FEDERSPIEL WAS AWAY FROM HIS OFFICIAL STATION ON PROPERLY AUTHORIZED TEMPORARY DUTY ASSIGNMENTS DURING THE PERIODS JULY 13 TO SEPTEMBER 11 AND SEPTEMBER 21 TO OCTOBER 13, 1970.

YOU STATE PARAGRAPH 2.5B(1) OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-56 PROVIDES THAT 30 CONSECUTIVE DAYS SUBSISTENCE EXPENSE OF THE EMPLOYEE MAY BE INTERRUPTED BECAUSE OF AN INTERVENING TEMPORARY DUTY ASSIGNMENT. YOU ASK FOR AN ADVANCE DECISION AS TO THE PROPRIETY OF PAYMENT OF THIS CLAIM FOR TEMPORARY QUARTERS AS PRESENTED DUE TO THE FACT THAT DOUBTS EXIST AS TO WHETHER THE INTERRUPTION OF 30 CONSECUTIVE DAYS TEMPORARY QUARTERS PROVIDED FOR IN PARAGRAPH 2.5B(1) APPLIES TO THE SPOUSE AS WELL AS THE EMPLOYEE.

SECTION 2.5B(1) OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-56 PROVIDES AS FOLLOWS:

"(1) SUBSISTENCE EXPENSES OF THE EMPLOYEE, FOR WHOM A PERMANENT CHANGE OF STATION IS AUTHORIZED OR APPROVED, AND EACH MEMBER OF HIS IMMEDIATE FAMILY (DEFINED IN 1.2D), FOR A PERIOD OF NOT MORE THAN 30 CONSECUTIVE DAYS WHILE NECESSARILY OCCUPYING TEMPORARY QUARTERS WILL BE ALLOWED WHEN THE NEW OFFICIAL STATION IS LOCATED IN THE 50 STATES, THE DISTRICT OF COLUMBIA, UNITED STATES TERRITORIES AND POSSESSIONS, THE COMMONWEALTH OF PUERTO RICO AND THE CANAL ZONE, PROVIDED A WRITTEN AGREEMENT AS REQUIRED IN 1.3C IS SIGNED IN CONNECTION WITH SUCH TRANSFER. THE PERIOD OF CONSECUTIVE DAYS MAY BE INTERRUPTED TO TAKE ACCOUNT OF THE TIME THAT IS ALLOWED FOR TRAVEL BETWEEN THE OLD AND NEW OFFICIAL STATIONS OR WHICH IS DUE TO CIRCUMSTANCES ATTRIBUTABLE TO OFFICIAL NECESSITY, AS FOR EXAMPLE, AN INTERVENING TEMPORARY DUTY ASSIGNMENT."

SECTION 2.5B(6) PROVIDES AS FOLLOWS:

"(6) IN COMPUTING THE LENGTH OF TIME ALLOWED FOR TEMPORARY QUARTERS AT GOVERNMENT EXPENSE UNDER THE 30 OR 60-DAY LIMITATIONS SPECIFIED HEREIN, SUCH TIME WILL BEGIN TO RUN FOR THE EMPLOYEE AND ALL MEMBERS OF HIS IMMEDIATE FAMILY WHEN EITHER THE EMPLOYEE OR ANY MEMBER OF THE IMMEDIATE FAMILY BEGINS THE PERIOD OF USE OF SUCH QUARTERS FOR WHICH A CLAIM FOR REIMBURSEMENT IS MADE AND THE TIME SHALL RUN CONCURRENTLY. THE EMPLOYEE MAY OCCUPY TEMPORARY QUARTERS AT ONE LOCATION WHILE MEMBERS OF THE IMMEDIATE FAMILY OCCUPY QUARTERS AT ANOTHER LOCATION. THE PERIOD OF ELIGIBILITY WILL TERMINATE WHEN THE EMPLOYEE OR ANY MEMBER OF HIS IMMEDIATE FAMILY OCCUPIES PERMANENT TYPE RESIDENCE QUARTERS, OR THE ALLOWABLE TIME LIMIT EXPIRES, WHICHEVER OCCURS FIRST."

THESE PROVISIONS WERE FORMERLY CONTAINED IN SECTION 2.5B(5) OF CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966. AS INDICATED IN 47 COMP. GEN. 322 (1967), WE DID NOT CONSIDER THAT THE PROVISIONS OF THIS SECTION PRECLUDED THE INTERRUPTION OF THE 30-DAY PERIOD WHEN THE EMPLOYEE AND HIS FAMILY WERE NOT OCCUPYING TEMPORARY QUARTERS AT THE OLD OR NEW STATION BY REASON OF THE PERFORMANCE OF OFFICIAL TRAVEL. THEREFORE, WHEN OFFICIAL TRAVEL INVOLVED RESULTS FROM TEMPORARY DUTY AFTER THE EMPLOYEE BEGINS TO OCCUPY TEMPORARY QUARTERS, TIME SPENT IN SUCH TRAVEL WHILE NEITHER THE EMPLOYEE NOR A MEMBER OF HIS FAMILY IS CLAIMING OR OCCUPYING TEMPORARY QUARTERS SHOULD NOT BE COUNTED IN DETERMINING WHEN THE MAXIMUM PERIOD FOR REIMBURSEMENT UNDER SECTION 2.5 OF CIRCULAR NO. A-56 EXPIRES.

HENCE, THE TEMPORARY QUARTERS EXPENSES FOR THE PERIODS JULY 5-12, 1970, AND SEPTEMBER 11-20, 1970, FOR MR. FEDERSPIEL AND HIS WIFE AND THE PERIOD SEPTEMBER 21-30, 1970, FOR HIS WIFE ONLY MAY BE CERTIFIED FOR PAYMENT IF OTHERWISE CORRECT.

THE VOUCHER WITH RELATED PAPERS IS RETURNED HEREWITH.