B-172228, APR 29, 1971

B-172228: Apr 29, 1971

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CLAIM WAS PROPERLY DISALLOWED WHEN EMPLOYEE MOVED INTO PERMANENT TYPE QUARTERS AND WAS PAID A SUM OF $200 MISCELLANEOUS EXPENSES RELATED TO DEFRAYING COSTS ASSOCIATED WITH MOVING INTO A PERMANENT RESIDENCE NOTWITHSTANDING THE FACT THAT EMPLOYEE MAY HAVE INTENDED AT SOMETIME IN THE FUTURE TO MOVE INTO A LARGER APARTMENT. THIS FUTURE INTENTION IS TOO INDEFINITE TO SUPPORT A CONCLUSION THAT THE QUARTERS WERE IN FACT TEMPORARY. YOUR HOUSEHOLD EFFECTS WERE LOADED AT YOUR HOME ADDRESS IN COLORADO FOR SHIPMENT TO 3613 WEST 144 STREET. THE SHIPMENT WAS DELIVERED ON DECEMBER 3. SHIPMENT OF HOUSEHOLD EFFECTS AND MISCELLANEOUS EXPENSES ALLOWANCE IN THE SUM OF $200 INCIDENT TO RELOCATION OF HOUSEHOLD WAS ALLOWED BY THE ADMINISTRATIVE OFFICE.

B-172228, APR 29, 1971

CIVILIAN EMPLOYEE - CHANGE OF STATION - TEMPORARY QUARTERS ALLOWANCE DENYING CLAIM OF JERROLD L. RATHBUN FOR TEMPORARY QUARTERS ALLOWANCE TO COVER EXPENSES INCURRED INCIDENT TO CHANGE OF DUTY STATION FROM DENVER, COLORADO TO LOS ANGELES, CALIF. CLAIM WAS PROPERLY DISALLOWED WHEN EMPLOYEE MOVED INTO PERMANENT TYPE QUARTERS AND WAS PAID A SUM OF $200 MISCELLANEOUS EXPENSES RELATED TO DEFRAYING COSTS ASSOCIATED WITH MOVING INTO A PERMANENT RESIDENCE NOTWITHSTANDING THE FACT THAT EMPLOYEE MAY HAVE INTENDED AT SOMETIME IN THE FUTURE TO MOVE INTO A LARGER APARTMENT. THIS FUTURE INTENTION IS TOO INDEFINITE TO SUPPORT A CONCLUSION THAT THE QUARTERS WERE IN FACT TEMPORARY.

TO MR. JERROLD L. RATHBUN:

WE AGAIN REFER TO LETTER OF MARCH 8, 1971, WRITTEN IN YOUR BEHALF BY MR. BRUCE M. STARK, VICE-PRESIDENT, LABOR DEPARTMENT LOCAL 2391, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES AFL-CIO, 450 GOLDEN GATE AVENUE, P.O. BOX 36074, SAN FRANCISCO, CALIFORNIA 94102, CONCERNING YOUR CLAIM FOR SUBSISTENCE EXPENSES WHILE LIVING IN TEMPORARY QUARTERS INCIDENT TO YOUR CHANGE OF DUTY STATION FROM DENVER, COLORADO, TO LOS ANGELES, CALIFORNIA, INCIDENT TO ORDERS DATED JULY 1, 1968.

TRAVEL AUTHORIZATION DATED JULY 1, 1968, AUTHORIZED TRANSPORTATION FOR YOU AND YOUR DEPENDENTS AND SHIPMENT OF HOUSEHOLD EFFECTS FROM DENVER, COLORADO, TO LOS ANGELES (HAWTHORNE) CALIFORNIA, FOR THE PURPOSE OF CHANGE OF OFFICIAL STATION. THE ORDERS ALSO AUTHORIZED REAL ESTATE ALLOWANCES, USE OF TWO PRIVATELY OWNED VEHICLES, MISCELLANEOUS EXPENSES NOT TO EXCEED $200 AND SUBSISTENCE EXPENSES WHILE OCCUPYING TEMPORARY QUARTERS NOT TO EXCEED 30 DAYS.

THE RECORD SHOWS THAT ON NOVEMBER 8, 1968, YOU SIGNED BILL OF LADING NO. 1309358 WHICH SHOWS THAT ON NOVEMBER 11, 1968, YOUR HOUSEHOLD EFFECTS WERE LOADED AT YOUR HOME ADDRESS IN COLORADO FOR SHIPMENT TO 3613 WEST 144 STREET, LOS ANGELES (HAWTHORNE) CALIFORNIA, WITH THE DELIVERY REQUESTED DURING THE PERIOD NOVEMBER 18 TO 22, 1968. THE SHIPMENT WAS DELIVERED ON DECEMBER 3, 1968. YOU AND YOUR DEPENDENTS TRAVELED FROM DENVER, COLORADO, TO LOS ANGELES, CALIFORNIA, IN TWO AUTOMOBILES. YOUR WIFE AND TWO CHILDREN TRAVELED IN ONE AUTOMOBILE AND YOU AND YOUR SON IN THE OTHER, ARRIVING AT YOUR DESTINATION ON NOVEMBER 12 AND 15, 1968, RESPECTIVELY.

UPON ARRIVAL IN LOS ANGELES, YOU AND YOUR FAMILY MOVED INTO AN UNFURNISHED APARTMENT AT 3613 WEST 144 STREET, HAWTHORNE, CALIFORNIA, WHICH YOU HAD RENTED ON A MONTH TO MONTH BASIS.

YOUR CLAIM FOR MILEAGE FOR PERSONAL AND DEPENDENT TRAVEL, SHIPMENT OF HOUSEHOLD EFFECTS AND MISCELLANEOUS EXPENSES ALLOWANCE IN THE SUM OF $200 INCIDENT TO RELOCATION OF HOUSEHOLD WAS ALLOWED BY THE ADMINISTRATIVE OFFICE. YOUR CLAIM FOR TEMPORARY QUARTERS SUBSISTENCE EXPENSE WAS DISALLOWED FOR THE REASON THAT UPON YOUR ARRIVAL IN LOS ANGELES, YOU MOVED INTO PERMANENT TYPE QUARTERS. BY SETTLEMENT DATED JANUARY 15, 1971, YOUR CLAIM WAS DISALLOWED BY OUR CLAIMS DIVISION FOR THE REASONS STATED THEREIN.

IN THE LETTER OF MARCH 8, 1971, REQUESTING REVIEW OF THE SETTLEMENT OF JANUARY 15, 1971, THE VIEW IS EXPRESSED THAT THE UNFURNISHED APARTMENT YOU RENTED ON A MONTH TO MONTH BASIS IN LOS ANGELES SHOULD BE CONSIDERED TEMPORARY QUARTERS FOR THE REASON THAT THOSE PREMISES WERE INADEQUATE TO YOUR NEEDS, THAT YOU INCURRED ADDITIONAL EXPENSES AND YOU INTENDED TO REMAIN THERE ONLY UNTIL YOU COULD PURCHASE A HOME.

SECTION 2.5B OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-56 (REVISED JUNE 26, 1969) PROVIDES IN PERTINENT PART AS FOLLOWS:

"(3) TEMPORARY QUARTERS REFERS TO LODGING OBTAINED TEMPORARILY BY THE EMPLOYEE AND/OR MEMBERS OF HIS IMMEDIATE FAMILY WHO HAVE VACATED THE RESIDENCE QUARTERS IN WHICH THEY WERE RESIDING AT THE TIME THE TRANSFER WAS AUTHORIZED."

"(4) *** TEMPORARY QUARTERS SHOULD BE REGARDED AS AN EXPEDIENT, TO BE USED ONLY IF, OR FOR AS LONG AS, NECESSARY UNTIL THE EMPLOYEE CAN MOVE INTO RESIDENCE QUARTERS OF A PERMANENT TYPE."

ACCORDING TO THE INFORMATION FURNISHED BY YOU, DURING THE PERIOD NOVEMBER 12 TO 15, 1968, YOU AND YOUR DEPENDENTS MOVED INTO AN UNFURNISHED APARTMENT AT 3613 WEST 144 STREET, LOS ANGELES (HAWTHORNE) CALIFORNIA. WHILE YOU EXPERIENCED SOME INCONVENIENCE BECAUSE YOUR FURNITURE WAS NOT DELIVERED UNTIL DECEMBER 3, 1968, THE APARTMENT DID NOT CONSTITUTE TRANSIENT LODGINGS BUT WAS HOUSING NORMALLY OCCUPIED BY INDIVIDUALS FOR AN INDEFINITE PERIOD AND CONSIDERED PERMANENT TYPE QUARTERS. SEE B-162510, OCTOBER 10, 1967, AND B-162239, AUGUST 28, 1967, COPIES HEREWITH. MOREOVER, THE FACT THAT YOU MAY HAVE INTENDED AT SOMETIME IN THE FUTURE TO MOVE INTO A LARGER APARTMENT OR PURCHASE A HOME IS TOO INDEFINITE TO SUPPORT A CONCLUSION THAT THE QUARTERS YOU OCCUPIED WERE IN FACT TEMPORARY. IN THIS CONNECTION THERE HAS NOT BEEN OVERLOOKED THE FACT THAT AT THE TIME YOU MOVED INTO THE APARTMENT AT 3613 WEST 144 STREET, LOS ANGELES (HAWTHORNE) CALIFORNIA, YOU WERE PAID THE SUM OF $200 AS AN ALLOWANCE FOR MISCELLANEOUS EXPENSES. THIS ALLOWANCE IS RELATED TO DEFRAYING VARIOUS CONTINGENT EXPENSES ASSOCIATED WITH MOVING INTO A PERMANENT RESIDENCE IN CONNECTION WITH AN AUTHORIZED PERMANENT CHANGE OF STATION.

ACCORDINGLY, THE DISALLOWANCE OF YOUR CLAIM FOR TEMPORARY QUARTERS SUBSISTENCE ALLOWANCE IS SUSTAINED.