B-173217, JUL 13, 1971

B-173217: Jul 13, 1971

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IT IS CLEAR THAT THE EMPLOYEE AND HIS FAMILY WERE NOT OCCUPYING TEMPORARY QUARTERS WITHIN THE MEANING OF SECTION 2.5 OF OMB CIR. HANNEBRINK: REFERENCE IS MADE TO YOUR LETTER. DAVIS WAS AUTHORIZED. IT DOES NOT APPEAR THAT A HOUSE HUNTING TRIP WAS AUTHORIZED. A-56 WHICH STATES THAT A HOUSE HUNTING TRIP WILL NOT BE AUTHORIZED WHEN THE DISTANCE BETWEEN THE OLD AND NEW STATIONS IS LESS THAN 75 MILES. THERE IS AN INDICATION THAT DURING THE NEXT 30 DAYS MR. DAVIS' CLAIM FOR REIMBURSEMENT OF HIS TEMPORARY QUARTERS ALLOWANCE ON THE GROUND THAT HE AND HIS FAMILY WERE NOT OCCUPYING TEMPORARY QUARTERS. DAVIS AND HIS FAMILY WERE NOT OCCUPYING TEMPORARY QUARTERS WITHIN THE MEANING OF SECTION 2.5 OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO.

B-173217, JUL 13, 1971

CIVILIAN EMPLOYEE - CHANGE OF STATION - TEMPORARY QUARTERS ALLOWANCE DECISION DENYING CLAIM BY ROBERT V. DAVIS FOR TEMPORARY QUARTERS ALLOWANCE IN CONNECTION WITH A TRANSFER OF OFFICIAL STATION FROM TILLAMOOK, OREGON, TO PORTLAND, OREGON. IT IS CLEAR THAT THE EMPLOYEE AND HIS FAMILY WERE NOT OCCUPYING TEMPORARY QUARTERS WITHIN THE MEANING OF SECTION 2.5 OF OMB CIR. NO. A 56. BECAUSE NEITHER THE EMPLOYEE NOR HIS FAMILY VACATED THEIR PERMANENT QUARTERS, THE INSTANT CLAIM MUST BE DENIED.

TO MRS. LILA B. HANNEBRINK:

REFERENCE IS MADE TO YOUR LETTER, YOUR REFERENCE 1382 (D-832), FORWARDED HERE WITH ENCLOSURES BY THE DENVER SERVICE CENTER ON JUNE 7, 1971, REQUESTING OUR DECISION CONCERNING MR. ROBERT V. DAVIS' CLAIM FOR TEMPORARY QUARTERS ALLOWANCE AND FOR EXPENSES OF MOVEMENT OF HOUSEHOLD EFFECTS IN CONNECTION WITH THE TRANSFER OF HIS OFFICIAL STATION FROM TILLAMOOK, OREGON, TO PORTLAND, OREGON.

THE RECORD SHOWS THAT, BY TRAVEL AUTHORIZATION NO. SPEC-201, DATED JUNE 12, 1969, MR. DAVIS WAS AUTHORIZED, AMONG OTHER THINGS, SHIPMENT OF HIS HOUSEHOLD GOODS AND PERSONAL EFFECTS, NOT TO EXCEED 11,000 POUNDS, AND OTHER ALLOWANCES AS APPROPRIATE UNDER PUBLIC LAW 89-516. HOWEVER, IT DOES NOT APPEAR THAT A HOUSE HUNTING TRIP WAS AUTHORIZED, PRESUMABLY, BECAUSE OF THE DISTANCE INVOLVED (75 MILES) BETWEEN TILLAMOOK AND PORTLAND. SEE SECTION 2.4 OF CIRCULAR NO. A-56 WHICH STATES THAT A HOUSE HUNTING TRIP WILL NOT BE AUTHORIZED WHEN THE DISTANCE BETWEEN THE OLD AND NEW STATIONS IS LESS THAN 75 MILES.

IT APPEARS THAT MR. DAVIS ACCOMPANIED BY HIS FAMILY TRAVELED TO PORTLAND ON JUNE 28 AND 29 FOR THE PURPOSE OF LOOKING FOR A RESIDENCE. HE SPENT THESE TWO NIGHTS IN A MOTEL AND REPORTED FOR DUTY ON JUNE 30, 1969, AND HIS FAMILY APPARENTLY RETURNED TO TILLAMOOK. THERE IS AN INDICATION THAT DURING THE NEXT 30 DAYS MR. DAVIS COMMUTED TO WORK WITH THE EXCEPTION OF 4 DAYS SPENT IN A MOTEL IN PORTLAND.

YOU DENIED MR. DAVIS' CLAIM FOR REIMBURSEMENT OF HIS TEMPORARY QUARTERS ALLOWANCE ON THE GROUND THAT HE AND HIS FAMILY WERE NOT OCCUPYING TEMPORARY QUARTERS. ALSO YOU SUSPENDED ANY ALLOWANCE FOR TRANSPORTATION OF HOUSEHOLD EFFECTS UNTIL FURTHER EVIDENCE BE SUBMITTED AS TO THE WEIGHT THEREOF.

WE AGREE WITH YOUR ORIGINAL DETERMINATION THAT MR. DAVIS AND HIS FAMILY WERE NOT OCCUPYING TEMPORARY QUARTERS WITHIN THE MEANING OF SECTION 2.5 OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-56, REVISED JUNE 26, 1969. THIS IS SO BECAUSE NEITHER THE EMPLOYEE NOR HIS FAMILY IS TO BE REGARDED AS HAVING VACATED THEIR PERMANENT QUARTERS AS REQUIRED BY SUCH REGULATIONS.

AS PREVIOUSLY NOTED MR. DAVIS APPARENTLY COMMUTED FROM TILLAMOOK TO PORTLAND FOR MOST OF THE PERIOD INVOLVED. WE ASSUME THE PERMANENT QUARTERS IN TILLAMOOK WERE NOT VACATED UNTIL ANOTHER PERMANENT RESIDENCE WAS LOCATED IN FOREST GROVE, OREGON (ABOUT 23 MILES FROM PORTLAND). THEREFORE, THIS PORTION OF THE CLAIM MAY NOT BE ALLOWED.

AS TO THE TRANSPORTATION OF HOUSEHOLD GOODS AND PERSONAL EFFECTS, THE RECORD SHOWS THAT MR. DAVIS RENTED A VAN AND MOVED THE GOODS HIMSELF. STATES THAT THE WEIGHING STATIONS EN ROUTE WERE CLOSED AT THE TIME OF HIS MOVE AND HE WAS UNABLE TO WEIGH THE SHIPMENT AND OBTAIN WEIGHT RECEIPTS AS REQUIRED BY SECTION 6.4(D)(3) OF CIRCULAR NO. A-56. HOWEVER, HE SUBSEQUENTLY DID OBTAIN AN ESTIMATE OF THE WEIGHT OF THE EFFECTS FROM A MOVING COMPANY IN FOREST GROVE, OREGON, DATED DECEMBER 18, 1969, WHICH APPARENTLY WAS SOME MONTHS AFTER THE EFFECTS HAD BEEN MOVED TO THAT LOCATION.

SINCE YOU HAVE NOT POSED ANY QUESTION IN REGARD TO THE EMPLOYEE'S ENTITLEMENT TO REIMBURSEMENT OR PAYMENT INCIDENT TO THE MOVEMENT OF THE HOUSEHOLD EFFECTS, WE MAKE NO DETERMINATION IN REGARD THERETO. HOWEVER, WE ENCLOSE A COPY OF OUR DECISION OF AUGUST 7, 1969, B-166913, WHICH MAY BE HELPFUL TO YOU IN THE MATTER.

THE VOUCHER IS RETURNED HEREWITH AND NO PART THEREOF MAY BE CERTIFIED FOR PAYMENT ON THE BASIS OF THE PRESENT RECORD.