B-173595, SEP 17, 1971

B-173595: Sep 17, 1971

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THE ALLOWANCE IS CLAIMED FOR A TIME WHEN HIS WIFE RETURNED TO GALVESTON TO ARRANGE FOR THE SHIPMENT OF THEIR HOUSEHOLD GOODS. NO REIMBURSEMENT MAY BE ALLOWED UNTIL THE EMPLOYEE AND/OR MEMBERS OF HIS FAMILY HAVE VACATED THEIR FORMER RESIDENCE. WAS TRANSFERRED FROM GALVESTON. THE HOUSEHOLD EFFECTS WERE MOVED INTO THE NEW RESIDENCE ON SEPTEMBER 10. THE CLAIM FOR THE TEMPORARY SUBSISTENCE AND QUARTERS ALLOWANCE FOR THE WIFE WAS DISALLOWED ON THE GROUND THAT SINCE SHE RETURNED TO HER FORMER RESIDENCE AT GALVESTON IT WAS NOT CONSIDERED THAT SHE HAD VACATED THE OLD RESIDENCE. PROVIDES 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.".

B-173595, SEP 17, 1971

CIVILIAN EMPLOYEE - CHANGE OF STATION - TEMPORARY QUARTERS ADVISING THAT MR. JOHN A. BRIGANCE MAY NOT BE REIMBURSED FOR AN AMOUNT REPRESENTING TEMPORARY SUBSISTENCE AND QUARTERS ALLOWANCE FOR HIS WIFE, INCURRED INCIDENT TO HIS TRANSFER FROM GALVESTON TO DALLAS, TEXAS. THE ALLOWANCE IS CLAIMED FOR A TIME WHEN HIS WIFE RETURNED TO GALVESTON TO ARRANGE FOR THE SHIPMENT OF THEIR HOUSEHOLD GOODS. UNDER SECTION 2.5B(3), OMB CIR. NO. A-56, NO REIMBURSEMENT MAY BE ALLOWED UNTIL THE EMPLOYEE AND/OR MEMBERS OF HIS FAMILY HAVE VACATED THEIR FORMER RESIDENCE; THE WIFE'S CLAIM MUST BE DISALLOWED BECAUSE SHE CAN NOT BE REGARDED AS HAVING VACATED THE OLD RESIDENCE WHILE SHE STAYED THERE TO ARRANGE FOR THE SHIPMENT OF THE HOUSEHOLD GOODS.

TO MR. J. H. LYLE:

THIS REFERS TO YOUR LETTER OF MAY 3, 1971, WITH ENCLOSURES, REFERENCE SWFDC-F, FORWARDED HERE BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE ON JULY 12, 1971, PDTATAC CONTROL NO. 71-27, FOR AN ADVANCE DECISION WHETHER PAYMENT MAY BE MADE ON THE RECLAIM VOUCHER IN FAVOR OF MR. JOHN A. BRIGANCE FOR $87.25 REPRESENTING TEMPORARY SUBSISTENCE AND QUARTERS ALLOWANCE FOR HIS WIFE.

THE INFORMATION FURNISHED SHOWS THAT MR. BRIGANCE, AN EMPLOYEE OF THE CORPS OF ENGINEERS, WAS TRANSFERRED FROM GALVESTON, TEXAS, TO DALLAS, TEXAS, AND ARRIVED IN DALLAS ON JULY 27, 1970. HIS WIFE JOINED HIM JULY 30, 1970, AND AFTER LOCATING A PLACE TO LIVE SHE RETURNED TO DALLAS ON AUGUST 5, 1970, TO ARRANGE FOR THE SHIPMENT OF THEIR HOUSEHOLD EFFECTS. SHE CONTINUED TO RESIDE IN THE OLD RESIDENCE UNTIL SEPTEMBER 9, THE DATE OF DEPARTURE FOR THE NEW STATION. THE HOUSEHOLD EFFECTS WERE MOVED INTO THE NEW RESIDENCE ON SEPTEMBER 10. THE CLAIM FOR THE TEMPORARY SUBSISTENCE AND QUARTERS ALLOWANCE FOR THE WIFE WAS DISALLOWED ON THE GROUND THAT SINCE SHE RETURNED TO HER FORMER RESIDENCE AT GALVESTON IT WAS NOT CONSIDERED THAT SHE HAD VACATED THE OLD RESIDENCE.

SECTION 2.5B(3) OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-56, REVISED JUNE 26, 1969, PROVIDES 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."

IT IS CLEAR FROM THE RECORD THAT THE OLD RESIDENCE WAS NOT IN FACT VACATED UNTIL SEPTEMBER 9, 1970. HENCE, THERE IS NO BASIS UNDER THE QUOTED REGULATION TO AUTHORIZE PAYMENT AS CLAIMED FOR TEMPORARY SUBSISTENCE AND QUARTERS ALLOWANCE FOR MRS. BRIGANCE. NEITHER IS THERE AUTHORITY FOR REIMBURSEMENT ON THE BASIS OF A HOUSE HUNTING TRIP SINCE THE TRAVEL ORDER SPECIFIED THAT SUCH EXPENSES WERE NOT AUTHORIZED.

THEREFORE, THE VOUCHER IS RETAINED IN OUR FILES.