B-174971, FEB 28, 1972

B-174971: Feb 28, 1972

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HAS CONSISTENTLY HELD THAT THE TEMPORARY OR PERMANENT STATUS OF A RESIDENCE IS DETERMINED BY THE INTENT OF THE EMPLOYEE. ENGLUND WAS AWARE THAT THE RENTED QUARTERS WOULD SHORTLY BECOME HIS PERMANENT RESIDENCE. NO TEMPORARY QUARTERS ALLOWANCE IS PAYABLE UNDER THE PROVISIONS OF SECTION 2.5(B)(6). ENGLUND: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 5. YOU WERE TRANSFERRED ON A PERMANENT CHANGE OF STATION FROM WADENA AIR FORCE STATION. THAT YOUR DUTY REPORTING DATE AT THE NEW STATION WAS JUNE 11. YOU WERE AUTHORIZED. YOU WERE TO CLOSE THE PURCHASE WITHIN 8 DAYS FROM THE DATE THEREOF AND TO TAKE POSSESSION OF THE PREMISES ON JULY 20. YOU WERE PAID FOR THE PERIOD FROM JUNE 11. WHEN YOU STATE THAT YOU TOOK POSSESSION OF THE PREMISES WAS ADMINISTRATIVELY DISALLOWED BY YOUR OFFICE AND BY OUR CLAIMS DIVISION ON THE GROUND THAT THE PREMISES WHICH YOU OCCUPIED ON JUNE 28.

B-174971, FEB 28, 1972

CIVILIAN EMPLOYEE - TEMPORARY QUARTERS ALLOWANCE - ENTITLEMENT DECISION AFFIRMING PRIOR DENIAL OF A CLAIM OF CARL H. ENGLUND FOR ADDITIONAL TEMPORARY QUARTERS SUBSISTENCE INCIDENT TO HIS PERMANENT CHANGE OF STATION AS AN EMPLOYEE OF THE AIR FORCE. THE COMP. GEN. HAS CONSISTENTLY HELD THAT THE TEMPORARY OR PERMANENT STATUS OF A RESIDENCE IS DETERMINED BY THE INTENT OF THE EMPLOYEE, REGARDLESS OF PRIOR PAYMENT OF RENT OR SPARSITY OF FURNISHINGS. B 170056, JULY 29, 1970. SINCE MR. ENGLUND WAS AWARE THAT THE RENTED QUARTERS WOULD SHORTLY BECOME HIS PERMANENT RESIDENCE, NO TEMPORARY QUARTERS ALLOWANCE IS PAYABLE UNDER THE PROVISIONS OF SECTION 2.5(B)(6), BUREAU OF THE BUDGET CIRCULAR NO. A-56. ACCORDINGLY, THE PRIOR DENIAL OF THIS CLAIM MUST BE SUSTAINED.

TO MR. CARL H. ENGLUND:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 5, 1971, WHEREIN YOU APPEAL THE SETTLEMENT BY OUR CLAIMS DIVISION OF JUNE 3, 1971, WHICH DISALLOWED YOUR CLAIM FOR A PORTION OF YOUR TEMPORARY QUARTERS SUBSISTENCE ALLOWANCE ARISING UNDER THE FOLLOWING CIRCUMSTANCES.

THE RECORD SHOWS THAT BY TRAVEL ORDER NO. AB-838, DATED APRIL 23, 1970, YOU WERE TRANSFERRED ON A PERMANENT CHANGE OF STATION FROM WADENA AIR FORCE STATION, MINNESOTA, TO 4600 AB WING, ENT AIR FORCE BASE, COLORADO, AND THAT YOUR DUTY REPORTING DATE AT THE NEW STATION WAS JUNE 11, 1970. YOU WERE AUTHORIZED, AMONG OTHER THINGS, REIMBURSEMENT FOR TEMPORARY QUARTERS SUBSISTENCE EXPENSES OUT OF WHICH THIS CLAIM AROSE.

THE RECORD ALSO SHOWS THAT YOU ACTUALLY REPORTED FOR DUTY ON JUNE 11, 1970, AT YOUR NEW OFFICIAL STATION AND THAT ON JUNE 23, 1970, YOU CONTRACTED FOR THE PURCHASE OF A RESIDENCE IN COLORADO SPRINGS, COLORADO. ACCORDING TO THE TERMS OF THE CONTRACT, YOU WERE TO CLOSE THE PURCHASE WITHIN 8 DAYS FROM THE DATE THEREOF AND TO TAKE POSSESSION OF THE PREMISES ON JULY 20, 1970.

THE RECORD FURTHER SHOWS THAT YOU MOVED INTO YOUR RESIDENCE ON JUNE 28, 1970, AND THAT YOU PAID $100 RENT FROM JUNE 28 TO JULY 12, 1970, TO MR. PAUL FREEMAN WHO STILL HAD RIGHT TO POSSESSION OF YOUR RESIDENCE. YOU STATE THAT YOU ACTUALLY TOOK POSSESSION OF THE PREMISES ON JULY 10, 1970.

UPON FILING CLAIM FOR REIMBURSEMENT FOR TEMPORARY QUARTERS SUBSISTENCE ALLOWANCE, YOU WERE PAID FOR THE PERIOD FROM JUNE 11, 1970, THROUGH JUNE 27, 1970, WHEN YOU MOVED INTO YOUR RESIDENCE.

YOUR CLAIM FOR TEMPORARY QUARTERS SUBSISTENCE ALLOWANCE IN THE AMOUNT OF $312.46 FOR THE PERIOD FROM JUNE 28, 1970, THROUGH JULY 10, 1970, WHEN YOU STATE THAT YOU TOOK POSSESSION OF THE PREMISES WAS ADMINISTRATIVELY DISALLOWED BY YOUR OFFICE AND BY OUR CLAIMS DIVISION ON THE GROUND THAT THE PREMISES WHICH YOU OCCUPIED ON JUNE 28, 1970, WERE YOUR PERMANENT RESIDENCE QUARTERS FOR WHICH NO TEMPORARY QUARTERS ALLOWANCE IS PAYABLE UNDER THE APPLICABLE REGULATION. SEE SECTION 2.5(B)(6), BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED JUNE 26, 1969.

ON APPEAL YOU MAINTAIN THAT EVEN THOUGH THE PREMISES BECAME YOUR PERMANENT QUARTERS AFTER JULY 10, 1970, THEY SHOULD BE CONSIDERED AS TEMPORARY QUARTERS UP TO THAT DATE AND YOU SHOULD BE ENTITLED TO THAT ALLOWANCE BECAUSE YOU PAID RENT FOR THE PERIOD INVOLVED AND BECAUSE THE PORTION OF THE HOUSE TO WHICH YOU MOVED, NAMELY THE BASEMENT, WAS NOT FINISHED AND WAS UNFURNISHED. YOU ALSO STATE THAT THE FREEMANS OCCUPIED THE REST OF THE RESIDENCE.

THIS OFFICE HAS CONSISTENTLY HELD THAT THE DETERMINATION OF THE TYPE OR RESIDENCE OCCUPIED, I.E., TEMPORARY OR PERMANENT, IS BASED ON THE INTENT OF THE EMPLOYEE AT THE TIME HE OR A MEMBER OF HIS FAMILY MOVES INTO QUARTERS WHICH LATER BECOME HIS PERMANENT RESIDENCE. THE FACT THAT HE IS PAYING RENT BEFORE HE STARTS MAKING HIS MORTGAGE PAYMENT IS IMMATERIAL. SO IS THE SPARSITY OF THE FURNISHINGS OF THE PREMISES. SEE B-160904, MARCH 7, 1967; B-166729, JUNE 24, 1969; AND B-170056, JULY 29, 1970, COPIES ENCLOSED.

IN YOUR CASE THE RESIDENCE WHICH YOU PURCHASED WAS TO BECOME YOUR PERMANENT RESIDENCE AND WHEN YOU MOVED INTO IT, ALBEIT WITH SPARSE FURNISHINGS, ON JUNE 28, 1970, YOU ARE DEEMED TO HAVE MOVED INTO A PERMANENT TYPE RESIDENCE WHICH UNDER THE GOVERNING REGULATIONS DISCONTINUES YOUR ENTITLEMENT TO THE TEMPORARY QUARTERS SUBSISTENCE ALLOWANCE.

ACCORDINGLY, THE SETTLEMENT BY OUR CLAIMS DIVISION IS HEREBY SUSTAINED AND YOUR CLAIM IS DISALLOWED.

WE ARE ENCLOSING COPIES OF DOCUMENTS WHICH YOU HAVE PREVIOUSLY SUBMITTED AND WHICH YOU HAVE REQUESTED TO BE RETURNED.