B-177842, MAR 27, 1973

B-177842, MAR 27, 1973

CIVILIAN PAY - TEMPORARY QUARTERS ALLOWANCE - PRIOR CLAIM MISTAKENLY FILED DECISION ALLOWING THE CLAIM OF WILLIAM C. DUNNING, AN EMPLOYEE OF THE SOIL CONSERVATION SERVICE, FOR A TEMPORARY QUARTERS ALLOWANCE FOR HIMSELF AND HIS FAMILY INCIDENT TO HIS TRANSFER FROM MINDEN TO LAS VEGAS, NEV. SINCE MR. DUNNING'S FIRST CLAIM FOR TEMPORARY QUARTERS ALLOWANCE FOR HIMSELF ALONE WAS FILED UNDER A MISUNDERSTANDING OF THE APPLICABLE REGULATIONS AND SINCE THIS CLAIM FOR TEMPORARY QUARTERS FOR HIMSELF AND HIS FAMILY WAS FOR A PERIOD THAT BEGAN NOT LATER THAN 30 DAYS AFTER HIS FAMILY VACATED THEIR RESIDENCE AT THE OLD STATION, OMB CIRCULAR, NO. A 56, SECTION 8.2(F), THIS CLAIM MAY BE ALLOWED AS LONG AS IT IS REDUCED BY THE AMOUNT PAID THE EMPLOYEE UNDER THE PRIOR CLAIM. SEE 48 COMP. GEN. 118 (1968).

TO MR. REXFORD E. RENFROW:

WE REFER TO YOUR LETTER DATED JANUARY 17, 1973, IN WHICH YOU REQUEST AN ADVANCE DECISION AS TO WHETHER YOU MAY CERTIFY FOR PAYMENT A VOUCHER COVERING A TEMPORARY QUARTERS ALLOWANCE FOR A SOIL CONSERVATION SERVICE EMPLOYEE.

YOU STATE THAT WILLIAM L. DUNNING WAS AUTHORIZED UNDER TRAVEL AUTHORIZATION 27-73, DATED AUGUST 29, 1972, TO TRAVEL TO LAS VEGAS, NEVADA, HIS NEW DUTY STATION, WHERE HE REPORTED TO DUTY ON SEPTEMBER 5, 1972. ON OCTOBER 10, 1972, MR. DUNNING IN CONNECTION WITH THE TRANSFER SUBMITTED A TRAVEL VOUCHER FOR TRAVEL PERFORMED BETWEEN MINDEN, NEVADA, HIS OLD OFFICIAL STATION AND LAS VEGAS AND FOR A SUBSISTENCE ALLOWANCE WHILE OCCUPYING TEMPORARY QUARTERS, IN THE AMOUNT OF $406.30, FOR HIMSELF ALONE FOR 30 DAYS DURING THE PERIOD BETWEEN SEPTEMBER 4 AND OCTOBER 6, 1972. ON NOVEMBER 2, 1972, MR. DUNNING'S WIFE AND TWO CHILDREN JOINED HIM AT THE TEMPORARY QUARTERS IN LAS VEGAS. HE FILED A CLAIM ON DECEMBER 12, 1972, FOR, AMONG OTHER THINGS, A SUBSISTENCE ALLOWANCE FOR TEMPORARY QUARTERS IN THE AMOUNT OF $1,159.90 FOR THE PERIOD BETWEEN NOVEMBER 2 AND DECEMBER 1, 1972. BECAUSE THE SOIL CONSERVATION SERVICE HAD ALREADY PAID MR. DUNNING A SUBSISTENCE ALLOWANCE FOR 30 DAYS THIS LATER CLAIM WAS NOT ALLOWED.

MR. DUNNING STATES THAT HE MISUNDERSTOOD THE APPLICABLE REGULATIONS CONCERNING SUBSISTENCE ALLOWANCES FOR TEMPORARY QUARTERS AND SHOULD NOT HAVE FILED HIS CLAIM FOR SUCH UNTIL HIS WIFE AND CHILDREN JOINED HIM AT THE NEW STATION. HE ASKS THAT HE BE PAID AN ALLOWANCE FOR THE LATER 30 DAY PERIOD AND THAT THE AMOUNT HE HAS ALREADY RECEIVED FOR SUBSISTENCE ALLOWANCE FOR TEMPORARY QUARTERS BE SUBTRACTED FROM THE PAYMENT.

THE APPLICABLE REGULATIONS ARE CONTAINED IN SECTION 8 OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-56, REVISED AUGUST 17, 1971. SUBSECTION 8.2(A) THEREOF PERMITS A SUBSISTENCE ALLOWANCE FOR TEMPORARY QUARTERS FOR A PERIOD OF NOT MORE THAN 30 CONSECUTIVE DAYS, WITH INTERRUPTIONS IN SUCH A PERIOD PERMITTED ONLY FOR TRAVEL TIME BETWEEN OLD AND NEW OFFICIAL STATIONS, AND FOR PERIODS WHEN SUCH QUARTERS ARE NOT OCCUPIED FOR REASONS ATTRIBUTABLE TO OFFICIAL NECESSITY AS IN THE CASE OF TEMPORARY DUTY ASSIGNMENTS. SUBSECTION 8.2(E) PROVIDES THAT THIS PERIOD MUST BEGIN NOT LATER THAN 30 DAYS AFTER THE EMPLOYEE REPORTS FOR DUTY AT HIS NEW STATION OR IF NOT BEGUN DURING THIS PERIOD THEN NOT LATER THAN 30 DAYS AFTER HIS FAMILY VACATES THE RESIDENCE AT THE OLD STATION. SUBSECTION 8.2(F) PROVIDES IN PART THAT:

F. COMPUTATION OF 30 OR 60 DAYS ALLOWABLE. 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. ***

IT IS CLEAR THAT HAD MR. DUNNING NOT FILED HIS CLAIM FOR REIMBURSEMENT BASED ON THE PERIOD BETWEEN SEPTEMBER 4 AND OCTOBER 6 HE WOULD HAVE HAD THE OPTION OF WAITING UNTIL NOT LATER THAN 30 DAYS AFTER HIS FAMILY VACATED THEIR RESIDENCE AT THE OLD STATION BEFORE COMMENCING THE 30-DAY PERIOD FOR WHICH REIMBURSEMENT MAY BE CLAIMED. BECAUSE HIS FAMILY VACATED THEIR RESIDENCE AT THE OLD OFFICIAL STATION ON NOVEMBER 2 HIS CLAIM AS FILED ON DECEMBER 12 WHICH COVERS REIMBURSEMENT FOR TEMPORARY QUARTERS BETWEEN NOVEMBER 2 AND DECEMBER 1 COMES WITHIN THE APPLICABLE TIME LIMIT.

SINCE MR. DUNNING'S FIRST CLAIM WAS FILED UNDER A MISUNDERSTANDING OF THE APPLICABLE REGULATIONS WE HAVE NO OBJECTION TO REIMBURSEMENT BEING MADE TO HIM BASED ON HIS DECEMBER 12 CLAIM FOR A SUBSISTENCE ALLOWANCE FOR TEMPORARY QUARTERS, AS LONG AS THE ALLOWABLE AMOUNT IS REDUCED BY THE AMOUNT PREVIOUSLY REIMBURSED FOR TEMPORARY QUARTERS FOR THE EMPLOYEE ALONE. COMPARE 48 COMP. GEN. 118 (1968); B-169247, APRIL 2, 1970, COPY ENCLOSED.

THEREFORE, THE VOUCHER, WHICH IS RETURNED HEREWITH TOGETHER WITH SUPPORTING PAPERS, MAY BE CERTIFIED FOR PAYMENT IN ACCORDANCE WITH THE ABOVE, IF OTHERWISE CORRECT.