B-182107, FEB 4, 1975

B-182107, FEB 4, 1975

EMPLOYEE, INCIDENT TO TRANSFER TO NEW OFFICIAL STATION, MOVED WITH HIS SON TO APARTMENT ON FEBRUARY 2, 1974, MOVED HIS HOUSEHOLD EFFECTS INTO APARTMENT ON MARCH 3, 1974, AND SUBSEQUENTLY REMARRIED AND VACATED SUBJECT APARTMENT. EMPLOYEE IS NOT ENTITLED TO TEMPORARY QUARTERS ALLOWANCE WHILE OCCUPYING SUCH APARTMENT SINCE RECORD SHOWS NO INTENT THAT SUCH APARTMENT WAS TO BE OCCUPIED ON OTHER THAN PERMANENT BASIS AND EMPLOYEE HAS DECLINED REQUEST TO PROVIDE FURTHER INFORMATION TO SHOW INTENT TO OCCUPY ON TEMPORARY BASIS.

WILLIE F. EASTERWOOD - TEMPORARY QUARTERS ALLOWANCE:

WE HAVE BEEN ASKED BY THE ACCOUNTING AND FINANCE OFFICER, DEFENSE SUPPLY AGENCY, DEFENSE DEPOT MEMPHIS, FOR AN ADVANCE DECISION AS TO THE PROPRIETY OF PAYING A RECLAIM VOUCHER OF MR. WILLIE F. EASTERWOOD FOR TEMPORARY QUARTERS ALLOWANCE INCIDENT TO HIS PERMANENT CHANGE OF STATION FROM ATLANTA ARMY DEPOT, FOREST PARK, GEORGIA, TO DEFENSE DEPOT MEMPHIS, MEMPHIS, TENNESSEE.

TRAVEL ORDERS WERE ISSUED TO MR. EASTERWOOD REQUIRING HIM TO REPORT TO HIS NEW STATION ON JANUARY 3, 1974. DUE TO THE ILLNESS OF HIS WIFE, HE REQUESTED AND RECEIVED A 30 DAY DELAY IN HIS REPORTING DATE. ON JANUARY 16, 1974, HE TRAVELED TO MEMPHIS AND RENTED AN APARTMENT LOCATED AT 4587 TURTLE CREEK CIRCLE IN MEMPHIS TO WHICH HE INTENDED TO MOVE HIS FURNITURE ON FEBRUARY 1. THE RECORD DOES NOT INDICATE THE PERIOD OF THE LEASE. FEBRUARY 2 MR. EASTERWOOD AND HIS SON MOVED INTO THIS APARTMENT. MRS. EASTERWOOD DID NOT MOVE TO MEMPHIS BECAUSE OF AN ILLNESS FROM WHICH SHE DIED ON FEBRUARY 3. BY USE OF HIS OWN AND A RENTED TRUCK MR. EASTERWOOD MOVED HIS HOUSEHOLD EFFECTS FROM HIS GEORGIA RESIDENCE TO THE APARTMENT, COMPLETING THE MOVE ON MARCH 3. HE OCCUPIED THAT APARTMENT UNTIL APRIL 29, 1974, WHEN HE MOVED TO HIS CURRENT RESIDENCE AT 3365 WEST ROSITA CIRCLE WHICH HE CONSIDERS HIS PERMANENT HOME. THIS NEW RESIDENCE IS THAT FORMERLY, AND CURRENTLY, OCCUPIED BY HIS NEW WIFE. MR. EASTERWOOD'S CLAIM FOR TEMPORARY QUARTERS ALLOWANCE WAS DISALLOWED BY HIS AGENCY AND HE SUBMITTED A RECLAIM VOUCHER.

THE ACCOUNTING AND FINANCE OFFICER OF DEFENSE DEPOT MEMPHIS REQUESTED BY LETTER ADDITIONAL INFORMATION FROM MR. EASTERWOOD IN SUPPORT OF HIS CLAIM. HE REPORTS THAT IN RESPONDING THERETO MR. EASTERWOOD VERBALLY INDICATED THAT THE GOVERNMENT WAS INQUIRING TOO MUCH INTO HIS PERSONAL LIFE AND THAT HE CONSIDERED THAT HE HAD ALREADY SUPPLIED ALL THE INFORMATION NEEDED FOR CONSIDERATION OF HIS CLAIM. THE ACCOUNTING AND FINANCE OFFICER RECOMMENDS THAT PAYMENT OF TEMPORARY QUARTERS ALLOWANCE NOT BE APPROVED BECAUSE, IN HIS OPINION, HAD HE NOT REMARRIED, MR. EASTERWOOD WOULD HAVE CONTINUED TO OCCUPY THE TURTLE CREEK APARTMENT INDEFINITELY AND NEVER REALLY INTENDED HIS OCCUPANCY TO BE TEMPORARY.

WE HAVE HELD THAT A DETERMINATION AS TO WHAT CONSTITUTES "TEMPORARY QUARTERS" IS NOT SUSCEPTIBLE OF ANY PRECISE DEFINITION AND, THEREFORE, EACH CASE MUST BE DECIDED ON THE BASIS OF THE PARTICULAR FACTS INVOLVED. SEE 47 COMP. GEN. 84 (1967); B-162239, AUGUST 28, 1967; AND B-173326, OCTOBER 27, 1971. THE DURATION OF THE LEASE, THE MOVEMENT OF HOUSEHOLD EFFECTS INTO THE QUARTERS, THE TYPE OF QUARTERS, ANY EXPRESSIONS OF INTENT AND THE PERIOD OF OCCUPANCY ARE EXAMPLES OF THE TYPES OF FACTORS TO BE CONSIDERED IN DETERMINING WHETHER THE QUARTERS OCCUPIED ARE TEMPORARY IN NATURE. AN EMPLOYEE MAY NOT BE REIMBURSED FOR TEMPORARY QUARTERS AND SUBSISTENCE EXPENSES AFTER HE OCCUPIES THE RESIDENCE IN WHICH HE PLANS TO REMAIN. SEE 53 COMP. GEN. 508 (1974).

IN THE INSTANT SITUATION MR. EASTERWOOD AND HIS SON MOVED INTO THE TURTLE CREEK APARTMENTS ON FEBRUARY 2 AND COMPLETED MOVING THEIR HOUSEHOLD EFFECTS THEREIN ON MARCH 3, 1974. MR. EASTERWOOD REMAINED IN THAT APARTMENT FOR NEARLY 3 MONTHS (FEBRUARY 2 TO APRIL 29, 1974) AND MOVED THEREFROM ONLY UPON REMARRIAGE. THERE IS NOTHING IN THE RECORD WHICH INDICATES THAT MR. EASTERWOOD HAD INTENDED TO RENT THAT APARTMENT ON A TEMPORARY BASIS, THAT HE DID NOT PLAN TO MAKE IT HIS PERMANENT RESIDENCE, AND THAT HE WOULD NOT HAVE REMAINED IN THAT APARTMENT HAD IT NOT BEEN FOR HIS REMARRIAGE. MOREOVER, MR. EASTERWOOD HAS DECLINED TO SUPPLY THE ADDITIONAL INFORMATION REQUESTED WHICH MIGHT HAVE PUT A DIFFERENT LIGHT ON HIS MOVE TO, AND ALMOST 3 MONTH STAY IN, THE TURTLE CREEK CIRCLE APARTMENT. UNDER SUCH CIRCUMSTANCES WE ARE UNABLE TO FIND AN INTENT ON THE PART OF MR. EASTERWOOD TO OCCUPY THE LEASED APARTMENT ON A TEMPORARY BASIS ONLY AND WE HAVE NO BASIS UPON WHICH TO DISAGREE WITH THE AGENCY'S CONCLUSION THAT THAT APARTMENT CONSTITUTED HIS PERMANENT RESIDENCE.

ACCORDINGLY, ON THE RECORD BEFORE US THE AGENCY'S DISALLOWANCE OF MR. EASTERWOOD'S CLAIM FOR TEMPORARY QUARTERS ALLOWANCE IS SUSTAINED AND HIS RECLAIM VOUCHER, WHICH IS RETAINED HERE, MAY NOT BE PAID.