B-182617, FEB 4, 1975

B-182617: Feb 4, 1975

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EMPLOYEE WHOSE DUTY STATION IS CHANGED TO ONE APPROXIMATELY 76 MILES FROM OLD DUTY STATION AND WHO RESIDES IN TEMPORARY QUARTERS OF NEW STATION. THE EMPLOYEE BEING CONSIDERED TO HAVE VACATED HIS PERMANENT RESIDENCE AT OLD DUTY STATION PRIOR TO TIME OF HIS HAVING OCCUPIED THE TEMPORARY QUARTERS. 2. EMPLOYEE IS ENTITLED TO MILEAGE FOR THE USE OF TWO PRIVATELY OWNED VEHICLES SINCE THE USE OF MORE THAN ONE PRIVATELY OWNED VEHICLE HAS BEEN PROPERLY JUSTIFIED UNDER THE REGULATIONS WHEN THE SEPARATE TRAVEL RESULTED FROM DELAY ON COMPLETION OF A NEW RESIDENCE. USE OF MORE THAN ONE PRIVATELY OWNED VEHICLE: THIS ACTION IS TAKEN PURSUANT TO A REQUEST FOR A DECISION AS TO WHETHER (1) REIMBURSEMENT FOR TEMPORARY QUARTERS IS PROPER INCIDENT TO A TRANSFER OF STATION OF DR.

B-182617, FEB 4, 1975

1. EMPLOYEE WHOSE DUTY STATION IS CHANGED TO ONE APPROXIMATELY 76 MILES FROM OLD DUTY STATION AND WHO RESIDES IN TEMPORARY QUARTERS OF NEW STATION, BUT WHO RETURNS TEMPORARILY TO OLD DUTY STATION TO BE NEAR HIS ILL MOTHER AND WHO COMMUTES FROM OLD DUTY STATION LESS THAN 11 OF THE 45 WORK DAYS MAY BE GRANTED REIMBURSEMENT FOR SUBSISTENCE WHILE IN TEMPORARY QUARTERS, THE EMPLOYEE BEING CONSIDERED TO HAVE VACATED HIS PERMANENT RESIDENCE AT OLD DUTY STATION PRIOR TO TIME OF HIS HAVING OCCUPIED THE TEMPORARY QUARTERS. 2. EMPLOYEE IS ENTITLED TO MILEAGE FOR THE USE OF TWO PRIVATELY OWNED VEHICLES SINCE THE USE OF MORE THAN ONE PRIVATELY OWNED VEHICLE HAS BEEN PROPERLY JUSTIFIED UNDER THE REGULATIONS WHEN THE SEPARATE TRAVEL RESULTED FROM DELAY ON COMPLETION OF A NEW RESIDENCE, ASSISTANCE BY WIFE TO MOVERS AT NEW STATION, AND DEATH OF EMPLOYEE'S MOTHER.

DR. CHARLES O. GALLINA - WHAT CONSTITUTES TEMPORARY QUARTERS; USE OF MORE THAN ONE PRIVATELY OWNED VEHICLE:

THIS ACTION IS TAKEN PURSUANT TO A REQUEST FOR A DECISION AS TO WHETHER (1) REIMBURSEMENT FOR TEMPORARY QUARTERS IS PROPER INCIDENT TO A TRANSFER OF STATION OF DR. GALLINA, AN EMPLOYEE OF THE ATOMIC ENERGY COMMISSION (AEC), AND (2) WHETHER REIMBURSEMENT FOR TWO PRIVATELY OWNED AUTOMOBILES FOR TRAVEL FROM THE OLD DUTY STATION TO THE NEW DUTY STATION IS PROPER.

THE RECORD INDICATES THAT A CHANGE OF STATION TRAVEL AUTHORIZATION WAS ISSUED MAY 4, 1973, AUTHORIZING DR. GALLINA'S TRANSFER FROM NEWARK, NEW JERSEY, TO KING OF PRUSSIA, PENNSYLVANIA. DR. GALLINA REPORTED FOR DUTY AT HIS NEW STATION ON JUNE 18, 1973. HE OCCUPIED TEMPORARY QUARTERS AT THE NEW DUTY STATION AND CLAIMED REIMBURSEMENT FOR HIMSELF FOR THE PERIOD JULY 1, 1973, TO AUGUST 3, 1973. THE ORIGINAL VOUCHER FURTHER INDICATES THAT ON SEPTEMBER 21, 1973, DR. GALLINA MOVED BACK TO HIS PERMANENT RESIDENCE IN NEW BRUNSWICK, NEW JERSEY. DR. GALLINA ALSO SUBMITTED A VOUCHER FOR HIS TRAVEL BY AUTOMOBILE ON NOVEMBER 18, 1973, FROM THE OLD DUTY STATION TO THE NEW DUTY STATION AND FOR TRAVEL FOR HIS WIFE TO THE NEW DUTY STATION ON NOVEMBER 14, 1973.

THE AGENCY DENIED REIMBURSEMENT FOR THE TEMPORARY QUARTERS IN ACCORDANCE WITH SECTION 2-5.2C OF THE FEDERAL TRAVEL REGULATIONS (FTR) SINCE IT FELT THAT BY MOVING BACK TO NEW BRUNSWICK, NEW JERSEY, DR. GALLINA HAD NOT VACATED THE RESIDENCE QUARTERS IN WHICH HE WAS RESIDING AT THE TIME THE TRANSFER WAS AUTHORIZED. FURTHER, DR. GALLINA'S CLAIM FOR REIMBURSEMENT FOR TWO PRIVATELY OWNED AUTOMOBILES WAS DENIED. HE WAS ADVISED THAT REIMBURSEMENT WOULD BE LIMITED TO THE USE OF ONE PRIVATELY OWNED AUTOMOBILE AS AUTHORIZED IN ACCORDANCE WITH FTR 2 2.3E(3).

SECTION 2-5.2C OF THE FTR DEFINES THE TERM TEMPORARY QUARTERS AS "ANY LODGING OBTAINED FROM PRIVATE OR COMMERCIAL SOURCES TO BE OCCUPIED TEMPORARILY BY THE EMPLOYEE OR MEMBERS OF HIS IMMEDIATE FAMILY WHO HAVE VACATED THE RESIDENCE QUARTERS IN WHICH THEY WERE RESIDING AT THE TIME THE TRANSFER WAS AUTHORIZED."

IN HIS STATEMENT DESCRIBING THE CIRCUMSTANCES SURROUNDING THE OCCUPANCY OF TEMPORARY QUARTERS, DR. GALLINA DESCRIBES HIS COSTS AS APPROXIMATELY $19 PER DAY. DR. GALLINA STATES THAT HE CLAIMED TEMPORARY QUARTERS AS OF JULY 1, 1973, AND VACATED HIS PERMANENT RESIDENCE IN NEW BRUNSWICK WITH NO INTENTION OF RETURNING THERETO. TEMPORARY QUARTERS WERE CLAIMED THROUGH AUGUST 3 ALTHOUGH DR. GALLINA REMAINED IN TEMPORARY QUARTERS THROUGH SEPTEMBER 29, 1973, FOR WHICH HE HAD TO BEAR A NONREIMBURSABLE COST IN EXCESS OF $1,000. ON SEPTEMBER 29, 1973, DR. GALLINA VACATED THE TEMPORARY QUARTERS BECAUSE HIS MOTHER, WHO LIVED APPROXIMATELY 4 MILES FROM HIS OLD PERMANENT RESIDENCE, WAS SUFFERING FROM TERMINAL CANCER WHICH HAD ENTERED ITS FINAL STAGES IN EARLY OCTOBER. DR. GALLINA'S INSPECTION SCHEDULE REVEALED A SIGNIFICANT AMOUNT OF TRAVEL BETWEEN OCTOBER 1 AND NOVEMBER 14. DR. GALLINA WAS RUNNING SHORT OF FUNDS SINCE THE $400 ADVANCE FOR TEMPORARY QUARTERS HAD RUN OUT. FINALLY, DR. GALLINA WAS INFORMED THAT HE COULD NOT MOVE INTO HIS PERMANENT RESIDENCE AT THE NEW DUTY STATION UNTIL NOVEMBER 8, 1973.

DR. GALLINA STATES THAT DURING THE TIME FROM OCTOBER 1 THROUGH NOVEMBER 14, 1973, HE REALIZED HE WOULD BE REPORTING ONLY 11 DAYS TO THE NEW DUTY STATION, KING OF PRUSSIA, BECAUSE OF TRAVEL COMMITMENTS AND HIS MOTHER'S ILLNESS. HE FURTHER STATES THAT HE DID NOT COMMUTE ROUTINELY FROM THE OLD DUTY STATION TO THE NEW DUTY STATION, AND THAT HE DID NOT MOVE BACK INTO THE OLD PERMANENT RESIDENCE. WHILE HE STAYED AT HIS OLD RESIDENCE TWO OR THREE NIGHTS, THE MAJORITY OF THE PERIOD IN QUESTION WAS SPENT AT HIS PARENTS' RESIDENCE. TRIPS TO HIS NEW STATION WERE MADE FROM THE RESIDENCE OF HIS PARENTS IN NEW BRUNSWICK TO KING OF PRUSSIA, A DISTANCE OF APPROXIMATELY 76 MILES. DR. GALLINA'S MOTHER DIED NOVEMBER 14, 1973.

IN THE CIRCUMSTANCES OF THIS CASE, AS RELATED ABOVE, DR. GALLINA MAY BE CONSIDERED TO HAVE VACATED HIS RESIDENCE AT HIS OLD DUTY STATION ON JUNE 25, 1973, AND HE MAY BE GRANTED REIMBURSEMENT FOR TEMPORARY QUARTERS TO THE EXTENT OTHERWISE PROPER.

THE SECOND ISSUE INVOLVES THE CLAIM BY DR. GALLINA FOR REIMBURSEMENT FOR USE OF TWO PRIVATELY OWNED AUTOMOBILES, HIS TRAVEL BEING ON NOVEMBER 18 AND HIS WIFE'S ON NOVEMBER 14.

SECTION 5724, TITLE 5, U.S.C. PROVIDES THAT UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, THE HEAD OF THE AGENCY CONCERNED OR HIS DESIGNEE MAY AUTHORIZE PAYMENT OF MILEAGE ALLOWANCE DURING A CHANGE OF STATION. IMPLEMENTING REGULATIONS ARE CONTAINED IN THE SECTION 2 2.3E(1)(C) AND 2- 2.3E(1)(E) OF THE FTR, AND EACH STATE THAT THE USE OF MORE THAN ONE PRIVATELY OWNED VEHICLE MAY BE AUTHORIZED:

"(C) IF AN EMPLOYEE MUST REPORT TO A NEW OFFICIAL STATION IN ADVANCE OF TRAVEL BY MEMBERS OF THE IMMEDIATE FAMILY WHO DELAY TRAVEL FOR ACCEPTABLE REASONS SUCH AS COMPLETION OF SCHOOL TERM, SALE OF PROPERTY, SETTLEMENT OF PERSONAL BUSINESS AFFAIRS, DISPOSAL OR SHIPMENT OF HOUSEHOLD GOODS, AND TEMPORARY UNAVAILABILITY OF ADEQUATE HOUSING AT THE NEW OFFICIAL STATION,

"(E) IF, IN ADVANCE OF THE EMPLOYEE'S REPORTING DATE, IMMEDIATE FAMILY MEMBERS MUST TRAVEL TO THE NEW OFFICIAL STATION FOR ACCEPTABLE REASONS SUCH AS TO ENROLL CHILDREN IN SCHOOL AT THE BEGINNING OF THE TERM."

THE AGENCY DENIED DR. GALLINA'S REIMBURSEMENT ON THE BASIS OF 2 2.3E(3) WHICH STATES THAT THE USE OF MORE THAN ONE PRIVATELY OWNED AUTOMOBILE IS DENIED UNLESS IT IS JUSTIFIED UNDER THE CIRCUMSTANCES DESCRIBED IN 2- 2.3E(1).

DR. GALLINA REPORTED TO HIS NEW OFFICIAL STATION ON JUNE 18, 1973. HIS FAMILY DELAYED TRAVEL UNTIL NOVEMBER 14, 1973, BECAUSE OF HIS WIFE'S EMPLOYMENT AND THE DELAY IN COMPLETION OF HIS NEW RESIDENCE. PRESUMABLY HE TRAVELED BY CAR TO THE NEW OFFICIAL STATION IN JUNE 1973 AS WELL AS ON NOVEMBER 18, 1973. DR. GALLINA TRAVELED SEPARATELY IN NOVEMBER 1973 SINCE THE SETTLEMENT OF PERSONAL BUSINESS AFFAIRS INCIDENT TO THE DEATH OF DR. GALLINA'S MOTHER REQUIRED HIS TRAVEL BE DELAYED UNTIL NOVEMBER 18. IT WAS NECESSARY FOR HIS WIFE TO TRAVEL TO THE NEW STATION ON NOVEMBER 14 TO ASSIST IN CONNECTION WITH THE MOVEMENT OF HOUSEHOLD EFFECTS.

IN THESE CIRCUMSTANCES, THE ADDITIONAL ALLOWANCE MAY BE CERTIFIED FOR PAYMENT OF MILEAGE FOR USE OF TWO AUTOMOBILES, IF OTHERWISE PROPER.