B-188005, MAY 19, 1977

B-188005, MAY 19, 1977

EMPLOYEE MAY NOT RECEIVE TEMPORARY QUARTERS ALLOWANCE AT OLD DUTY STATION WHEN HIS FAMILY PRECEDED HIM TO NEW DUTY STATION AND MOVED INTO PERMANENT QUARTERS THERE. FTR PARA. 2-5.2F TERMINATES ELIGIBILITY FOR TEMPORARY QUARTERS ALLOWANCE AT TIME EMPLOYEE OR ANY MEMBER OF HIS FAMILY FIRST OCCUPIES NEW PERMANENT QUARTERS. B-185983, SEPTEMBER 17, 1976.

GLENN R. DUNAVAN - TEMPORARY QUARTERS EXPENSES:

BY A LETTER DATED NOVEMBER 19, 1976, MS. ORRIS C. HUET, AN AUTHORIZED CERTIFYING OFFICER WITH THE NATIONAL FINANCE CENTER, DEPARTMENT OF AGRICULTURE, REQUESTS AN ADVANCE DECISION REGARDING THE PROPRIETY OF PAYING THE RECLAIM VOUCHER OF MR. GLENN R. DUNAVAN. MR. DUNAVAN CLAIMS $418.05 FOR EXPENSES INCURRED WHILE OCCUPYING TEMPORARY QUARTERS INCIDENT TO A PERMANENT CHANGE OF DUTY STATION.

THE RECORD SHOWS THAT MR. DUNAVAN WAS ISSUED A TRAVEL AUTHORIZATION ON JANUARY 27, 1976, FOR A CHANGE OF DUTY STATION FROM HURON TO STURGIS, SOUTH DAKOTA. MR. DUNAVAN MOVED HIS HOUSEHOLD GOODS AND FAMILY TO STURGIS ON FEBRUARY 14, 1976, BECAUSE OF THE AVAILABILITY OF HOUSING AT THE TIME AND THE CHANGE OF SCHOOLS BY HIS CHILDREN. HE RETURNED TO HURON AND DID NOT ENTER ON DUTY AT STURGIS UNTIL MARCH 14, 1976. MR. DUNAVAN IS CLAIMING REIMBURSEMENT WHILE OCCUPYING TEMPORARY QUARTERS AT HURON FOR THE PERIOD FEBRAURY 17, 1976, THROUGH MARCH 12, 1976.

MR. DUNAVAN'S CLAIM FOR REIMBURSEMENT OF SUBSISTENCE EXPENSES WHILE OCCUPYING TEMPORARY QUARTERS WAS DISALLOWED UNDER PARA. 2-5.2F OF THE FEDERAL TRAVEL REGULATIONS (FPMR 101-7, MAY 1973), BECAUSE HIS FAMILY WAS ALREADY IN PERMANENT QUARTERS. PARAGRAPH 2-5.2F PROVIDES AS FOLLOWS:

"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 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. THE EMPLOYEE MAY OCCUPY TEMPORARY QUARTERS AT ONE LOCATION WHILE MEMBERS OF THE IMMEDIATE FAMILY OCCUPY QUARTERS AT ANOTHER LOCATION. THE PERIOD OF ELIGIBILITY SHALL TERMINATE WHEN THE EMPLOYEE OR ANY MEMBER OF HIS IMMEDIATE FAMILY OCCUPIES PERMANENT RESIDENCE QUARTERS OR WHEN THE ALLOWABLE TIME LIMIT EXPIRES, WHICHEVER OCCURS FIRST."

IN THE SUBMISSION THE CERTIFYING OFFICER STATED:

"WHILE PARA. 2-5.2F. WOULD APPEAR TO PRECLUDE REIMBURSEMENT, WE QUESTION WHETHER IT WAS THE INTENT TO DENY AN EMPLOYEE A TEMPORARY QUARTERS ALLOWANCE AT HIS OLD OFFICIAL STATION WHEN HIS FAMILY PRECEDES HIM TO THE NEW OFFICIAL STATION DUE TO AVAILABLE HOUSING AND SCHOOLS."

THE RULE WITH REGARD TO THE PERIOD OF ELIGIBILITY FOR TEMPORARY QUARTERS IS THAT AT THE TIME THE EMPLOYEE OR ANY MEMBER OF HIS IMMEDIATE FAMILY OCCUPIES NEW PERMANENT RESIDENCE QUARTERS THE ELIGIBILITY TERMINATES. B-185983, SEPT. 17, 1976. MR. DUNAVAN IN HIS LETTER OF OCTOBER 14, 1976, TO THE USDA OFFICE OF BUDGET AND FINANCE ACKNOWLEDGES THAT HIS FAMILY HAD MOVED INTO PERMANENT QUARTERS IN STURGIS, BUT STATES HIS UNDERSTANDING THAT SO LONG AS HE DID NOT CLAIM SUBSISTENCE FOR HIS FAMILY IN THE PERMANENT QUARTERS HE WOULD BE ABLE TO CLAIM SUBSISTENCE EXPENSES AT HIS OLD DUTY STATION. UNFORTUNATELY, WE CANNOT AGREE WITH MR. DUNAVAN'S UNDERSTANDING OF PARAGRAPH 2-5.2F. UNDER THE REGULATION, IT IS CLEAR THAT AN EMPLOYEE'S ELIGIBILITY IS TERMINATED AT THE TIME HIS FAMILY OCCUPIES PERMANENT QUARTERS AT THE NEW DUTY STATION.

ACCORDINGLY, THE VOUCHER MAY NOT BE CERTIFIED FOR PAYMENT.