B-188706, DECEMBER 14, 1978

B-188706, DECEMBER 14, 1978

DIGEST: WHEN AN EMPLOYEE WHO IS IN A TRAVEL STATUS MORE THAN 90 PERCENT OF THE TIME IS TRANSFERRED, HE MAY BE REIMBURSED FOR THE REAL ESTATE EXPENSES INCURRED IN SELLING HIS FORMER RESIDENCE WHICH IS LOCATED AT A POINT CONVENIENT TO THE PLACES WHERE THE EMPLOYEE IS REQUIRED TO PERFORM TEMPORARY DUTY EVEN THOUGH THE HOME WAS NOT LOCATED AT THE PLACE THAT WAS ADMINISTRATIVELY DESIGNATED AS HIS DUTY STATION AND HE DID NOT COMMUTE DAILY FROM THAT RESIDENCE.

BILLY L. KENNEY -- REAL ESTATE EXPENSES:

THIS ACTION IS IN RESPONSE TO A REQUEST FOR AN ADVANCE DECISION, WHICH WAS SUBMITTED BY THE CHIEF, FINANCIAL SYSTEMS DIVISION OF THE FEDERAL AVIATION ADMINISTRATION (FAA). WE HAVE BEEN ASKED TO DECIDE WHETHER OR NOT MR. BILLY L. KENNEY MAY BE REIMBURSED FOR THE REAL ESTATE EXPENSES INCURRED WHEN HE SOLD THE RESIDENCE OCCUPIED BY HIS FAMILY AT THE TIME OF HIS TRANSFER TO LUFKIN, TEXAS.

MR. KENNEY, AN EMPLOYEE OF THE FAA, WAS TRANSFERRED FROM FORT WORTH, TEXAS, TO LUFKIN, TEXAS, WITH A REPORTING DATE OF NOVEMBER 23, 1976. THE TIME OF THIS TRANSFER MR. KENNEY'S WIFE AND CHILDREN RESIDED IN HOT SPRINGS, ARKANSAS. THE QUESTION PRESENTED IS WHETHER OR NOT MR. KENNEY MAY BE REIMBURSED FOR THE EXPENSES INCURRED IN SELLING HIS HOT SPRINGS RESIDENCE.

THE RECORD IS VERY CLEAR THAT ALTHOUGH FORT WORTH WAS DESIGNATED AS MR. KENNEY'S OFFICIAL DUTY STATION, THE DESIGNATION WAS A MATTER OF ADMINISTRATIVE CONVENIENCE, AND THAT MR. KENNEY SPENT VIRTUALLY NO TIME PERFORMING DUTIES IN FORTH WORTH DURING THE ALMOST 4 YEARS IT WAS HIS OFFICIAL DUTY STATION. MR. KENNEY HELD THE POSITION OF ELECTRONICS TECHNICIAN, AND THE POSITION DESCRIPTIONS FOR THAT JOB IN GRADES GS-7 THROUGH GS-11 SPECIFY THAT THE EMPLOYEE WOULD BE IN A TRAVEL STATUS 90 PERCENT OF THE TIME. DURING THE TIME FORT WORTH WAS DESIGNATED AS HIS OFFICIAL DUTY STATION, MR. KENNEY DID NOT OWN OR RENT A RESIDENCE IN THE FORT WORTH AREA. ON THOSE FEW OCCASIONS WHEN HE WAS ACTUALLY IN FORT WORTH, HE WOULD STAY IN A MOTEL OR HOTEL ROOM. DURING THIS PERIOD MR. KENNEY WAS ACTUALLY IN A TRAVEL STATUS WELL OVER 90 PERCENT OF THE TIME. HIS FAMILY'S HOME IN HOT SPRINGS WAS MORE CONVENIENT TO THE LOCATIONS AT WHICH HE PERFORMED HIS TEMPORARY DUTY ASSIGNMENTS THAN A HOME IN FORT WORTH WOULD HAVE BEEN. THUS, IT WAS EASIER TO GO HOME ON WEEKENDS TO SEE HIS FAMILY WHEN THEY LIVED IN HOT SPRINGS.

THE GENERAL RULE IS THAT AN EMPLOYEE ONLY MAY BE REIMBURSED FOR THE EXPENSES INCURRED IN SELLING THE RESIDENCE FROM WHICH HE DAILY COMMUTED TO HIS OLD DUTY STATION. FEDERAL TRAVEL REGULATIONS, FPMR 101-7 (MAY 1973) PARAGRAPHS 2-6.1 AND 2-1.4I. HOWEVER, WE HAVE HELD THAT WHERE AS EMPLOYEE IS CONSTANTLY IN A TRAVEL STATUS, AND HAS NO SINGLE, TRUE OFFICIAL DUTY STATION, BUT ONLY A PLACE SO DESIGNATED FOR ADMINISTRATIVE CONVENIENCE, HE MAY BE REIMBURSED FOR THE EXPENSES OF SELLING HIS HOME, SINCE IT IS IMPOSSIBLE FOR THE EMPLOYEE TO COMMUTE DAILY FROM ONE RESIDENCE. MATTER OF ROBERT A. VAN WINKLE, B-184004, APRIL 27, 1976, AND B-167708, SEPTEMBER 26, 1969.

SINCE MR. KENNEY'S CLAIM FALLS WITHIN THE RULE STATED IN THOSE DECISIONS REIMBURSEMENT OF REAL ESTATE EXPENSES INCURRED IN SELLING HIS HOME IN HOT SPRINGS, ARKANSAS, MAY BE PAID.