B-211341, JUL 12, 1983

B-211341, JUL 12, 1983

DIGEST: EMPLOYEE TRANSFERRED TO THE VA MEDICAL CENTER IN CANANDAIGUA, NEW YORK, MAY NOT BE REIMBURSED FOR TEMPORARY QUARTERS AND SUBSISTENCE EXPENSES INCURRED MORE THAN 9 MONTHS AFTER HE REPORTED FOR DUTY AT HIS NEW OFFICIAL STATION. SINCE THE RECORD DOES NOT ESTABLISH THAT THE EMPLOYEE'S FAMILY VACATED THE RESIDENCE AT HIS OLD DUTY STATION, HIS CLAIM FOR REIMBURSEMENT MUST BEGIN WITHIN 30 DAYS FOLLOWING HIS ARRIVAL AT THE NEW DUTY STATION.

DANIEL J. TURNER:

THIS ACTION IS IN RESPONSE TO A REQUEST FROM THE ASSISTANT DEPUTY ADMINISTRATOR FOR BUDGET AND FINANCE, VETERANS ADMINISTRATION, CONCERNING THE ENTITLEMENT OF MR. DANIEL J. TURNER TO TEMPORARY QUARTERS AND SUBSISTENCE EXPENSES. MR. TURNER, AN EMPLOYEE OF THE VETERANS ADMINISTRATION, WAS AUTHORIZED RELOCATION ALLOWANCES FOR HIMSELF, HIS SPOUSE, AND 4 CHILDREN INCIDENT TO A TRANSFER FROM THE VA MEDICAL CENTER IN WICHITA, KANSAS, TO THE VA MEDICAL CENTER IN CANANDAIGUA, NEW YORK.

ON JANUARY 14, 1982, MR. TURNER REPORTED FOR DUTY AT THE VA MEDICAL CENTER IN CANANDAIGUA WITHOUT HIS FAMILY AND OCCUPIED A GOVERNMENT FURNISHED ROOM ON STATION IN BUILDING 14. ALTHOUGH MR. TURNER'S FAMILY NEVER MOVED TO NEW YORK, HIS DAUGHTER WAS SCHEDULED TO RESIDE WITH HIM BEGINNING IN OCTOBER 1982. IN PREPARATION FOR HER ARRIVAL, MR. TURNER GAVE UP HIS ROOM IN BUILDING 14 AND MADE ARRANGEMENTS FOR OTHER LODGINGS PENDING THE AVAILABILITY OF A HOUSE AT THE MEDICAL CENTER. INTERVENING CIRCUMSTANCES PREVENTED HIS DAUGHTER'S RELOCATION TO CANANDAIGUA. BECAUSE THE ROOM IN BUILDING 14 HAD BEEN REASSIGNED, THE EMPLOYEE MOVED TO A MOTOR LODGE ON OCTOBER 25, 1982. MR. TURNER REQUESTS REIMBURSEMENT OF TEMPORARY QUARTERS AND SUBSISTENCE EXPENSES FOR THE PERIOD FROM OCTOBER 25 THROUGH NOVEMBER 22, 1982, DURING WHICH HE OCCUPIED COMMERCIAL QUARTERS.

PAYMENT OF SUBSISTENCE EXPENSES OF AN EMPLOYEE AND HIS IMMEDIATE FAMILY WHILE OCCUPYING TEMPORARY QUARTERS IN CONNECTION WITH A PERMANENT CHANGE OF STATION IS AUTHORIZED BY 5 U.S.C. SEC. 5724AA)(3), AS IMPLEMENTED BY CHAPTER 2, PART 5 OF THE FEDERAL TRAVEL REGULATIONS (FTR) (FPMR 101-7, NOVEMBER 1981). FTR PARA. 2-5.2(E) REQUIRES OCCUPANCY OF TEMPORARY QUARTERS TO BEGIN NOT LATER THAN 30 DAYS FROM THE DATE THE EMPLOYEE REPORTS TO HIS NEW DUTY STATION OR, IF NOT BEGUN DURING THIS PERIOD, NOT LATER THAN 30 DAYS FROM THE DATE THE FAMILY VACATES THE RESIDENCE AT THE OLD DUTY STATION. THE REGULATION DOES NOT PROHIBIT REIMBURSEMENT OF TEMPORARY QUARTERS EXPENSES FOR CLAIMS COMMENCING BETWEEN THE PERIOD ENDING 30 DAYS AFTER THE EMPLOYEE REPORTS FOR DUTY AT HIS NEW DUTY STATION AND THE 30-DAY PERIOD BEGINNING WHEN THE FAMILY VACATES THEIR RESIDENCE AT THE OLD STATION. 54 COMP.GEN. 13 (1974). HOWEVER WHERE THE EMPLOYEE'S FAMILY DOES NOT VACATE THE RESIDENCE AT THE OLD DUTY STATION, OCCUPANCY OF TEMPORARY QUARTERS MUST COMMENCE WITHIN 30 DAYS OF THE EMPLOYEE'S TRANSFER. MATTER OF KELLY, B-189998, MARCH 22, 1978.

THERE IS NOTHING IN THE RECORD TO INDICATE THAT THE EMPLOYEE'S FAMILY HAS VACATED THE RESIDENCE AT THE OLD DUTY STATION. ACCORDINGLY, MR. TURNER'S ELIGIBILITY PERIOD EXPIRED 30 DAYS AFTER HE REPORTED FOR DUTY IN CANANDAIGUA, AND HIS CLAIM FOR TEMPORARY QUARTERS AND SUBSISTENCE EXPENSES BEGINNING OCTOBER 25, 1982, MAY NOT BE ALLOWED. HOWEVER, HE MAY CLAIM AND BE REIMBURSED EXPENSES INCURRED IN CONNECTION WITH HIS OCCUPANCY OF TEMPORARY QUARTERS IN BUILDING 14 FOR A 30-DAY PERIOD COMMENCING WITHIN THE PERIOD OF ELIGIBILITY.