B-236247, Dec 22, 1989

B-236247: Dec 22, 1989

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CIVILIAN PERSONNEL - Relocation - Temporary quarters - Actual subsistence expenses - Reimbursement - Deadlines CIVILIAN PERSONNEL - Relocation - Temporary quarters - Actual subsistence expenses - Reimbursement - Substitution DIGEST: This summary letter decision addresses well established rules which have been discussed in previous Comptroller General decisions. Middleton: The issue in this decision is whether an employee may submit a new claim for temporary quarters subsistence expenses in substitution for a prior claim in a lesser amount. /1/ The employee. Not later than 30 days from the date the family vacates their residence at the old official station. /2/Our decisions have held that an employee may properly claim either period for reimbursement.

B-236247, Dec 22, 1989

CIVILIAN PERSONNEL - Relocation - Temporary quarters - Actual subsistence expenses - Reimbursement - Deadlines CIVILIAN PERSONNEL - Relocation - Temporary quarters - Actual subsistence expenses - Reimbursement - Substitution DIGEST: This summary letter decision addresses well established rules which have been discussed in previous Comptroller General decisions. To locate substantive decisions addressing this issue, refer to decisions indexed under the above listed index entry.

Michael J. Middleton:

The issue in this decision is whether an employee may submit a new claim for temporary quarters subsistence expenses in substitution for a prior claim in a lesser amount. /1/ The employee, Mr. Michael J. Middleton, submitted a claim for 30 days in which he occupied temporary quarters without his family after he reported to his new duty station. Now Mr. Middleton requests withdrawal of that claim so that he may submit a claim for a period of time in which he occupied temporary quarters with his family after they vacated their residence at the old duty station.

To be eligible for temporary quarters subsistence expenses, the period of use of temporary quarters must begin not later than 30 days from the date the employee reports for duty at the new station, or if not begun during this period, not later than 30 days from the date the family vacates their residence at the old official station. /2/Our decisions have held that an employee may properly claim either period for reimbursement, whichever would provide the greater reimbursement. See Huai Su, B-215701, Dec. 3, 1984. In addition, we have held that a later claim for temporary quarters may be substituted for a prior claim in a lesser amount. See B-177842, Mar. 27, 1973.

Therefore, if Mr. Middleton's second claim for temporary quarters covers a period that began not later than 30 days from the date his family vacated their residence at the old station, the agency may substitute that claim for the earlier one.

/1/ This decision was requested by Robert A. Carlisle, Director, Division of Finance, Social Security Administration, Department of Health and Human Services.

/2/ Federal Travel Regulations, para. 2-5.2e (Supp. 24, July 6, 1987), incorp. by ref., 41 C.F.R. Sec. 101-7.003 (1988).