B-241218, Mar 7, 1991

B-241218: Mar 7, 1991

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

Sec. 5924(2)(A) and its implementing regulations is allowed for civilians transferred to a foreign area for subsistence expenses incurred in the United States for up to 10 days before final departure to the foreign area. There is no authority to reimburse an employee for expenses incurred for an additional 2-week period. Even though expenses were incurred for an additional 2 weeks. /1/ The additional 2 weeks of expenses were caused through no fault of Mr. Sec. 5924(2)(A) is allowed for civilians transferred to a foreign area for subsistence expenses incurred in the United States before final departure to the foreign area. Willet was not able to leave for his new duty station when expected.

B-241218, Mar 7, 1991

CIVILIAN PERSONNEL - Relocation - Foreign service personnel - Home service transfer allowances - Amount determination

DIGEST

Donald D. Willet:

Mr. Donald D. Willet has appealed the determination of our Claims Group that only 10 days of subsistence expenses may be reimbursed under the foreign transfer allowance, 5 U.S.C. Sec. 5924(2)(A) (1988), even though expenses were incurred for an additional 2 weeks. /1/ The additional 2 weeks of expenses were caused through no fault of Mr. Willet's when the Department of State delayed the scheduled departure date for the new duty station after Mr. Willet had vacated his house.

A foreign transfer allowance under 5 U.S.C. Sec. 5924(2)(A) is allowed for civilians transferred to a foreign area for subsistence expenses incurred in the United States before final departure to the foreign area. Regulations implementing this allowance appear in the Department of State's Standardized Regulations (Government Civilians, Foreign Areas), section 241.2c, which specifically authorizes expenses for up to 10 days. Neither the statute nor the regulations provide for any exceptions or extensions to the 10-day limit. Although Mr. Willet was not able to leave for his new duty station when expected, we have no authority to grant more than the statutory regulations. Accordingly, since 10 days of expenses have already been allowed Mr. Willet, our Claims Group's determination to allow no more is affirmed.

/1/ Settlement Certificate Z-2862353, Apr. 19, 1990.