B-256230 August 17, 1994
Highlights
The agency's decision to limit the extension to 14 days was a reasonable exercise of agency discretion. The employee alleges the agency abused its discretion in not granting the full 60 days since he was not authorized a househunting trip before his relocation. This is a matter within the agency's discretion and the agency's decision was supported by provisions of governing regulations which make no special provision for employees who are not authorized a househunting trip because they are transferring from outside the United States. Denial is sustained. You argue that since you were not authorized a househunting trip. Which would have allowed you more time to obtain permanent quarters. It denied the additional 46 days you requested on the basis that while in the TQSE status you elected to have a home constructed with the knowledge that you would not be able to occupy that home until after the initial 60 days of TQSE expired.
B-256230 August 17, 1994
DIGEST
Mr. Richard T. Brown Air Force Audit Agency 303 South Crickett, Suite 2 Kelley AFB, Texas 78241-6023
Dear Mr. Brown:
This further responds to your December 6, 1993, letter appealing our Claims Group settlement, Z-2868779, November 3, 1993, denying your claim for reimbursement for an additional 46 days of temporary quarters subsistence expenses (TQSE) incident to your permanent change-of-station transfer in 1992 from Ramstein AB, Germany, to Kelly AFB, Texas.
Essentially, you argue that the Air Force acted arbitrarily in limiting the extension of TQSE they granted you to 14 days rather than the full 60 days you requested. You argue that since you were not authorized a househunting trip, which would have allowed you more time to obtain permanent quarters, such as employees transferring between two duty stations in the United States may receive, different rules should apply to you concerning granting an extension of TQSE.[1]
In your case, the agency authorized an initial period of 60 days, and it did grant you an extension of 14 additional days in recognition of your efforts to locate housing at your new duty station and the fact that you did not receive a househunting trip. However, it denied the additional 46 days you requested on the basis that while in the TQSE status you elected to have a home constructed with the knowledge that you would not be able to occupy that home until after the initial 60 days of TQSE expired. The determination was within the agency's discretion to make, and the reason for their denial is supported by provisions of the applicable regulations. Federal Travel Regulations, 41 C.F.R. Sec. 302-5.2(a)(2).[2] The regulations make no specific provision for applying different rules regarding TQSE to those transferring from outside the United States.
As the Claims Group noted, the decision to authorize an initial period of TQSE or an extension rests with the agency, and we will not set aside an agency's decision regarding TQSE absent an abuse of discretion. Peter A. Christ, B-235203, Jan. 2, 1990. We have reviewed the Claims Group's file and your letter of appeal and found no basis to set aside the agency's decision. Accordingly, the Claims Group's settlement is affirmed.
Date: August 17, 1994 To: Director, Claims Group/OGC - Sharon S. Green From: Acting General Counsel - Robert P. Murphy Subject: Richard T. Brown, Z-2868779, B-256230
We are returning your file in the above captioned case. By our decision, B-256230, dated today, we are sustaining the Claims Group's settlement.
Attachments - 2
1. The statute which authorizes househunting trips limits such trips to persons whose old and new duty stations are in the United States. 5 U.S.C. Sec. 5724a(a)(2).
2. The substance of this provision is restated in the Joint Travel Regulations, Vol. 2, para. C13004-1b and c, applicable to DOD civilian employees.