B-167193, OCT. 28, 1969

B-167193, OCT. 28, 1969

OFFICERS AND EMPLOYEES--TRANSFERS--RELOCATION EXPENSES--DEPENDENTS- SUBSISTENCE EXPENSES FOR CHILDREN WHILE PARENTS ON HOUSE HUNTING TRIP PERMANENTLY TRANSFERRED EMPLOYEE SEEKING REIMBURSEMENT OF BOARD AND TUITION EXPENSE OF DEPENDENT CHILDREN PLACED IN BOARDING SCHOOL AUG. 13 TO 29 WHILE CLAIMANT AND WIFE WERE ON HOUSE-HUNTING TRIP MAY NOT BE ALLOWED SUBSISTENCE EXPENSES AUTHORIZED IN SUBSECS. 2.5B (3) AND 2.5D (1) OF BUREAU OF BUDGET CIR. NO. A-56 TO TRANSFERRED EMPLOYEES AND FAMILY WHILE OCCUPYING TEMPORARY QUARTERS SINCE SUBSEC. 2.5B (3) SPECIFICALLY PROVIDES THAT BENEFITS ARE PAYABLE ONLY AFTER EMPLOYEE AND/OR FAMILY VACATE RESIDENCE QUARTERS OCCUPIED AT TIME OF TRANSFER. SINCE CLAIMANT AND FAMILY DID NOT PERMANENTLY VACATE OLD QUARTERS UNTIL SEPT. 2, HIS CHILDREN WERE NOT OCCUPYING TEMPORARY QUARTERS WITHIN MEANING OF CONTROLLING REGULATIONS.

TO MR. RAYMOND L. MILOT:

THIS REFERS TO YOUR LETTERS OF OCTOBER 1, 1969, WITH ENCLOSURE, AND OCTOBER 13, 1969, CONCERNING YOUR CLAIM FOR REIMBURSEMENT OF SUBSISTENCE EXPENSES FOR YOUR CHILDREN DURING THE PERIOD YOU AND YOUR WIFE WERE ON A HOUSE HUNTING TRIP.

BY TRAVEL AUTHORIZATION DATED AUGUST 18, 1966, YOU WERE AUTHORIZED TO TRAVEL FROM PORTSMOUTH, RHODE ISLAND, TO KANSAS CITY, MISSOURI, INCIDENT TO A PERMANENT CHANGE OF STATION. YOU PLACED FIVE OF YOUR CHILDREN IN THE MOUNT ST. JOSEPH SCHOOL ON AUGUST 13, 1966, AND THE RECEIPT FURNISHED SHOWS THE COST FOR BOARD AND TUITION FROM AUGUST 13 TO AUGUST 29 WAS $120. YOU ARE CLAIMING $84.71 OF THIS AMOUNT FOR THE PERIOD BEGINNING WITH AUGUST 18, 1966, AS TEMPORARY SUBSISTENCE EXPENSES. THE RECORD SHOWS YOU LEFT YOUR HEADQUARTERS ON AUGUST 13, 1966, TOOK LEAVE EN ROUTE AND RETURNED ON AUGUST 31, 1966. YOU AND YOUR FAMILY SPENT TWO NIGHTS IN YOUR HOME AND DEPARTED FOR YOUR NEW RESIDENCE AT WATERLOO, IOWA, ON SEPTEMBER 2, 1966.

SECTION 2.5 OF BUREAU OF THE BUDGET CIRCULAR NO. A-56 PROVIDES FOR THE PAYMENT OF SUBSISTENCE EXPENSES OF THE EMPLOYEE AND HIS IMMEDIATE FAMILY WHILE OCCUPYING TEMPORARY QUARTERS WHEN AN EMPLOYEE IS TRANSFERRED TO A NEW OFFICIAL STATION.

SUBSECTIONS 2.5B (3) AND 2.5D (1) OF CIRCULAR NO. A-56 PROVIDE THAT:

"2.5B (3) TEMPORARY QUARTERS REFER TO LODGING OBTAINED TEMPORARILY, AFTER A TRANSFER HAS BEEN AUTHORIZED OR APPROVED AND AFTER THE EMPLOYEE AND/OR MEMBERS OF HIS IMMEDIATE FAMILY VACATE THE RESIDENCE QUARTERS IN WHICH THEY WERE RESIDING AT THE TIME OF THE TRANSFER, UNTIL THE EMPLOYEE MOVES, WITHIN THE ALLOWABLE 30 OR 60 DAYS' TIME LIMIT, INTO PERMANENT RESIDENCE QUARTERS.

"2.5D (1) REIMBURSEMENT SHALL BE ONLY FOR ACTUAL SUBSISTENCE EXPENSES INCURRED PROVIDED THESE ARE DIRECTLY RELATED TO OCCUPANCY OF TEMPORARY QUARTERS AND ARE REASONABLE BOTH AS TO AMOUNT AND DURATION. ALLOWABLE SUBSISTENCE EXPENSES INCLUDE ONLY CHARGES FOR MEALS, LODGING, FEES AND TIPS INCIDENT TO MEALS AND LODGING, LAUNDRY, CLEANING AND PRESSING OF CLOTHING. THE ACTUAL EXPENSES SHALL BE SUPPORTED AS PROVIDED IN SUBSECTION 6.12F OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. EXPENSES OF LOCAL TRANSPORTATION INCURRED FOR ANY PURPOSE DURING OCCUPANCY OF TEMPORARY QUARTERS SHALL BE DISALLOWED.'

IT IS SPECIFICALLY PROVIDED IN SECTION 2.5 OF CIRCULAR NO. A-56 THAT THE BENEFITS PROVIDED THEREIN ARE PAYABLE ONLY AFTER THE EMPLOYEE AND/OR MEMBERS OF HIS FAMILY VACATE THE RESIDENCE QUARTERS IN WHICH THEY WERE RESIDING AT THE TIME OF TRANSFER.

SINCE YOU AND YOUR FAMILY DID NOT PERMANENTLY VACATE YOUR RESIDENCE QUARTERS AT YOUR OLD DUTY STATION UNTIL SEPTEMBER 2, 1966, YOUR CHILDREN WERE NOT RESIDING IN TEMPORARY QUARTERS AS DEFINED BY THE CONTROLLING REGULATIONS DURING THE PERIOD IN QUESTION.

THEREFORE, THERE IS NO AUTHORITY TO ALLOW THAT PART OF YOUR CLAIM FOR SUBSISTENCE EXPENSES OF YOUR CHILDREN.