B-167976, OCT. 30, 1969

B-167976, OCT. 30, 1969

OFFICERS AND EMPLOYEES--TRANSFERS--RELOCATION EXPENSES--TEMPORARY QUARTERS--NONENTITLEMENT EMPLOYEE'S CLAIM FOR TEMPORARY QUARTERS ALLOWANCE INCIDENT TO STATION TRANSFER FOR HIMSELF AND FAMILY FROM JUNE 29, 1969 (DATE HE AND WIFE FIRST OCCUPIED TEMPORARY QUARTERS) THROUGH JULY 28, 1969 -- WHERE EMPLOYEE DEPARTED PHOENIX WITH FAMILY JUNE 25, 1969 AND PLACED CHILDREN IN CAMP FOR PERIOD JUNE 26 TO JULY 29, 1969 -- IS DISALLOWED FOR CHILDREN, SINCE RECORD FAILS TO SHOW THEY WERE SENT TO CAMP INCIDENT TO STATION CHANGE, AND CAMP RECEIPTS DO NOT SHOW WHAT PORTION OF COST COVERED SUBSISTENCE EXPENSES AS REQUIRED BY BUREAU OF THE BUDGET CIR. NO. A-56, SUBSEC. 2.5D (1); PART OF CLAIM COVERING TEMPORARY QUARTERS FOR EMPLOYEE AND WIFE FOR JULY 26-28, 1969 IS ALSO DENIED, ABSENT REQUIRED EVIDENCE SHOWING THEY OCCUPIED TEMPORARY QUARTERS FOR SUCH PERIOD.

TO MR. JOHN C. MACKALL:

YOUR LETTER OF SEPTEMBER 24, 1969, ENCLOSING SEVERAL COPIES OF VOUCHERS IN FAVOR OF MR. HAROLD T. SCHNURER, REPRESENTING A CLAIM FOR TEMPORARY QUARTERS ALLOWANCE FOR HIMSELF, WIFE, AND TWO CHILDREN IN CONNECTION WITH A TRANSFER OF HIS OFFICIAL STATION AS AN EMPLOYEE OF THE SMALL BUSINESS ADMINISTRATION, REQUESTS A DECISION FROM OUR OFFICE CONCERNING PAYMENT OF THAT PART OF THE VOUCHER FOR TEMPORARY QUARTERS ALLOWANCE FOR THE CHILDREN.

THE RECORD SHOWS THAT INCIDENT TO A CHANGE OF OFFICIAL STATION FROM PHOENIX, ARIZONA, TO SAN FRANCISCO, CALIFORNIA, MR. SCHNURER WITH HIS WIFE AND TWO CHILDREN DEPARTED PHOENIX ON JUNE 25, 1969. TRAVELING BY AN INDIRECT ROUTE, THE EMPLOYEE PLACED HIS TWO CHILDREN IN CAMP AT PRESCOTT, ARIZONA, FOR THE PERIOD JUNE 26 TO JULY 29, 1969.

THE EMPLOYEE IS CLAIMING TEMPORARY QUARTERS ALLOWANCE FOR HIMSELF AND FAMILY FROM JUNE 29, 1969, THE DATE HE AND HIS WIFE FIRST OCCUPIED TEMPORARY QUARTERS THROUGH JULY 28, 1969. IT IS NOTED THAT THE TRAVEL ORDER AUTHORIZING THE CHANGE OF STATION WAS ISSUED JUNE 6, 1969. WHILE THE FILE DOES NOT SHOW WHEN ARRANGEMENTS WERE FIRST MADE FOR PLACING THE CHILDREN IN CAMP, THE RECORD INDICATES THAT PRIOR TO THE ISSUANCE OF THE TRAVEL ORDER THE EMPLOYEE HAD MADE ARRANGEMENTS, ALONG WITH DEPOSITS, TO PLACE HIS TWO CHILDREN IN SEPARATE CAMPS AT PRESCOTT.

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. THERE IS NOTHING IN THE FILE TO SHOW THAT THE CLAIMANT WOULD NOT HAVE PLACED THE CHILDREN IN THE CAMP EVEN IF THE TRANSFER HAD NOT OCCURRED. THAT IS, THE RECORD DOES NOT SHOW THAT THE CHILDREN WERE SENT TO CAMP AS THE RESULT OF OR INCIDENT TO THE PERMANENT CHANGE OF STATION. FURTHERMORE, THE RECEIPTS FURNISHED COVERING THE FEES PAID FOR THE PERIOD AT CAMP DO NOT COMPLY WITH SUBSECTION 2.5D (1) OF THE CIRCULAR BY SHOWING WHAT PORTION OF THE AMOUNT OF THE TOTAL CAMP COST WAS FOR ACTUAL SUBSISTENCE EXPENSES AS DEFINED IN THAT SUBSECTION.

ON THE BASIS OF THE RECORD BEFORE US, THAT PART OF THE CLAIM FOR TEMPORARY QUARTERS ALLOWANCE FOR THE CHILDREN MAY NOT BE CERTIFIED FOR PAYMENT.

IT IS NOTED THAT THE EMPLOYEE HAS FURNISHED RECEIPTS SHOWING THAT HE AND HIS WIFE OCCUPIED TEMPORARY QUARTERS FOR THE PERIOD JUNE 29 THROUGH JULY 25, 1969. IN THE ABSENCE OF THE REQUIRED EVIDENCE TO SHOW THAT EMPLOYEE AND HIS WIFE OCCUPIED TEMPORARY QUARTERS FOR THE PERIOD JULY 26 THROUGH JULY 28, 1969, THAT PART OF THE CLAIM SHOULD ALSO BE DISALLOWED.