B-163307, FEB. 7, 1968

B-163307, FEB. 7, 1968

EMPLOYEES - TRANSFERS - PUBLIC LAW 89-516 - TEMPORARY LODGINGS DECISION TO CERTIFYING OFFICER OF BUREAU OF RECLAMATION, INTERIOR, CONCERNING PROPRIETY OF REIMBURSING COSTS OF SUBSISTENCE WHILE OCCUPYING LEASED MOBILE HOME AT NEW STATION INCIDENT TO TRANSFER FROM PASCO, WASHINGTON TO COULEE DAM, WASHINGTON. EMPLOYEE WHO LEASED A MOBILE HOME FOR TEMPORARY OCCUPANCY AT HIS NEW STATION UNTIL HIS HOME BECAME AVAILABLE AND THEN WHEN HOME PLANS WERE FURTHER DELAYED PURCHASED MOBILE HOME THE EMPLOYEE MAY BE REGARDED AS HAVING OCCUPIED MOBILE HOME ON TEMPORARY BASIS UNTIL PURCHASE OF MOBILE HOME FOR ENTITLEMENT TO REIMBURSEMENT UNDER 2.5 OF BOB CIRCULAR NO. A 56.

TO MRS. NEDRA A. BLACKWELL:

WE REFER TO YOUR LETTER OF JANUARY 11, 1968, YOUR REFERENCE 360, BY WHICH YOU REQUEST OUR ADVANCE DECISION WHETHER YOU MAY PROPERLY CERTIFY FOR PAYMENT THE ENCLOSED TRAVEL VOUCHER OF MR. DONALD F. SOMERS, AN EMPLOYEE OF THE BUREAU OF RECLAMATION, DEPARTMENT OF THE INTERIOR,TO REIMBURSE HIM CERTAIN COSTS OF SUBSISTENCE HE INCURRED WHILE OCCUPYING A LEASED MOBILE HOME IN THE VICINITY OF HIS NEW OFFICIAL STATION IN CONNECTION WITH HIS TRANSFER FROM PASCO, WASHINGTON TO COULEE DAM, WASHINGTON WHICH WAS EFFECTIVE IN SEPTEMBER 1967.

THE INFORMATION PROVIDED SHOWS THAT MR. SOMERS HAD MADE ARRANGEMENTS TO PURCHASE A HOUSE IN THE VICINITY OF HIS NEW DUTY STATION PRIOR TO THE DATE OF HIS TRANSFER. BECAUSE HE WAS NOT ABLE TO OCCUPY THAT HOUSE UPON ARRIVAL HE LEASED A MOBILE HOME ON SEPTEMBER 1, 1967, FOR TEMPORARY OCCUPANCY UNTIL THE HOUSE BECAME AVAILABLE. HOWEVER, SHORTLY AFTER HE MOVED INTO THE MOBILE HOME HE WAS ADVISED THAT THERE WOULD BE A FURTHER DELAY BEFORE THE HOUSE BECAME AVAILABLE. AT THAT TIME (SEPTEMBER 14, 1967) HE DECIDED TO PURCHASE THE MOBILE HOME HE HAD LEASED AND ABANDON HIS PLANS TO MOVE INTO THE HOUSE. HE NOW CLAIMS REIMBURSEMENT OF THE COSTS OF SUBSISTENCE WHILE OCCUPYING THE MOBILE HOME UNDER THE PROVISIONS OF 5 U.S.C. 5724A (A) (3) AND SECTION 2.5 OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, FROM THE DATE HE TOOK UP RESIDENCE THEREIN TO THE DATE HE WAS ADVISED OF THE FURTHER DELAY IN THE AVAILABILITY OF THE HOUSE HE WAS TO PURCHASE AND DECIDED TO PURCHASE THE MOBILE HOME.

IN B-161960, JULY 31, 1967, 47 COMP. GEN. -----, COPY ENCLOSED, WE HELD:

"THERE IS NO DEFINITION OF THE TERM TEMPORARY QUARTERS IN THE LAW OR REGULATION HERE INVOLVED AND IN VIEW OF THE MANY DIFFERENT SITUATIONS WHICH MAY ARISE UNDER THAT PROVISION WE DOUBT THAT A COMPREHENSIVE DEFINITION COULD BE WRITTEN. THEREFORE, EACH CASE MUST BE TREATED ON THE BASIS OF THE PARTICULAR FACTS INVOLVED. * * *"

WE BELIEVE THE STATEMENTS BY MR. SOMERS AND OTHER EVIDENCE CONTAINED IN THE RECORD ARE SUFFICIENT TO ESTABLISH THAT HE OCCUPIED THE MOBILE HOME ON A PURELY TEMPORARY BASIS UNTIL SEPTEMBER 14, 1967, WHEN HE DETERMINED THAT DUE TO A CHANGE IN CIRCUMSTANCES HE WOULD LIVE PERMANENTLY IN THE MOBILE HOME.

ACCORDINGLY, THE VOUCHER WHICH IS RETURNED HEREWITH TOGETHER WITH SUPPORTING PAPERS MAY BE CERTIFIED FOR PAYMENT IF OTHERWISE CORRECT.