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B-174986, MAY 11, 1972

B-174986 May 11, 1972
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SINCE THE EXTENSION IS ENTIRELY WITHIN THE AGENCY'S DISCRETION. FEWELL'S CLAIM FOR ADDITIONAL REIMBURSEMENT DURING THE ORIGINAL 30-DAY PERIOD WAS EXCESSIVE WILL NOT BE DISTURBED ABSENT RECEIPT OF CLEAR AND CONVINCING EVIDENCE TO THE CONTRARY. YOUR CLAIM IS FOR EXPENSES INCURRED INCIDENT TO YOUR PERMANENT CHANGE OF STATION FROM HONOLULU. PROVIDES AT SUBSECTION 2.5A GUIDELINES WITHIN WHICH HEADS OF DEPARTMENTS AND AGENCIES WILL PRESCRIBE PROCEDURES FOR ADMINISTRATION OF THE LAW "SO THAT THE NECESSITY AND LENGTH OF TIME FOR ALLOWING SUBSISTENCE EXPENSES WHILE AN EMPLOYEE AND MEMBERS OF HIS IMMEDIATE FAMILY ARE USING TEMPORARY QUARTERS IS JUSTIFIED IN CONNECTION WITH THE EMPLOYEE'S TRANSFER TO A NEW OFFICIAL STATION.".

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B-174986, MAY 11, 1972

CIVILIAN EMPLOYEE - TEMPORARY QUARTERS SUBSISTENCE ALLOWANCE - ADDITIONAL REIMBURSEMENT - ENTITLEMENT DECISION DENYING THE CLAIM OF FRED FEWELL FOR ADDITIONAL TEMPORARY QUARTERS SUBSISTENCE ALLOWANCE INCIDENT TO A PERMANENT CHANGE OF STATION FROM HONOLULU, HAWAII, TO PINE BLUFF, ARK. 5 U.S.C. 5724AA)(3) PROVIDES THAT THE 30-DAY PERIOD OF TEMPORARY QUARTERS SUBSISTENCE ALLOWANCE MAY BE EXTENDED WHEN AN EMPLOYEE MOVES TO OR FROM HAWAII. SINCE THE EXTENSION IS ENTIRELY WITHIN THE AGENCY'S DISCRETION, IT MAY NOT BE QUESTIONED BY GAO. SIMILARLY, THE AGENCY'S DETERMINATION THAT MR. FEWELL'S CLAIM FOR ADDITIONAL REIMBURSEMENT DURING THE ORIGINAL 30-DAY PERIOD WAS EXCESSIVE WILL NOT BE DISTURBED ABSENT RECEIPT OF CLEAR AND CONVINCING EVIDENCE TO THE CONTRARY.

TO MR. FRED FEWELL:

THIS REFERS TO YOUR LETTER OF JANUARY 3, 1972, IN WHICH YOU REQUESTED REVIEW OF THE SETTLEMENT OF OUR CLAIMS DIVISION DATED DECEMBER 28, 1971, DISALLOWING YOUR CLAIM FOR ADDITIONAL TEMPORARY QUARTERS SUBSISTENCE ALLOWANCE.

YOUR CLAIM IS FOR EXPENSES INCURRED INCIDENT TO YOUR PERMANENT CHANGE OF STATION FROM HONOLULU, HAWAII, TO PINE BLUFF, ARKANSAS, UNDER AUTHORITY OF A TRAVEL ORDER DATED JANUARY 4, 1971. THE AMOUNT CLAIMED REPRESENTS REIMBURSEMENT FOR OCCUPANCY OF TEMPORARY QUARTERS FOR A PERIOD OF 29 DAYS IN ADDITION TO 30 DAYS AUTHORIZED AND APPROVED BY THE DEPARTMENT OF THE ARMY, AND FOR ADDITIONAL REIMBURSEMENT FOR EXPENSES CLAIMED DURING THE FIRST 30-DAY PERIOD.

SUBSECTION 5724AA)(3) OF TITLE 5, U.S.C. PROVIDES THAT THE 30-DAY PERIOD OF TEMPORARY QUARTERS SUBSISTENCE ALLOWANCE FOR WHICH THE LAW PROVIDES MAY BE EXTENDED WHEN THE EMPLOYEE MOVES TO OR FROM HAWAII. THE STATUTORY REGULATION, OFFICE OF MANAGEMENT AND BUDGET (OMB) CIRCULAR NO. A-56, PROVIDES AT SUBSECTION 2.5A GUIDELINES WITHIN WHICH HEADS OF DEPARTMENTS AND AGENCIES WILL PRESCRIBE PROCEDURES FOR ADMINISTRATION OF THE LAW "SO THAT THE NECESSITY AND LENGTH OF TIME FOR ALLOWING SUBSISTENCE EXPENSES WHILE AN EMPLOYEE AND MEMBERS OF HIS IMMEDIATE FAMILY ARE USING TEMPORARY QUARTERS IS JUSTIFIED IN CONNECTION WITH THE EMPLOYEE'S TRANSFER TO A NEW OFFICIAL STATION." IN ACCORDANCE WITH THAT REGULATION, SUBPARAGRAPH C 8251-2, JOINT TRAVEL REGULATIONS (JTR), VOLUME 2, PROVIDES THAT:

" ***THE TRAVEL APPROVING OFFICIAL OF THE DEPARTMENT OF DEFENSE COMPONENT CONCERNED WILL INSURE THAT THE NECESSITY AND LENGTH OF TIME FOR WHICH TEMPORARY QUARTERS SUBSISTENCE EXPENSES ARE AUTHORIZED ARE JUSTIFIED."

IN YOUR CASE THE ADDITIONAL 29 DAYS TEMPORARY QUARTERS SUBSISTENCE ALLOWANCE WAS NEITHER AUTHORIZED NOR APPROVED BY A TRAVEL APPROVING OFFICIAL. THIS IS A DETERMINATION WHICH UNDER THE LAW AND REGULATIONS IS DISCRETIONARY WITH THE EMPLOYING AGENCY AND WE HAVE NO AUTHORITY TO SUBSTITUTE OUR JUDGMENT FOR THAT OF YOUR AGENCY. SEE B-162741, MARCH 21, 1968, COPY ENCLOSED.

WITH RESPECT TO YOUR CLAIM FOR ADDITIONAL REIMBURSEMENT FOR THE 30 DAY PERIOD OF AUTHORIZED OCCUPANCY OF TEMPORARY QUARTERS YOU BELIEVE YOUR CLAIM WAS DENIED BECAUSE "I OWNED A HOUSE WHICH I DID NOT MOVE INTO AND *** I RENTED FROM MY MOTHER." IN THIS CONNECTION, WE HAVE HELD THAT THE FACT THAT THE TEMPORARY QUARTERS OCCUPIED BY AN EMPLOYEE ARE IN THE HOME OF A RELATIVE DOES NOT PRECLUDE REIMBURSEMENT OF THE SUBSISTENCE ALLOWANCE. B-161796, SEPTEMBER 1, 1967, COPY ENCLOSED.

AS STATED IN OUR CLAIMS DIVISION SETTLEMENT, SUBSECTION 2.5D(1) OF OMB CIRCULAR NO. A-56 PROVIDES THAT REIMBURSEMENT FOR OCCUPANCY OF TEMPORARY QUARTERS SHALL BE ONLY FOR ACTUAL SUBSISTENCE EXPENSES INCURRED PROVIDED THESE ARE REASONABLE AS TO AMOUNT. IN THAT CONNECTION, AN OFFICIAL OF YOUR AGENCY HAS STATED THAT THE RENTAL OF $750 FOR 30 DAYS WHICH YOU CLAIM WAS EXCESSIVE AND THAT AN AMOUNT OF $300 WAS ALLOWED BASED ON A SURVEY OF PRICES FOR MONTHLY LODGING IN THE LITTLE ROCK AREA. YOU SAY THE AMOUNT PAID TO YOUR MOTHER ($750) WAS BASED ON MOTEL PRICES IN THE AREA (APPARENTLY ON A DAILY BASIS). HOWEVER, WE CANNOT ACCEPT YOUR STATEMENT AS OVERCOMING THAT OF YOUR AGENCY.

SUBPARAGRAPH C 10012-6, JTR, VOLUME 2, REQUIRES IN ACCORDANCE WITH SUBSECTION 2.5D(1) OF OMB CIRCULAR NO. A-56 THAT RECEIPTS FOR QUARTERS COSTS PAID MUST BE SUBMITTED IN SUPPORT OF A CLAIM FOR REIMBURSEMENT. OUR REVIEW OF THE RECORD FAILS TO DISCLOSE ANY RECEIPT FOR RENTAL OF THE QUARTERS YOU OCCUPIED; HOWEVER, WE ASSUME SUCH A RECEIPT MUST HAVE BEEN SUPPLIED TO SUPPORT THE ALLOWANCE MADE ADMINISTRATIVELY.

WE FIND NO BASIS UPON WHICH TO CHANGE THE ACTION OF OUR CLAIMS DIVISION IN YOUR CASE. THEREFORE, THE SETTLEMENT OF DECEMBER 28, 1971, MUST BE SUSTAINED.

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