B-176927, DEC 13, 1972

B-176927, DEC 13, 1972

CIVILIAN PERSONNEL - TEMPORARY QUARTERS SUBSISTENCE EXPENSES DECISION ALLOWING IN PART THE CLAIM OF CHARLES A. WALKER, FOR REIMBURSEMENT FOR TEMPORARY QUARTERS SUBSISTENCE EXPENSES FOR THE PERIOD FEBRUARY 19-24, 1970, INCIDENT TO HIS PERMANENT CHANGE OF STATION AS AN EMPLOYEE OF THE AIR NATIONAL GUARD. THE PERIOD FOR WHICH AN EMPLOYEE AND HIS FAMILY MAY BE REIMBURSED TEMPORARY QUARTERS SUBSISTENCE EXPENSES MUST BEGIN NOT LATER THAN 30 DAYS AFTER THE FAMILY VACATES THE RESIDENCE AT THE OLD OFFICIAL STATION. OMB CIRCULAR NO. A-56, SECTION 2.5B(5). HOWEVER, THIS ELIGIBILITY TERMINATES UPON OCCUPYING PERMANENT QUARTERS.

TO MR. CHARLES A. WALKER:

WE REFER FURTHER TO YOUR LETTER OF JULY 13, 1972, WHICH APPEALS THE DISALLOWANCE AS STATED IN OUR TRANSPORTATION AND CLAIMS DIVISION SETTLEMENT OF MAY 12, 1972, OF YOUR CLAIM FOR REIMBURSEMENT FOR TEMPORARY QUARTERS SUBSISTENCE EXPENSES FOR THE PERIOD FEBRUARY 19-24, 1970, INCIDENT TO YOUR PERMANENT CHANGE OF STATION AS AN EMPLOYEE OF THE AIR NATIONAL GUARD.

THE RECORD SHOWS THAT PURSUANT TO TRAVEL ORDER TO 2-47, DATED FEBRUARY 14, 1970, YOU WERE AUTHORIZED A PERMANENT CHANGE OF STATION FROM ST. LOUIS, MISSOURI, TO JEFFERSON CITY, MISSOURI. YOUR REPORTING DATE AT YOUR NEW DUTY STATION WAS LISTED AS NOVEMBER 3, 1969, AND TEMPORARY QUARTERS SUBSISTENCE ALLOWANCE WAS AUTHORIZED FOR UP TO 30 DAYS. THE RECORD SHOWS THAT THIS WRITTEN ORDER WAS A CONFIRMATION OF VERBAL ORDERS WHICH HAD BEEN GIVEN BY YOUR COMMANDER DIRECTING YOU TO TRAVEL TO YOUR NEW DUTY STATION ON NOVEMBER 3, 1969. YOUR DEPENDENTS DID NOT PROCEED TO YOUR NEW DUTY STATION UNTIL FEBRUARY 19, 1970. YOU AND YOUR DEPENDENTS OCCUPIED QUARTERS FROM FEBRUARY 19 TO FEBRUARY 21, 1970. ON FEBRUARY 21 YOU MOVED INTO PERMANENT QUARTERS. YOU ARE CLAIMING REIMBURSEMENT FOR TEMPORARY QUARTERS SUBSISTENCE EXPENSES FOR THE PERIOD FEBRUARY 19-20, AND SUBSISTENCE EXPENSES FOR THE PERIOD FEBRUARY 21-24, 1970. THIS IS THE ONLY PERIOD FOR WHICH CLAIM FOR TEMPORARY QUARTERS HAS BEEN MADE.

SECTION 2.5B(5) OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-56, REVISED JUNE 26, 1969, STATES:

"(5) THE USE OF TEMPORARY QUARTERS FOR SUBSISTENCE EXPENSE PURPOSES UNDER THESE PROVISIONS MAY BEGIN AS SOON AS THE EMPLOYEE'S TRANSFER HAS BEEN AUTHORIZED AND THE WRITTEN AGREEMENT REQUIRED IN 1.3C HAS BEEN SIGNED. ORDER TO BE ELIGIBLE FOR THE TEMPORARY QUARTERS ALLOWANCE, THE PERIOD OF USE OF SUCH QUARTERS FOR WHICH A CLAIM FOR REIMBURSEMENT IS MADE MUST BEGIN NOT LATER THAN 30 DAYS FROM THE DATE THE EMPLOYEE REPORTED FOR DUTY AT HIS NEW OFFICIAL STATION, OR IF NOT BEGUN DURING THIS PERIOD, THEN NOT LATER THAN 30 DAYS FROM THE DATE THE FAMILY VACATES THE RESIDENCE AT THE OLD OFFICIAL STATION BUT NOT BEYOND THE MAXIMUM TIME FOR BEGINNING ALLOWABLE TRAVEL AND TRANSPORTATION."

THE RECORD SHOWS THAT EVEN THOUGH YOUR DEPENDENTS DID NOT ARRIVE AT YOUR NEW DUTY STATION UNTIL SEVERAL WEEKS AFTER YOU REPORTED FOR DUTY, OCCUPANCY OF TEMPORARY QUARTERS COMMENCED WITHIN THE TIME REQUIREMENTS OF SECTION 5, ABOVE QUOTED, AND THAT TEMPORARY QUARTERS WERE AUTHORIZED BY THE TRAVEL ORDERS DATED FEBRUARY 14, 1970. IT IS THEREFORE CONCLUDED THAT YOU ARE ENTITLED TO SUBSISTENCE EXPENSES FOR FEBRUARY 19 AND 20, 1970, WHILE YOU AND YOUR FAMILY WERE OCCUPYING TEMPORARY QUARTERS. HOWEVER, SINCE YOU MOVED INTO PERMANENT QUARTERS ON FEBRUARY 21, 1970, YOUR ELIGIBILITY FOR TEMPORARY QUARTERS SUBSISTENCE ALLOWANCE TERMINATED ON THAT DATE. WE HAVE CONSISTENTLY HELD THAT TEMPORARY QUARTERS ALLOWANCE MUST BE DENIED FOR ANY PERIOD AFTER AN EMPLOYEE AND HIS FAMILY BEGIN RESIDENCE IN THE DWELLING THEY WILL OCCUPY PERMANENTLY. YOUR INABILITY TO HAVE THE GAS CONNECTED BEFORE FEBRUARY 24 DOES NOT OVERCOME THE PROVISIONS OF THE REGULATION AND DECISIONS THEREON. SEE 46 COMP. GEN. 709 (1967).

A SETTLEMENT WILL BE ISSUED IN YOUR FAVOR BY OUR TRANSPORTATION AND CLAIMS DIVISION FOR ALLOWANCE OF THE AMOUNT FOUND DUE FOR FEBRUARY 19 AND 20, TO BE COMPUTED IN ACCORDANCE WITH SECTION 2.5D OF CIRCULAR NO. A-56.