B-175032, MAR 30, 1972

B-175032, MAR 30, 1972

CIVILIAN EMPLOYEE - TEMPORARY QUARTERS ALLOWANCE - REIMBURSEMENT DECISION DENYING THE CLAIM OF CHARLES H. ERNST FOR TEMPORARY SUBSISTENCE AND QUARTERS ALLOWANCE AS A CIVILIAN EMPLOYEE OF THE DEPARTMENT OF THE ARMY. CLAIMANT'S INTENT TO MOVE INTO LARGER QUARTERS AT SOME FUTURE DATE, ESPECIALLY WHERE THE RECORD INDICATES THAT HIS PRESENT QUARTERS MAY PROVE ADEQUATE FOR HIM AND HIS WIFE WHEN SHE ARRIVES, IS NOT A SUFFICIENT BASIS FOR DETERMINING THAT THE SMALLER APARTMENT CONSTITUTES TEMPORARY QUARTERS. ACCORDINGLY, THE ENCLOSED VOUCHER MAY NOT BE CERTIFIED FOR PAYMENT.

TO MAJOR J. G. DUNCAN:

THIS REFERS TO YOUR LETTER OF AUGUST 18, 1971, REFERENCE ALBKCP-FAP, FORWARDED HERE BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE ON JANUARY 20, 1972, PDTATAC CONTROL NO. 72-1, FOR AN ADVANCE DECISION WHETHER PAYMENT MAY BE MADE ON THE RECLAIM VOUCHER IN FAVOR OF MR. CHARLES H. ERNST REPRESENTING TEMPORARY SUBSISTENCE AND QUARTERS ALLOWANCE FOR HIMSELF FOR THE PERIOD APRIL 9 THROUGH MAY 6, 1971.

THE INFORMATION FURNISHED SHOWS THAT MR. ERNST, AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY, WAS TRANSFERRED FROM FORT SHERIDAN, ILLINOIS, TO FORT SAM HOUSTON, SAN ANTONIO, TEXAS, AND ARRIVED IN SAN ANTONIO ON APRIL 7, 1971. ON APRIL 7 AND 8, 1971, HE STAYED IN A MOTEL AND FURNISHED A RECEIPT SHOWING THE COST OF THE ROOM PLUS COST OF LAUNDRY AND CLEANING. ON APRIL 9, 1971, HE MOVED INTO A ONE BEDROOM APARTMENT AND STATES THAT AFTER MOVING IN HE HAD TO PURCHASE ALL HOUSEHOLD EQUIPMENT SUCH AS DISHES, BED LINEN, ETC., SINCE HIS HOUSEHOLD GOODS REMAINED AT FORT SHERIDAN WITH HIS WIFE WHO EXPECTS TO JOIN HIM IN JUNE 1972. HE CLAIMS REIMBURSEMENT OF HIS COSTS OF SUBSISTENCE FOR THE 28 DAYS WHILE OCCUPYING THOSE QUARTERS UNDER THE PROVISIONS OF 5 U.S.C. 5724AA)(3) AND SECTION 2.5 OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-56. THE ONLY INFORMATION FURNISHED TO ESTABLISH THAT THE QUARTERS HE NOW OCCUPIES MAY BE CONSIDERED TEMPORARY QUARTERS AS REQUIRED UNDER THE CITED LAW AND REGULATIONS IS MR. ERNST'S STATEMENT THAT WHEN HIS WIFE JOINS HIM IN JUNE 1972 HE WILL OCCUPY LARGER QUARTERS IN ORDER TO ACCOMMODATE HIS HOUSEHOLD GOODS AND SUPPORT THE NORMAL HOUSEHOLD ACTIVITIES. THE RECORD INDICATES THAT THE ONLY DEPENDENT MR. ERNST HAS IS HIS WIFE. NO INFORMATION IS FURNISHED WHY HIS WIFE IS REMAINING IN THE RESIDENCE AT THE OLD DUTY STATION UNTIL JUNE 1972 NOR WHY THE APARTMENT MR. ERNST IS OCCUPYING IS NOT ADEQUATE QUARTERS FOR THE TWO OF THEM WHEN SHE DOES ARRIVE SOME TIME IN THE FUTURE. MR. ERNST DID SAY THAT THE QUARTERS HE IS OCCUPYING ARE NOT LARGE ENOUGH TO ACCOMMODATE HIS FURNITURE WHEN IT DOES ARRIVE, HOWEVER, THE FACT REMAINS THAT HE DID PURCHASE NEW HOUSEHOLD EQUIPMENT TO FURNISH THE APARTMENT HE IS NOW OCCUPYING. THE EMPLOYEE'S INTENT SOME 15 MONTHS AFTER HIS TRANSFER TO MOVE INTO LARGER QUARTERS AT SOME LATER DATE WHEN THE RECORD INDICATES THAT THE QUARTERS HE IS NOW OCCUPYING MAY BE ADEQUATE TO ACCOMMODATE HIM AND HIS WIFE WHEN SHE ARRIVES IS NOT CONSIDERED A SUFFICIENT BASIS FOR A DETERMINATION THAT THE SMALLER APARTMENT WAS TEMPORARY QUARTERS. SEE B- 163043 DATED JANUARY 12, 1968, COPY ENCLOSED.

ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD, THE VOUCHER WHICH IS RETURNED HEREWITH MAY NOT BE CERTIFIED FOR PAYMENT.