[Decision Concerning Air Force Officer's Claim for Temporary Lodging Expense Allowance]

B-225262: May 4, 1987

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The Air Force requested a decision regarding a transferred officer's claim for temporary quarters expenses. The officer claimed the cost of renting back his old residence for several days after he sold it. GAO held that: (1) the claimant did not occupy his former residence on a temporary basis; and (2) no unforeseen circumstances prevented the claimant from constructively vacating his former residence, but rather he arranged to continue to occupy it after the sale. Accordingly, the claim was denied.

MILITARY PERSONNEL - RELOCATION - TEMPORARY QUARTERS - DETERMINATION CRITERIA DIGEST: AN AIR FORCE OFFICER WHO WAS TRANSFERRED FROM ARKANSAS TO TEXAS CLAIMS A TEMPORARY LODGING EXPENSE ALLOWANCE BASED ON HIS CONTINUED OCCUPANCY OF HIS PERMANENT RESIDENCE IN ARKANSAS ON A RENTAL BASIS AFTER THE DATE HE SOLD IT. SO THAT THE RESIDENCE CANNOT BE CONSIDERED TO HAVE BEEN HIS "TEMPORARY" QUARTERS WITHIN THE MEANING OF THAT TERM UNDER THE APPLICABLE STATUTES AND REGULATIONS. TEMPORARY LODGING EXPENSE ALLOWANCE: THE ISSUE PRESENTED IN THIS CASE IS WHETHER AN AIR FORCE OFFICER WHO WAS TRANSFERRED FROM ARKANSAS TO TEXAS MAY BE PAID A TEMPORARY LODGING EXPENSE ALLOWANCE BASED ON HIS CONTINUED OCCUPANCY OF HIS PERMANENT RESIDENCE IN ARKANSAS ON A RENTAL BASIS AFTER THE DATE OF HIS SALE OF THE RESIDENCE. /1/ IN THE CIRCUMSTANCES PRESENTED.

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