B-175594, MAY 31, 1972
Highlights
FOWLER'S OCCUPANCY OF TEMPORARY QUARTERS BETWEEN ASSIGNMENTS WAS RELATED TO HIS TRANSFER AND NOT TO ANY PERSONAL BUSINESS. FOWLER WAS ON ANNUAL LEAVE AND HE DID NOT REPORT FOR DUTY AT HIS NEW OFFICIAL STATION UNTIL AUGUST 30. A RESIDENCE WAS LOCATED ON AUGUST 6. FOWLER AND HIS FAMILY WERE NOT ABLE TO OCCUPY IT UNTIL AUGUST 29. FOWLER MAY BE REIMBURSED FOR THE CLAIMED SUBSISTENCE ALLOWANCE RESTS ON THE FACT THAT THE EXPENSE WAS INCURRED WHILE MR. FOWLER WAS ON ANNUAL LEAVE AND AWAY FROM BOTH OLD AND NEW OFFICIAL STATIONS. THE KEY FACTOR IN THESE DECISIONS IS NOT THAT THE EMPLOYEE WAS AWAY FROM BOTH OLD AND NEW OFFICIAL STATIONS. THAT HE WAS AWAY ON PERSONAL BUSINESS NOT RELATED TO HIS TRANSFER.
B-175594, MAY 31, 1972
CIVILIAN EMPLOYEE - PERMANENT CHANGE OF STATION - TEMPORARY SUBSISTENCE EXPENSES - REIMBURSEMENT CONCERNING THE ENTITLEMENT OF ROBERT B. FOWLER TO REIMBURSEMENT OF TEMPORARY SUBSISTENCE EXPENSES INCURRED DURING ANNUAL LEAVE INCIDENT TO A PERMANENT CHANGE OF STATION AS AN EMPLOYEE OF THE NATIONAL SECURITY AGENCY. UNLIKE PRIOR DECISIONS, MR. FOWLER'S OCCUPANCY OF TEMPORARY QUARTERS BETWEEN ASSIGNMENTS WAS RELATED TO HIS TRANSFER AND NOT TO ANY PERSONAL BUSINESS, SINCE HE USED HIS ANNUAL LEAVE TIME EXPEDITIOUSLY IN LOCATING A NEW PERMANENT RESIDENCE. ACCORDINGLY, THE ENCLOSED VOUCHER MAY PROPERLY BE CERTIFIED FOR PAYMENT.
TO MR. GILBERT H. DAWSON:
YOUR LETTER OF MARCH 24, 1972, REFERENCE N41/0455F, WITH ENCLOSURE, REQUESTS OUR DECISION WHETHER MR. ROBERT B. FOWLER, A CIVILIAN EMPLOYEE OF THE NATIONAL SECURITY AGENCY, MAY BE PAID ON THE ENCLOSED VOUCHER IN THE AMOUNT OF $673.95, WHICH REPRESENTS SUBSISTENCE EXPENSES INCURRED WHILE MR. FOWLER AND HIS FAMILY OCCUPIED TEMPORARY QUARTERS INCIDENT TO A PERMANENT CHANGE OF STATION FROM ASMARA, ETHIOPIA, TO FORT GEORGE G. MEADE, MARYLAND.
AFTER THEIR ARRIVAL IN THE UNITED STATES, MR. FOWLER AND HIS FAMILY TRAVELED TO ARDMORE, PENNSYLVANIA, WHERE THEY OCCUPIED TEMPORARY QUARTERS FROM JULY 30, 1971, THROUGH AUGUST 28, 1971, AND INCURRED THE CLAIMED SUBSISTENCE EXPENSES. DURING THIS TIME, MR. FOWLER WAS ON ANNUAL LEAVE AND HE DID NOT REPORT FOR DUTY AT HIS NEW OFFICIAL STATION UNTIL AUGUST 30, 1971. WHILE OCCUPYING TEMPORARY QUARTERS IN PENNSYLVANIA, MR. FOWLER MADE SEVERAL TRIPS TO THE FORT MEADE AREA TO LOCATE A PERMANENT RESIDENCE. A RESIDENCE WAS LOCATED ON AUGUST 6, 1971, BUT MR. FOWLER AND HIS FAMILY WERE NOT ABLE TO OCCUPY IT UNTIL AUGUST 29, 1971.
YOUR DOUBT AS TO WHETHER MR. FOWLER MAY BE REIMBURSED FOR THE CLAIMED SUBSISTENCE ALLOWANCE RESTS ON THE FACT THAT THE EXPENSE WAS INCURRED WHILE MR. FOWLER WAS ON ANNUAL LEAVE AND AWAY FROM BOTH OLD AND NEW OFFICIAL STATIONS. IN THIS CONNECTION YOU REFER TO THREE OF OUR DECISIONS WHICH DENIED REIMBURSEMENT FOR SUBSISTENCE EXPENSES "INCURRED BY THE EMPLOYEE AWAY FROM HIS OLD AND NEW OFFICIAL DUTY STATIONS ON PERSONAL BUSINESS." SEE B-169525, MAY 11, 1970; B-168218, AUGUST 11, 1970; B- 170336, OCTOBER 29, 1970. THE KEY FACTOR IN THESE DECISIONS IS NOT THAT THE EMPLOYEE WAS AWAY FROM BOTH OLD AND NEW OFFICIAL STATIONS, BUT THAT HE WAS AWAY ON PERSONAL BUSINESS NOT RELATED TO HIS TRANSFER. SINCE MR. FOWLER ACTED EXPEDITIOUSLY IN LOCATING A PERMANENT RESIDENCE AT HIS NEW STATION WHILE ON ANNUAL LEAVE AND OCCUPIED THIS RESIDENCE AS SOON AS IT BECAME AVAILABLE, WE HAVE CONCLUDED THAT MR. FOWLER'S OCCUPANCY OF TEMPORARY QUARTERS IS RELATED TO HIS TRANSFER AND NOT TO ANY PERSONAL BUSINESS.
ACCORDINGLY, THE VOUCHER RETURNED HEREWITH MAY BE PROCESSED FOR PAYMENT IF OTHERWISE CORRECT.