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B-186217 1 (1976-08-18)

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FILE:  B-186217


DATE: AUG 1 P1976


MATTER OF: Harry R. Nickless - Claim for Subsistence
               Expenses While Occupying Temporary Quarters


Forest ranger, who was transferred 27 miles, claimed
subsistence expenses while occupying temporary
quarters although paragraph 2-5.2h of Federal Travel
Regulations (FTR) limits payment of such allowance
when transfer is less than 40 miles to situation where
employee is awaiting arrival of shipment of household
goods.  Allowance is payable since employee occupied
Government-owned quarters at both locations, occupancy
of temporary quarters was required by Government's
need to paint and repair such quarters, and under
such circumstances FTR limitation is not applicable.


     Ms. Orris C. Huet, an authorized certifying officer at the
National Finance Center, Department of Agriculture, by letter of
March 25, 1976, requested an advance decision as to the propriety
of paying the claim of Mr. Harry R. Nickless for subsistence
expenr;cs while occipying temporary quartcrs. The clati arose
incident to a permanent chan-e-of-duty station from Penasco,
New Mexico, to Taos, New Mexico, a distance of 27 miles.

     Mr. Nickless, a district forest ranger, occupied
Government-owned housing at his old and his new duty stations,
both of which were located in Carson National Forest. The
record shows that at the time of Mr. Nickless' transfer he was
required to vacate the Government-owned residence at his old
duty station in order that said dwelling could be repainted
and prepared for occupancy by the replacement ranger. At the
same tine the Government-owned residence at his new duty station
was being repainted and repaired.  Hence, Mr. Nickless was forced
to obtain temporary quarters for 2 days incident to his transfer
while the Government performed maintenance on his old and new
residences.

     The certifying officer asked whether paragraph 2-5.2h of
the Federal Travel Regulations (FPMR 101-7, May 1973) proscribes


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