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B-188604 1 (1978-02-14)

handle is hein.gao/gaobadfrx0001 and id is 1 raw text is: 49 DECISION FILE: 3-188604 MATTER OF: DIGEBT: H. Dunn THE COMPTROLLERg GENERAL OF THE UNJITEO STATES WASHINGTON. 0, 0. 20548 DATE: February 114, 1978 Kenton L. Culbertson - Temporary Quarters Subsistence Allowance - Lease Termins.on Expense Claim of employee for temporary quarters sub- sistence allowance at old duty station from December 28 - 31, 1976, is not allowable, even though he vacated residence incident to transfer. P&.m.ly occupied permanent residence at new station on December 23 and FTR para. 2-5.2f states allowance terminates when employee or member of immediate family occupies permanent residence. Also, partial withholding of security deposit under rental agree- ment at old duty station was related to extensions of agreement, not premature termination of agree- ment, and therefore, does not qualify under FTR para. 2-6.2h for reimbursement. This matter concerns the request of John H. Branaby, a Finance and Accounting Officer, for an advance decision as to the propriety if paying the claim of Kenton L. Culbertson, an employee of the Army Corps of Engineers, Brltimore, Maryland, for temporary quarters subsistence allowance while performing duty at his former permanent duty station in Brockton, Massachusetts. The record indicates that Mr. Culbertson was issued a travel authorization dated December 21, 1976, transferring him to the Corps of Engineers, Baltimore, Maryland, from the Veterans admin- istration, Brockton, Massachusett.i, with a reporting date of January 3, 1977. The record indicates that Mr. Culbertson vacated his Brockton residence on December 21, 1976, and his family occupied thelz new living quarters in Baltimore on December 23, 1976. How- ever, since the Veterans Administration would nol release Mr. Ctlbertson for transfer until January 1, 1977, it became necessary for Mr. Culbertson to occupy temporary living quarters during the pe- riod of December 28 - 31, 1976, for which he sweks an allowance. It is clear under paragraph 2-5.2f of the Federal Travel Regulations (FPMR 101-7, May 1, 1973) that the temporary quarters subsistence allowance terminates when the employee or any member of his immediate family occupies permanent quarters. Therefore, although an employee may be paid an allowance while occupying tem- porary quarters at his old station after vacating his permanent 9 Y 4~~~I I

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