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B-188436 1 (1978-03-15)

handle is hein.gao/gaobadfug0001 and id is 1 raw text is: D. We.ckopi ITh cxTO DECISION . -A 0 U VVW HILE: B-18b436 E COMPTflOLLER GENERAL f THE UNITED HrtrE 4SHINGTON. D.C. 23:4B DATE: March 15, 1978 MATTER OF: Linten Kelly - Remote Duty Station Allowance C,:GEST: Allowance under 5 U.S.C. 5942 (1976) is payable for dates employee commuted round trip between his resiaence in Las Vegas and his permanent duty sta- tion at the Nevada Test Site (NTS). Since employee rented a room at NTS on a continuous basis, 5 C.F.R. 591.306(c) precludes payments for dates he remained overnight at NTS, except that he may be paid a single allowance for the round Lri: from Las Vegas required for each per2od of temporery re:-Aence at NTS. This is in response to a request from Mr. P. K. Parke:r, a certifying officer, for a decision regaraing the propriety of official station allowance (OSA) payments made to Mr. Linden Kelly, an employee of the Energy Research and Development Adminisiration (ERDA), now part of the Department of Energy (DOE). Mr. Kelly has been employed by DOE and its predecessors, ERDA and the Atomic Energy Commission, since Aupsst 1, 1973, with his permanent duty station at the Nevada Test lite (NTS). While main- taining permanent residence in Las Vegas s nce June 1, 1968, Mr. Kelly also rents a room at Mercury, Mu-:ada, within INTS, on a continuous basis for his own personal con anionce. Apparently he utilizes his room at Merzury during nights he is requireo to work late at NTS and on nights when he has to work at NTS the following dty. Mr. Kelly has had the room at Mercury since August 21, 1973, and from that date through April 15, 1976, he received OSA payments for the following dates: :) those dates on which he commuted from Las Vegas to NTS and back again, (2) those dates on which he com- muted either from or to Las Vegas and stayed at NTS either the following or preceding night, and (3) those dates for whch there was an or-rational necessity to be at his duty station outside of the established work day. No records exist which distinguish th3 first two categories. The OSA payments to M;. Kelly for dates after April 15, 1976, have been suspended pending t.r decision in this case. / 1'. 'p I 1~ I ~, ---74 I

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