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B-194073 1 (1979-06-18)

handle is hein.gao/gaobadhhz0001 and id is 1 raw text is: DECISION THE COMPTROLLER GENERAL . OF THE UNITED STATES VA SH IN GTON 0 .C . 205 4 E ..- el 11 F U I FILE: B-194073 $ DATE: June 18, 1979 MATTER OF: mroslaw J. Yu'hishin - Subsistence while occuovina temporarv quarters 7 DIGEST: Employee of United States Department of the Army, Corps of Engineers, was transferred from Philadelphia, Pennsylvania, to Washington, D.C. He was authorized 24 days of temporary quarters subsistence expense (T-Ee'). He rented an apartment, moved in his household goods, and remngd e for 1 year before he purchased a home. Z OR may not b. d paid since thereA-40 o indication that employee intended the apartment to be other than his permanent residence. By letter of February 1, 1979, Mr. John H. Bransby, Finance and Accounting Officer, Baltimore District, United States Department of et C ieei euis an advance decision concerning the payment of subsistence while occupying temporary quarters (TQSE) claimed by Mr. Myroslaw J. Yuschishin, a Corps employee, incident to a permanent change of station. For the following reasons Mr. Yuschishin is not entitled to TQSE. The record indicates that by Travel Order No. PCS 77-19, Mr. Yuschishin was transferred from Philadelphia, Pennsylvania, to Washington, D.C. He was authorized TQSE for 24 days. In the Washington, D.C. area he rented an apartment which he occupied until he purchased a home 1 year later. Mr. Bransby states that the apartment constituted Mr. Yuschishin's permanent residence. The claim has been disallowed. At the time Mr. Yuschishin rented the apartment he moved in all of his household goods. We are advised informally that he used the monthly rent as a base figure to arrive at his average quarters cost a day and together with the cost of his meals he seeks reimbursement for these items as TQSE. The payment of subsistence while occupying temporary quarters is governed by part 5, chapter 2, of the Federal Travel Regulations (FTR) (FPMR 101-7) (May 1973). An employee may not be reimbursed for temporary quarters and subsistence expenses after he occupies the residence in which he intends to remain. 53 Comp. Gen. 508 (1974). However, where there is evidence that the employee has reasonably demonstrated his intent to use the quarters only on a temporary 1-

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