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B-194126 1 (1979-08-23)

handle is hein.gao/gaobadhoe0001 and id is 1 raw text is: 

u72


DECISION


FILE:  B-1

MATTER


DIGEST:


        THE   COMPTROLLER GENERAL
        OF THE UNITED STATES
        WASHINGTON, D.C. 20548
UNIT~


94126                     DATE:   August

OF:  Ronald L. Stukey - Subsistence while
     occupying temporary quarters (TQSE)


23, 1979


Employee who was transferred on a permanent change
of station (PCS) submitted a claim for subsistence
while occupying temporary quarters (TQSE) which he
occupied at the new duty station for more than
6 months.  A TQSE allowance may not be paid during
the period an employee occupies a residence in
which he intends to remain for more than a tempo-
rary period, irrespective of the absence of house-
hold effects which arrive at his new residence at
a later date.


     The issue in this case is whether an employee may be paid
subsistence while occupying temporary quarters (TQSE) upon a permanent
change of station (PCS) in the circumstances described. If such an
allowance is authorized a determination is needed as to whether the
claim for meals is unreasonable. The answer on the TQSE is no and
since no allowance is authorized, the reasonableness of the claim for
meals is immaterial.  The Defense Logistics Agency (DLA), Department
of Defense, by letter of February 7, 1979, requests an advance deci-
sion on the claim.

     Mr. Stukey was employed by the DLA with duty at the U.S. Naval
Base, Guantanamo, Cuba.  In December 1977 he received orders for a
PCS to the DLA Property Disposal Office, Norfolk, Virginia, effec-
tive January 16, 1978.  These orders were later amended to provide
an effective date of transfer to be February 1, 1978. Prior to
receiving orders for transfer, three of Mr. Stukey's dependent
children left Guantanamo in March 1977 to reside with relatives
in the continental United States. On January 17, 1978, Mr. Stukey's
wife and a dependent child traveled from Guantanamo to Virginia
Beach, Virginia.  Mrs. Stukey signed a lease for rental of a
residence at 1132 Gladiola Crescent, Virginia Beach, Virginia, some-
time after her arrival. However the lease bears the date January 1,
1978, and was for the term January 1, 1978, through January 31,
1978.  Mr. Stukey departed Guantanamo on January 31, 1978, and
arrived in Norfolk the same day and immediately took up residence
at 1132 Gladiola Crescent in Virginia Beach. The record is not
clear on what date Mrs. Stukey and the dependent children began


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