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B-194880 1 (1980-01-09)

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                       -     THE  COMPTROLLER GENERAL
DECISION *       OF THE UNITEO STATES
                             WASHINGTON, D.C. 20548
                    /N ITL-9


FILE:   B-1

MATTER


DIGEST:


08 Q


DATE: January   9,  1980


OF:  Richard W. Coon - Per diemA  Interrupted travel -
     Temporary quartert

1.  Per diem for employee's family was properly reduced
    for first day of travel by privately owned vehicle
    since family traveled only 140 miles en route to
    employee's new duty station and short distance
    resulted from personal business interrupting travel.
    Per diem is not payable for interrupted travel,
    even though family for entire trip exceeded 300-
    mile  minimum daily average required by FTR para.
    2-2.3d.  56 Comp. Gen. 104 (1976).


             2.  Employee is not entitled to temporary subsistence
                 allowance after moving from commercial lodging to
               * rented house since indefinite intent to purchase
                 home some time in the future did not change
                 character of rented house as permanent residence.
                 Comp. Gen. decisions cited.

     Ms. Sandra L. Schmick, Authorized Certifying Officer, Mine  W-210/  70
Safety and Health Administration (MSH1A), Department of Labor,
requests ou decision  on the claim of Richard W. Coon for per diem
and temporary quarters subsistence allowance incident to his change
of permanent duty station.

     The questions presented are whether it was proper for MSHA to
(1) reduce per diem for Mr. Coon's family members because they
interrupted travel to the new station by privately owned vehicle
(POV) for personal business and only traveled 140 miles on the first
day of travel; and (2) deny temporary quarters subsistence allowance
for the period after Mr. Coon and his family occupied a rented house
with an indefinite intent to purchase a home sometime in the future.

     Mr. Coon flew to Denver, Colorado, his new permanent duty
station, on June 4, 1978. Between July 12 and 16, 1978, Mr. Coon's
wife and four children traveled by POV from Warner Robins, Georgia,
to Denver.  The family drove only 140 miles in 11 hours to
Cartersville, Georgia, on July 12. However, they averaged 324
miles per day for the entire trip to Denver. The limited distance
traveled the first day resulted from personal business requiring
the family members to interrupt and curtail travel time en route.


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