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B-185983 1 (1980-10-16)

handle is hein.gao/gaobadiqc0001 and id is 1 raw text is: 






DECISION





FILE:  B-185983


MATTER


DIGEST:


THE  COMVPTROLLER GENERAL
OF   THE UNITED STATES
WVASHINGTON, D.C. 20548




       DATE:  October 16, 1980


OF:  James R. Drayer - Reconsideration of Laim for
     temporary quarters allowance

Employee requests reconsideration of claim for
temporary quarters allowance while he occupied
residence at new duty station prior to settlement.
Although he may not have had knowledge of regula-
tion limiting reimbursement to temporary
quarters, employee's entitlement is limited to
that provided under law and regulations. Employee
may not be reimbursed for all out-of-pocket ex-
penses but only those expenses allowable under
Feder.al Trave ReJ. JA~Ltlato


     This decision responds to the request for reconsideration by
Mr. James R. Drayer of our decision B-185983, September 17, 1976,
denying.his claim for temporary quarters allowance incident to his
transfer to a new duty station.

     In our prior decision we held that where Mr. Drayer moved into
a residence he had contracted to purchase at the new duty station,
intending to occupy these quarters on a permanent basis, he could
not be paid temporary quarters allowance even though he paid rent to
the owner of this residence prior to settlement on his contract for
purchase.  In requesting reconsideration of our prior decision,
Mr. Drayer argues he had no knowledge of the regulations limiting
reimbursement to temporary, rather than permanent quarters. In
addition, he points out that since it takes 30 days to close a- home
loan, housing is needed and hotel or motel costs for that period
would be higher than the $10 per day rent he paid.] Finally,
Mr. Drayer contends that the regulations purport to reimburse the em-
ployee for his out-of-pocket expenses incurred in the transfer, and
he, therefore, claims reimbursement for the period of July 1975, for
rent paid on the residence at the new duty station as well as the
mortgage payment and taxes on his residence at the old duty station,
less the rent he received that month for his residence at the old
duty station.

     As we pointed out in our prior decision, an employee's
entitlement to subsistence while occupying temporary quarters termi-
nates when he occupies permanent residence quarter  Federal Travel


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