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B-198438 1 (1983-03-02)

handle is hein.gao/gaobadkxj0001 and id is 1 raw text is: THE COMPTROLLER OENERAL52 436? DECISION OF THE UNITED STATES WAS H I NGTO N. 0. C. 20548 FILE: B-198438 DATE: March 2, 1983 MATTER OF: Raymond Eluhow - Reimbursement of Travel Expenses DIGEST: Burden is on the claimant to establish the liability of the United States and the claimant's right to payment. Thus, a Department of Housing and Urban Develop- ment (HUD) employee, appealing HUD's denial of reimbursement for certain travel expenses claimed to have been incurred while on temporary duty, may not be reim- bursed for those expenses for lodging which he cannot convincingly demonstrate were both actually incurred in the amount claimed and essential, both as to amount and purpose, to transacting official business. In April 1980, Mr. S. Saunders, an authorized certifying officer at the Department of Housing and Urban Development (HUD) in Washington, D.C., requested an advance decision as to whether Mr. Raymond Eluhow, a HUD employee, was entitled to reimbursement for certain travel expenses incurred while on temporary duty. In June 1980, this Office responded to Mr. Saunders' request by noting that Mr. Eluhow was raising the same claim in an age discrimination suit. Since the claim was being litigated in a court of competent jurisdic- tion, we found that it would be inappropriate for this Office to render a decision on the same matter. After the court dismissed the age discrimination suit, Mr. Eluhow requested that we reopen his claim for reimbursement of travel expenses. For the reasons stated below, we conclude that Mr. Eluhow is entitled to reimbursement for lodging based on a monthly rental of $300, and to reimbursement for otherwise appropriate subsistence expenses. Mr. Eluhow, whose permanent duty station was Washington, D.C., was sent by HUD to Las Vegas, Nevada, to assist the United States Attorney in the preparation of a case for trial. Mr. Eluhow was authorized to travel from October 24, 1978, to December 5, 1978. After arriving in Las Vegas on October 24, 1978, Mr. Eluhow checked into the Holiday Inn. Hotel records indicate that he remained registered at the hotel from October 24 to the morning of November 9. On November 8, Mr. Eluhow signed a lease for the rental of a ~1~' - -

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