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B-211573 1 (1983-06-07)

handle is hein.gao/gaobadldc0001 and id is 1 raw text is: 







B-211573


TIAX COMPTROLLER GENERAL  J'4k5
OF THE UNITED STATES    1
WASHINGTON, 0. C. 20548




      DATE: June 7, 1983


MATTER OF: Bennett Y. Cowan, Jr., M.D.


Former military member seeks payment of
temporary lodging allowance for expenses he
incurred during a period when he resided in
temporary quarters. The claim may not be
paid because there is insufficient evidence
in the present record to support a conclu-
sion that appropriate authority determined,
under the applicable regulations, that he
was required to reside in hotel or hotel-
like accommodations during the period of
this claim, and that the accommodations he
stayed in were of that type.


     This action is taken upon the appeal by Bennett Y.
Cowan, Jr., M.D., a former captain in the United States
Army Medical Corps, of our Claims Group's denial of his
claim for temporary lodging allowances. We conclude that
the claim may not be paid on the basis of the present
record.

     Dr. Cowan claims a temporary lodging allowance for
the period of October 15 through November 30, 1978, while
he was serving with the 45th Field Hospital near Leghorn,
Italy. It appears that during the 47-day period covered
by the claim Dr. Cowan occupied a two-room apartment
equipped with a hot plate and small refrigerator. It is
indicated that he rented it on a daily basis, for which
he made rental payments every 10 days. It also appears
that he first arrived at that duty station on August 8,
1978, and was paid temporary lodging allowance for at
least part of the period from August through October 15.

     The authority fcr payment of temporary lodging
allowances is found in Part G, chapter 4, Volume 1, of
the Joint Travel Regulations (1 JTR), issued pursuant to
37 U.S.C. § 405 (1976). Paragraph M4303-1.1, 1 JTR
(change 307), in effect at the time this claim arose,
states in part as follows:

          * * *fTemFporary lodging allowances
     are authorized for the purpose of partial-
     ly reimbursing a member for the more than


DECISION


FILE:


DIGEST:.

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