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B-211626 1 (1983-07-19)

handle is hein.gao/gaobadlfw0001 and id is 1 raw text is: fg~~-~.THE COMPTROLLER GENYERALA? #~AJd OECISION . . OF THE UNITED STATES / WASHINGTON. 0. C. 20548 ON IT t FILE: B-211626 DATE: July 19, 1983 MATTER OF: J. Michael Tabor--Travel Expenses-- Determination of Actual Permanent Duty Station DIGEST: An employee was paid for his travel and subsistence expenses while allegedly on temporary duty in Washington, D.C., from October 1981 to April 1983. Whether a particular location should be consid- ered a temporary or a permanent duty station is a question of fact to be determined from the orders directing the assignment, the duration of the assign- ment, and the nature of the duties to be performed. Under the facts and circum- stances of this case, we conclude that employee's permanent duty station was actually Washington, D.C. He is not entitled to temporary duty expenses and his agency is directed to determine his entitlement to transfer expenses and to recoup any overpayments. INTRODUCT ION Representatives John D. Dingell, as Chairman, and Albert Gore, Jr., as Ranking Majority Member, Subcommittee on Oversight and Investigations of the House Committee on Energy and Commerce, by a letter dated May 10, 1983, requested that we review the claims of Mr. James Michael Tabor--an employee of the Economic Regulatory Administration (ERA), Department of Energy (DOE)--for travel expenses while allegedly on temporary duty from October 1981 to April 1983 away from Dallas, Texas--his designated permanent duty station. The temporary duty was performted priirily in Washington, D.C. Our review is undertaken pursw<.t to our authority to settle accounts and claims set fort.: in 31 U.S.C. SS 3526 and 3702 as codified by s ub. T 7-258, Septe.aoer 13, 1932, 96 Stat. 377, 964 and 970. Mr. Tabor and officials representing his j2ncy 'r, given the opportunity to p:ovide us with their views i:- this matter. While they indicated a desire to do so, nothing hac- been received. /1~

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