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B-210305 1 (1983-08-24)

handle is hein.gao/gaobadlgw0001 and id is 1 raw text is: 








B-210305


THE COMPTROLLER GENERAL
OF THE UNITEO STATES
WASHINGTON, D.C. 20548



      DATE:   August 24, 1933


Robert T. Bolton - Subsistence expenses
incident to transfer


DIGEST:
   1. Employee who performed travel incident to
       transfer of duty station was delayed by
       breakdown of mobile home in which he and
       his family were traveling. On basis of
       such delay, he claimed temporary quarters
       expenses for a 6-day period during which
       the mobile home was being repaired.
       Temporary quarters expenses may not be
       paid since, for the period of actual
       travel en route to the new station, the
       employee's rights are limited by 5 U.S.C.
       S 5724a to an appropriate per diem allow-
       ance rather than temporary quarters
       expenses.


    2. Employee's entitlement to travel expenses
        en route to new station is generally
        limited to per diem for number of days
        authorized for travel. However, when
        employee is delayed en route for reasons
        acceptable to agency, per diem may be
        allowed for period of delay. Since
        employee here was delayed ty breakdown of
        his mobile home residence, he would have
        had to occupy temporary quarters, pending
        completion of repairs, even if he had
        proceeded directly to his new station.
        Under these circumstances, employee's per
        diem expenses may be allowed.

    The question presented is whether an employee who was
delayed en route to his new duty station by the breakdown of
his mobile home is entitled to temporary quarters expenses
for the period of the delay. We hold that the employee may
not be reimbursed for temporary quarters expenses since, for
actual travel en route to a new duty station, an employee's
rights are limited to an appropriate per diem allowance
rather than temporary quarters expenses. However, where the
agency determines that an employee was delayed en route for
reasons beyond his control or otherwise acceptable to the
agency, the employee may be reimbursed for per diem expenses
for the period of the delay en route. Since the employee in
this case was delayed by the breakdown of the mobile home in


/ -7, ; -, - I


DECISION


FILE:


MATTER OF:


2011

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