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B-228623 1 (1988-01-04)

handle is hein.gao/gaobadmyp0001 and id is 1 raw text is: 



0The Comptroller General
           of the United States
           Washington, D.C. 20548

           Decision

                      Ernesto L. Montoya - Temporary Quarters
                      Subsistence Expenses - Vacating Former Residence
           Matter of:
                      B-228623
           File:

           Date:      January 4, 1988

           DIGEST

           A transferred employee claims entitlement to temporary
           quarters subsistence expense reimbursement for himself and
           his immediate family at his new station even though the
           family returned to their former residence 2 months later and
           remained there for a protracted time. The claim for
           temporary quarters for the family at the new duty station
           may be allowed. At issue is whether there. is objective
           evidence of intent to vacate the former residence. We find
           that the requisite intent to vacate the former residence has
           been manifested since their former residence had been put up
           for sale, their household goods shipped and placed in
           storage at the new duty station, and the events which
           compelled their return did not arise until after they
           traveled to the new duty station. John L. Reid, B-227193,
           Oct. 16, 1987.

           DECISION

           This decision is in response to a request from the Chief,
           Financial Services Section, Mine Safety and Health
           Administration, U.S. Department of Labor. It concerns the
           entitlement of one of its employees to be reimbursed for
           temporary quarters subsistence expenses incident to a
           permanent change of station in March 1984. The claim may be
           allowed for the following reasons.

           BACKGROUND

           Mr. Ernesto Montoya, an employee of the Mine Safety and
           Health Administration, was involved in two permanent change-
           of-station transfers. The first transfer was from Rolla,
           Missouri, to Logan, West Virginia, in November 1982, and the
           second was from Logan, West Virginia, to Craig, Colorado, in
           March 1984.

           Incident to the first transfer, Mr. Montoya was authorized
           the full range of relocation expenses for himself, his


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