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B-231406 1 (1989-03-22)

handle is hein.gao/gaobadnko0001 and id is 1 raw text is: The Comptroller General of the United States Washinon, D.C. 26 Decision Robert Kamiyama - Living Quarters Allowance - Matter of. Rent Portion File: B-231406 Date: March 22, 1989 DIGEST Upon occupying rental quarters overseas, the employee claims he is entitled to the rental portion of the living quarters allowance authorized by 5 U.S.C. S 5923(2) (1982), despite the fact that he had previously owned and occupied a home at the same post for more than 10 years. We hold that the 10-year limitation on reimbursement of a rent substitute when the employee owns quarters did not bar his entitlement to rent reimbursement upon occupying rental quarters. DECISION The issue raised by the United States Marine Corps in forwarding this claim to us is whether an employee sta- tioned in a foreign area is entitled to the rental portion of the living quarters allowance authorized under 5 U.S.C. S 5923(2) (1982) while occupying rented quarters when the employee had previously received the maximum 10-year rent substitute while occupying privately-owned quarters at the same post.l/ We conclude, for the reasons stated below, that the employee is entitled to the rental portion of the allowance under these circumstances. Mr. Kamiyama, a civilian employee of the United States Marine Corps, owned a home in Okinawa near his duty station where he resided between August 14, 1958, and June 24, 1978, when he sold the home and moved into qovernment-furnished quarters. On June 10, 1983, he was required to vacate the government-furnished quarters and he rented a home, at which time the Marine Corps began paying him the full Living Quarters Allowance, including rent and utilities. However, the Marine Corps terminated the rental portion of the Living Quarters Allowance beginning March 27, 1985, and collected back the rental portion it had paid him since June 10, 1983. I/ Request by A. A. Fontana, by direction, Commandant of the Marine Corps. (Reference 12592, MPC.33) 0-4~49(.. / (3 2 V1

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