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B-187212 1 (1977-03-07)

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DECISION


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THU  COMPYROLLER 421ENERAL
OF   THE   UNITEK ETATr
WASHINGTON, 0. C. 20543


FILE;   B-167212


DATe:   Nrch T, 1  


MATTEA   OF:  James C. Williams - Temporary Quarters -
              What Constitutes


DIGEST:


Employee  continued to occupy residence at
old duty station en rental basis, after he
had sold it, because.he was advised that
under such arrankeinent he could be reim-
bursed for temporary quartv :. expenses.
Reimbursement  is not authorL. ed becauie
there is no objective evidence of intention
by employee to vacate permanent residence
quarters. Incorrect advice by agency
officials cannot form basis for reimburse-
ment.


    This decision is in response to a request for (reconsideration
of our Claims Division Settlement Certificate Z-2583319, issued
May  10, 1976, which denied Mv. James C. Williams' claim for
temporary quarters a.llowance Incurred incident to a transfer.

    Mr. Willams,  an employee of the Federal Highway
Administration was traqsferred from Sacramento, California.
to Fort Worth. Texas, under the authorfty of Travel Order
No., 06-00-176 dated Ocitober 7, 1974. Mr. Williams sold his
residence in Sacramento, wIth settlement taking place on
Noveinber 12, 1974. Ac ordihg to Mr. Williams' statements in the
record, the buyers w6e to have occupancy at the close of escrow.
However,  settlnement could not take $lace intil the buyers were able
to transfer funds from oitside the United States.to a California bank.
Apparently at the same time Mr. Williams was notified that settle-
ment was scheduled for November 12,,' 1974, he was also told that
the buyers would not actuitlly take possession until the end of that
month because of a dclay 'in shipping fheir household goods. The
record does not disclose when the escrow period was completed,
when Mr. Williams was ntified of the proposed settlemnt date, nor
why settlement simply coiild not have been delayed until the end of
November,  when Mr. Williams was scheduled to be transferred,
and when the buyers were to receive their household goods.

   At some time prior to settlement, Mr. Williams questioned
officials of the Federal Highway Administration to ascertain whether
or not he could be reimbursed for temporary quarters expenses if
he rented his home from the buyers from the settlement date to the


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