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B-191597 1 (1978-11-08)

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         THIN COMPYROL6LER tRENNRAL
r    7N OF TOR uNiruc ETATEE
         WAUHINrirON. D. C. 20r348


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                    DATE:  November 8, 1975

John H. Curtin - Claim for Temporary Quarters
and Mileage for Transfer Travel of Dependents


1.  Employee's dependent wife and daughter who had
    returned from Bangkok, Thailand, in July 1975.
    were occupying residence quarters in Port Arth'ur,
    Texas, at time employee was authorized transfer
    from Bangkok to New Orleans in October 1975.
    Employee owned dwelling in Port Neches, Texas,
    which ne had rented out through October 1975.
    Dependents departed Port Arthur and occupied
    ,dwelling,in Port Neches for period November 24
    through December 18, 1975. Circumstances show
    that dwelling in Port Neches was temporary
    quarters.  What constitutes temporary quarters
    is not susceptible of precise definition and is
    cetermined by particular facts involved and
    intent of parties.

2.  E  1'byee occupied temporary quarters in New
    Orleans while his two dependent3 occupied
    .thoporary quarters in Port Nechtit, Texas.
    Emjloyee's itemized statement of dependents'
    ex enses of meals shows daily cost was dzuble
    the expenses for meals which he had incurred.
    Employee may not be allowed reimbursement for
    depnndents' meals on the basis of evidence
    prei;ented. Paragraph 2-5.4 of the FTR allows
    reimbursement only for actual expenses incurred.

3.  Employee may be reimbursed for mileage incident
    t3 his depeddents' travel by privately owned auto-
    mobile in connection with his transfer'in
    November 1975, even though agency is not certain
    as to precise date travel occurred, either November
    or December 1975. Only requirement with regard
    to timing of dependent 'travel as condition for
    reimbursement is found at para. C7001 of JTR and
    para. 2-1.5b(2) of FTR which provides that all
    transportation for dependents must begin within
    2 years from date employee reports for duty at new
    duty station.


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FILE:  8-191597

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