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B-193393 1 (1979-04-17)

handle is hein.gao/gaobadhdh0001 and id is 1 raw text is: 




DECISION


~\   THE  COMPTROLLER G3ENERAL
     OF   THE UNITED STATES
     WVASHINGTON,  0  C. 20548


    FILE: B-193393                   DATE:  April 17, 1979

    MATTER   OF: Mr. J. L. Henderson, Jr.


    DIGEST:   1. Where an employee of the Federal Government
                 is transferred on a permanent changeo
                 stafion, he-is entitled to a temporary quarters
                 subsistence allowance under the provisions
                 oT 5 U. S. C. 5724a(a)(3), subject to certain limi-
                 tations, between the time he moves out of
                 permanent quarters at the old station and
                 beginning actual travel to the new station and
                 between arrival at the new station and acquisi-
                 tion of permanent quarters at that location;
                 however, for the period of actual travel (en
                 route) the employee's rights are limited by
                 5 U. S. C. 5724a(a)(1) to per diem for the number
                 of days officially authorized for such travel.

             2.  Where an employee of the Federal Government
                 is transferred on a permanent change of station,
                 and authorized 15 days' travel, but because of
                 personal- nrred delatys-whilTen
                 route, in the absence of an administrative deter-
                 iiffhion of official necessity to cover the delays
                 en route, reimbursement for any portion of addi-
                 tional temporary living expenses incurred is not
                 authorized. He is entitled only to per diem under
                 5 U.S. C. 5724a(a)(1) for the 15 days of authorized
                 travel time.

    This action is in response to a letter dated August 25, 1978, from
Mr.  J. L. Henderson, -Jr., an employee of the U
Sardic,  concerning his claim for certain relocation allowances  90e
believed due incident to a permanent change of- station transfer in
1972.

    The matter of this claim was the subject of a settlement by our
Claims Division, dated May 1, 1978, which disallowed his claim for
temporary quarters subsistence allowance for any of the period he
was en route to his new permanent duty station.

   In response to that settlement, the employee contends that under
the applicable regulations he is entitled to both per diem and to


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