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B-193958 1 (1979-05-29)

handle is hein.gao/gaobadhgm0001 and id is 1 raw text is: I. / DATE: May 29, 1979 MATTER OF: Bernice S. Limberg DIGEST: Transferred employee acquired custody of her niece two weeks after permanent change of station. Subsequent change in regulations to include legal minor wards or other dependent children under legal guardianship is effective prospectively. Claim for subsistence For 4 2,etc while occupying temporary quarters is denied since only applicable definition of dependent at time of travel does not include niece. By letter of January 12, 1979, Major T.R. Moody, / Accounting and Finance Officer, Wright-Patterson Air Force Base, Oho-equests a decision concerning the reimbursement of subsistenc-wh-i-e occupying temporary quarters (TQSE) to Mrs. Bernice Limberg for a niece committed to her temporary custody incident to a permanent change of station. For the following reasbns Mrs. Limberg is not entitled to reimbursement. The record indicates that on July 15, 1976, Travel Order No. AA-2138, was issued authorizing Mrs. Limberg, a civilian employee of the U.S. Air Force, and her dependent daughter to move from Dayton, Ohio, to the Battle Creek, Michigan area. Approximately two weeks later, the Court of Common Pleas, Juvenile Division, Montgomery County, Ohio, issued a decree placing Doris Pytel (claimant's niece) in Mrs. Limberg's temporary custody. The authorized travel was subsequently completed by Mrs. Limberg, her daughter and her niece. Payment was made according to the orders. Mrs. Limberg now seeks reimbursement for TQSE for the niece. Legal rights and liabilities incident to travel allowances vest at the time the travel is performed under the travel orders which may not be revoked or modified retroactively to increase or decrease rights and liabilities. An exception may be made only wheh an error is apparent on the face of the orders and all facts and circumstances FILE: B-193958 p THE COMPTROLLER GENERAL DECISION . . OF THE UNITED STATES WASHINGTON, D.C. 20548

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