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B-193903 1 (1979-06-19)

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       DECISION


FILE:  B-193903


  I -OR
y,   .THE COMPTROLLER GENERAL
        . OF   THE UNITED STATES
          WABHINGTON, D.C. 20549
                 I:         e    1


                 DATE:   June 19, 1979


MATTER OF: Kenneth A. Wendland


DIGEST:


Emplayeeiof U.S. Secret Service was transferred
from Stonewall, Texas,.to San Antonio, Texas.
Wulettationed   at 'Stonewall, he lived 60 'miles
awa   ueto  a lack ofXH6using at or near there.
Inident  to the transfer to San Antonio the,_
claimant incurred terhporary quarters expenses.
Claimant is not entitled to payment of TQSE'since
the ldistance between his new official station and
old residence is not more than 40 miles greater
than the distance between his old resideice and
his old official station. Para. 2-5.2h of the
FTR.  This mileage limitation has the force and
effect of law and may not be waived in any indi-
vidual case.


     The issue is whether Special Agent Kenneth A. Wendland, U.S.
Secret Service, is entitled topayment of subsistence while occupying
temporary quarters (TQSE) incident to his permanent change.of station
from Stonewall, Texas, to San Antonio, Texas. For the following
reasons Mr. Wendland's'claim is denied.

     'he question was presented by letter of January 5, i979, from
Mr. Duncan Calcote, Authorized Certifying Officer, U.S. Secret
Servic2.

     The record indicates that prior to Mr. Wendland's transfer
to San'AnLonio, Texas, he was assigned to the Johnson Protective
Division at Stonewall, Texas. Wthile stationed there he secured
a private residence in Austin, Texas, 60 miles from Stonewall.
The decision to live in Austin was not for the convenience or
benefit of Mr. Wendland but was precipitated by a lack of housing
in or near Stonewall.

     At'the time of his ttansfer to San Antonio Mr. Wendland was
authorized TQSE. The Authorized Certifying Officer questions this
in light of para. 2-5.2h of the Federal Travel Regulations (FTR)
(FPMR 101-7, May 1973).


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