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B-196258 1 (1980-06-06)

handle is hein.gao/gaobadiih0001 and id is 1 raw text is: 







DECISION


(J.1ITED


FILE:  B-196258


THE  COMPTROLLER GENERAL
OF   THE UNITED STATES
WASH INGTON, O.C. 2054S


DATE:   i


June  6, 1980


MATTER OF: John J. Nc1lahon,   Jr.


DIGEST:


1.  Civilian employee of military stationed
    in Tehran, Iran, may not receive tempo-
    rary living allowance while residing in
    hotel room furnished at Government expense.
    He did not incur any lodging costs and tem-
    porary lodging allowance provided for at
    Section 121 of Standardized Regulations
    does not cover costs of meals and food.


           2. Civilian employee of military stationed in
              Tehran, Iran, is not entitled to reimburse-
              ment for all rental costs but to living
              quarters allowance as specified in Stand-
              ardized Regulations. Entitlement is set
              on yearly basis by Department of State and
              employee receives 1/365th for each day in
              quarters for which he pays until he trans-
              fers.  Where allowance was erroneously paid
              for 8 days after transfer because of confu-
              sion as to date of departure from Iran,
              overpayment is waived under 5 U.S.C. 5584.

           3. Civilian employee of military stationed in
              Tehran, Iran, is entitled to 10 percent
              post differential as specified in Stand-
              ardized Regulations until date of departure
              from Iran.  Where erroneous overpayments of
              differential for 8 days after employee trans-
              ferred from Iran were due to confusion as to
              date of departure, overpayment is waived
              under 5 U.S.C. 5584.

     Mr. John J. McMahon, Jr., appeals the settlement by the Claims
Division wherein hiscClaim 'f-$-5479-59%r
brce-4TLArnd                            LQA  was partially dis-
allowed.  As will be explained, we affirm the action of the Claims
Division with certain adjustments to the amounts allowed the
claimant.

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