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B-198920 1 (1980-11-28)

handle is hein.gao/gaobadiso0001 and id is 1 raw text is: o THE COMPTROLLER GENERAL DECISION . . OF THE UNITED STATES WASHINGTON, D. C..20548 FILE: B-198920 DATE:November 28, 1980 MATTER OF: James P. Driscoll - Temporary quarters subsistence expenses DIGEST: In order for his children to finish school term at old duty station, em- ployee of Bureau of Indian Affairs arranged in advance to rent former residence after date of sale in con- nection with transfer from Palm Springs to Riverside, California. Claim for temporary quarters sub- sistence expenses for period of continued occupancy of former residence may not be certified for payment since record does not pro- vide objective evidence of intent to vacate former residence so as to entitle employee to reimbursement under FTR para. 2-5.2C. Josephine Montoya,Lan authorized certifying officer for the Bureau of Indian Affairs, U.S. Depart- ment of the Interior, has requested an opinion of this Office on the claim of Mr. James P. Driscoll for temporary quarters expenses in connection with his official transfeJ from Palm Springs to Riverside, California. In the circumstances presented, we can- not authorize the reimbursement to Mr. Driscoll of the temporary quarters expenses claimed. Briefly, Mr. Driscoll's official transfer from Palm Springs to Riverside, California, was effective on March 12, 1979. In connection with his transfer Mr. Driscoll sold his residence at the old official duty station on April 29, 1979, but made provisions in the contract of sale that he be allowed to rent- back his former residence. The record shows that Mr. Driscoll's supervisor advised him that such an arrangement would be acceptable to the agency so that Mr. Driscoll would not have to move his children to Riverside until after school was out on June 13, 1979. Further, as Mr. Driscoll has stated, although he pur- chased a permanent residence at Riverside on May 30, 1979,

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