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B-212900 1 (1983-11-15)

handle is hein.gao/gaobadlke0001 and id is 1 raw text is: 


                           THE COMPTROLLER GENERAL
   DECISION      .     ,4.>OF THE UNITED        STATES
                            WASHINGTON. 0.C. 20548




   FILE:  B-212900               DATE: November 15, 1983

   MATTER OF:    Susan L. Marsh


   DIGEST:

        Employee is not entitled to travel
        expenses for an individual claimed to be
        her spouse by common-law marriage incident
        to her transfer from Oregon to Montana
        since no state in which they resided
        recognized such marriage. Even if
        common-law marriaqe arose in Montana at
        some point after she arrived, payment for
        travel of her claimed spouse would not be
        allowed, since when the travel was
        performed no marriage existed. Further,
        under Montana law it is doubtful that such
        a marriaqe could be shown for the purpose
        of paying temporary lodqinq expenses.

     We hold that Ms. Susan L. Marsh, an employee of the
Forest Service, is not entitled to travel expenses for a
spouse, since she has not demonstrated that she was legally
married at the time she transferred to her new duty station.

     Ms. Marsh states that sometime during October 1975 in
Whatcom County, Washington, she and Mr. Donald Plumley
mutually agreed to live together as husband and wife and so
represented themselves before family and friends. They have
since continuously lived toaether, moving from Bellinqham,
Washington, to Logan, Utah, in 1977, from there to Lakeview,
Oreqon, in November 1980, and then to Bozeman, Montana, in
November 1982. They intend to remain living together in the
future. They have had joint bank accounts and lease agree-
ments, and Mr. Plumley is named beneficiary under
Ms. Marsh's life insurance and is covered by her medical
insurance.

     Thp Forest Service transferred Ms. Marsh from Lakeview,
Oreqon, to Bozeman, Montana, where she repoorted for duty on
November 15, 1982. She received travel expenses, includina
per diem, mileage foc driving privately owned vehicles, and
temporary auarters subsistence expenses for herself and
Mr. Plumley.


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