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B-244343.2 1 (1995-11-02)

handle is hein.gao/gaocrptabxz0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Peter M. Spokowski File: B-244343.2 Date: November 2, 1995 DIGEST Where agency alleges employee has submitted a voucher containing fraudulent temporary quarters subsistence expenses (TQSE), agency must provide evidence sufficient to overcome presumption of honesty and fair dealing. Agency found that employee submitted temporary duty (TDY) claims for meals consumed while away from his duty station, and later submitted overlapping claims on his TQSE voucher for meal expenses at this duty station for dates coinciding with periods of TDY travel. The Army also questioned other claimed expenses. Agency finding of fraud cannot be supported on basis of the record presented. Employee is entitled to be reimbursed reasonable subsistence expenses as determined by agency. DECISION Mr. Peter M. Spokowski requests reconsideration of our Claims Group Settlement Certificate Z-2866727, dated April 29, 1991. In addition, he requests waiver of indebtedness and all interest, penalty and administrative costs incurred on an advance of temporary quarters subsistence expenses incident to a permanent change of station from Indian Head, Maryland, to Newport News, Virginia. By travel order dated March 9, 1989, Mr. Spokowski was directed, as an employee of the Department of the Navy, to make a permanent change-of-station from Burlington, Massachusetts, to the Naval Ordnance Station, Indian Head, Maryland. All expenses claimed have been paid.1 1The only remaining issue in connection with this first move is the proper calculation of the relocation income tax allowance. On this issue, we reiterate the conclusion of our Claims Group that the Army would be well advised to recalculate the relocation income tax allowance based on a review of Mr. Spokowski's documentation, following the applicable regulations. 1215112

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