BNUMBER:  B-261586
DATE:  November 1, 1995
TITLE:  James E. McGinley

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Matter of:James E. McGinley

File:     B-261586

Date:     November 1, 1995

DIGEST

Employee occupied government-owned quarters from date of arrival in 
U.S. Virgin Islands in connection with a permanent change of station 
there.  Claim for subsistence expenses for meals and incidentals from 
date of arrival to date household goods were delivered due to 
inadequacy of the quarters for preparing meals, failed attempts to 
remedy the inadequacies, and delay in delivery of household goods is 
denied.  An employee may not be reimbursed temporary quarters 
subsistence expenses while occupying permanent quarters.  Our 
decisions make no distinction between private residences and 
government-owned residences for purposes of this rule.

DECISION

The Manager, Financial Services Branch, Federal Aviation 
Administration (FAA), requests our opinion regarding whether the FAA 
was correct in denying subsistence expense reimbursements related to a 
permanent change-of-station move of Mr. James E. McGinley.   

BACKGROUND

Mr. James E. McGinley was transferred from Dallas, Georgia, to St. 
Croix, U.S. Virgin Islands, effective July 26, 1994.  Mr. McGinley was 
accompanied by his spouse.  Upon arrival in St. Croix, Mr. McGinley 
was assigned and occupied government housing.  It is the practice of 
the FAA to place new employees immediately into permanent 
government-owned housing upon their arrival in St. Croix.  For this 
reason, his travel order states that subsistence expense authority was 
not applicable.  

Mr. McGinley filed a grievance on September 14, 1994, requesting 
return of the rents already collected, additional rents not be 
collected, and meals and incidental expense be paid until the housing 
was brought up to standards and household goods were delivered.  On 
September 20, 1994, Mr. McGinley submitted a claim for meals from his 
arrival date to the date of household goods delivery.  Specifically, 
his claim is for the period July 26 through September 20, 1994, 
totaling $2,174.50 for meals while occupying the government-owned 
quarters.  He contends that because the housing unit was not furnished 
with adequate kitchen utensils and because his household goods were 
not delivered until September 20, 1994, he was required to eat meals 
at local restaurants.  He says that attempts were made with the 
management of the quarters to remedy the inadequacies but to no avail.

On October 3, 1994, Mr. McGinley's manager sent Mr. McGinley's claim 
to the Supervisor, Accounting and Disbursement Section, stating that 
per diem to cover meals is authorized for Mr. McGinley and his wife 
from July 26 to September 18, 1994, since Mr. McGinley was unable to 
prepare meals in the apartment.[1]  The claim was not processed, but 
was returned on November 30, 1994, with an explanation that 
subsistence could not be allowed for any time period when occupancy of 
permanent quarters occurred.  On December 27, 1994, Mr. McGinley's 
manager returned the claim and asked for reconsideration due to the 
inadequacy of the permanent quarters Mr. McGinley occupied.  He 
specifically requested that if favorable consideration was not granted 
that the claim be forwarded to our Office for a decision.  Again on 
February 22, 1995, the Supervisor, Travel and Transportation Section, 
notified the manager that, based on previous rulings of our Office, 
his reasons for not reimbursing Mr. McGinley had not changed.  On May 
30, 1995, the Financial Services Branch requested our opinion. 

ANALYSIS AND CONCLUSION

Our Office has consistently held that an employee may not be 
reimbursed temporary quarters subsistence expenses during the period 
he occupies the residence in which he intends to remain, irrespective 
of the absence of his household goods which arrive at this new 
residence at a later date.  See, Robert N. Havens, B-194837, Aug. 8, 
1979.  In Steven L. Chancey, B-199958, Apr. 22, 1981, we held that a 
temporary quarters allowance is not payable when the employee and his 
or her family occupy a permanent residence while unfurnished, awaiting 
the arrival of household goods, and eating their meals in restaurants.  
There is no distinction made in our decisions between private 
residences and government-owned residences.

In the present case, we are asked to determine if Mr. McGinley can be 
reimbursed  subsistence expenses for meals while occupying 
government-owned lodging which was to be his permanent residence from 
the time of his move to St. Croix.  We recognize that the 
government-owned quarters were unfurnished and the kitchen 
inadequately equipped during the period of Mr. McGinley's claim.  
However, as stated above, subsistence expenses may not be paid once an 
employee occupies permanent quarters at his new duty station.  There 
is no applicable exception to the rule.  Since Mr. McGinley did move 
into his permanent quarters immediately upon his arrival, his claim 
for subsistence expenses must be denied.

/s/Seymour Efros
for Robert P. Murphy
General Counsel     

1. The manager also acknowledges that FAA funds were authorized to 
purchase locally the necessary items for the quarters after Mr. 
McGinley's household goods arrived.