returned from overseas to another duty station in the United States. Robert M. Hooks, B-249184, Mar. 5, 1993, 72 Comp. Gen. 130.
Residence transaction expenses
Reimbursement
| Permanent duty stations
Distance determination
An employee who was transferred between duty stations located 41 miles apart, under orders providing for transportation and temporary storage of household goods utilizing the actual expense (GBL) method. The agency paid the carrier directly for such services, including 90 days of temporary storage and movement into and out of storage. Subsequently, the agency decided that the storage should not have been authorized because of the short distance involved and seeks collection from the employee for the costs. Since there is no regulatory, short-distance limitation in the FTR precluding temporary storage reimbursement, and since such storage was authorized and arranged by the agency, there is no legal basis to retroactively assess the costs against the employee.
Temporary quarters
Actual subsistence expenses
☐☐☐ Eligibility
Transferred employee is not entitled to payment of temporary quarters subsistence expenses (TQSE) since the distance between his new official station and his old residence is not more than 40 miles greater than the distance between his old residence and his old official station, as required by the Federal Travel Regulation. This mileage limitation has the force and effect of law and may not be waived in any individual case.
Actual subsistence expenses
| Reimbursement
☐☐☐☐ Eligibility
An employee delayed moving out of her old residence and into temporary quarters incident to a permanent change of station because of problems related to the sale of her old residence and the purchase of a new residence. To be eligible for temporary quarters subsistence expenses, the Federal Travel Regulation requires that an employee begin occupying temporary quarters within 30 days of the employee's reporting date at the new duty station. Because the employee did not meet this requirement, her claims for TQSE may not be paid.
Travel expenses
Constructive expenses
■■■ Eligibility
☐☐☐☐ Spouses
Under Federal Travel Regulations, as amended in September 1991, employees who are members of
the same family and who are transferred to the same duty station may elect to receive separate
relocation benefits, regardless of when the employees actually relocate, but they may not be paid
duplicate benefits. 41 C.F.R. § 302-1.8 (1993). Michael L. Wineman and Kimberly L. Butterworth, B-
249457, Mar. 31, 1993, and 57 Comp. Gen. 389 (1978), distinguished. Therefore, each employee may
be reimbursed temporary quarters subsistence expenses based on each's separate entitlement for
actual expenses incurred, including each employee's claim for one-half their total lodging cost. Each
also may be paid a separate full mileage allowance for driving separately to the new station. Howev-
er, only one miscellaneous expense allowance is payable since only one residence was disestablished
and reestablished.
Travel expenses
Reimbursement
Amount determination
An employee of the Army transferred from Chicago to Germany with reemployment rights in Chi-
cago upon completion of the assignment in Germany. Because of the impending closure of the base
in Chicago, he elected transfer of his employment rights to Fort McPherson, Georgia. Upon his
transfer from Germany directly to Fort McPherson, he traveled under an amended order authoriz-
ing travel by a circuitous route via Chicago to pick up an automobile. He may not be paid travel
expenses in excess of those necessary to permit travel on a usually traveled route directly from Ger-
many to Fort McPherson. The travel orders contained a specific provision stating that the employee
would be responsible for additional costs via Chicago, and in any event, the Federal Travel Regula-
tions require that the extra expense of travel via a circuitous route be borne by the employee.
Travel
■Lodging
Reimbursement
| Government quarters
A civilian employee of the Navy may not be reimbursed the lodging expenses she incurred in non-
government quarters while on a temporary duty assignment because adequate government quarters
were available for her, in which case payment is prohibited by 10 U.S.C. § 1589 (1988). Robert
Samalis, B-252291, June 18, 1993, distinguished.
Additional expenses
☐☐☐☐ Rest periods
An employee performed international travel in excess of 14 hours through several time zones. He
was authorized a return rest stop in London. He claimed an additional day as a rest stop in the
London area in connection with the return flight. A rest stop authorized under section 301-7.11 of
the Federal Travel Regulations is an approved enlargement of travel time, the purpose of which is
to help the traveler overcome the effects of long, wearisome, and sometime arduous travel. Where
flight scheduling is such that the employee has a stopover of more than 20 hours, including over-
night, and has access to lodging and meals, the purpose of the authorized rest stop has been satis-
fied and an additional rest stop period at government expense may not be reimbursed.
Leaves Of Absence
Retired personnel
■■Lump-sum payments
Highest previous rate rule
Where Board for the Correction of Naval Records changed officer's military records to show that he
retired on June 1, 1992, in the rank of Admiral (0–10) rather than on July 1, 1992, at which time he
had reverted to permanent rank of Rear Admiral (0-8) because of delay in confirmation of retire-
ment at rank of Admiral, officer may have excess leave liquidated in accordance with his corrected
record.
Where erroneous payment of Basic Allowance for Quarters was waived because the officer was not
at fault, it was improper to offset the amount of the officer's final settlement check for wages and
unused leave to reduce the amount subject to waiver.
■Dual compensation restrictions
☐☐Overpayments
Debt collection
■■ Waiver
A retired Navy officer was hired by the Department of Energy as a consultant with a limited ap-
pointment, and approximately 6 months later became a temporary full-time employee. Although his
military retired pay was subject to reduction under the Dual Compensation law after 30 days of
employment, reductions were not initiated until a few days before his status changed. Since he did
not inform the Navy of his government employment promptly, he is not without fault in accepting
the resulting overpayments, and his waiver request under 10 U.S.C. § 2774 is therefore denied.
Retirement pay
Annuities
Claims
Where payment of a Retired Serviceman's Family Protection Plan annuity on behalf of a mentally
incapacitated adult is to be made to a court-appointed guardian, the time period for filing a claim
for the annuity was satisfied through filing by the adult's custodian pending the guardian's appoint-
ment.
Retirement pay
Garnishment
Alimony/child support
The former spouse of a retired member served the Defense Finance and Accounting Service (DFAS)
with legal process to enforce payment of court-ordered child support. Since the legal process was
valid on its face, DFAS was required to honor it, and the claim of the member for refund of
amounts withheld from his retired pay (and related expenses) is denied.
| Survivor benefits
Benefit election
Election time periods
Former spouses
Where within 1 year of divorce decree, neither member nor ex-wife filed for former spouse coverage
or a "deemed election," respectively, even though divorce decree stated that member was to main-
tain Survivor Benefit Plan for ex-wife, subsequent nunc pro tunc order which declares marriage dis-
solved (phrase which was omitted from original decree), does not give a new 1 year period for
"deemed election" request.
A military officer elected Survivor Benefit Plan (SBP) coverage when he qualified for retired pay.
He began receiving retired pay in 1991, but it was suspended when he became a United States Dis-
trict Court judge in 1992. His SBP coverage is irrevocable; and as long as he has an eligible benefici-
ary, he must continue to pay premiums even though he is not receiving military retired pay.
Dislocation allowances
☐☐ Eligibility
A member above the pay grade of E-6 without dependents who elects not to occupy assigned govern-
ment quarters on a ship as authorized in 37 U.S.C. § 403 is entitled, subject to the limitations found
in 37 U.S.C. § 407, to a dislocation allowance when he makes a permanent-change-of-station move.
|