Peter M. Spokowski

B-244343.2 Nov 02, 1995 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Employee is entitled to be reimbursed reasonable subsistence expenses as determined by agency. Spokowski was directed. All expenses claimed have been paid. [1] Later in 1989. Spokowski transferred to the Department of the Army and was authorized to make a second move. He was authorized allowances for real estate expenses. The Army reviewed his vouchers and concluded initially that his claims for meal expenses were not adequately supported. Spokowski covered meals consumed while he was on temporary duty. Spokowski was. He was accompanied on temporary duty assignments by his wife and daughter. Was denying the remaining $12. On the day he was informed of this debt. We were closing our file on the case pending receipt in the additional documentation. View Decision Matter of: Peter M. Spokowski File: B-244343.2 Date: November 2, 1995 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] Later in 1989, Mr. Spokowski transferred to the Department of the Army and was authorized to make a second move, a permanent change-of-station from Maryland, to Newport News, Virginia. Incident to this move, he was authorized allowances for real estate expenses, including relocation income tax allowance, shipment and temporary storage of household goods, and temporary quarters subsistence expenses. The Army paid the real estate and moving expenses. It also advanced Mr. Spokowski $13,635.00 in three payments to cover temporary quarters subsistence expenses. From January through April 1990, he occupied temporary quarters in Williamsburg, Virginia, near his new duty station in Newport News, and moved into a permanent residence on May 1, 1990. Shortly thereafter, he submitted a voucher to support his expenditure of the funds advanced to him. The Army reviewed his vouchers and concluded initially that his claims for meal expenses were not adequately supported. Mr. Spokowski did not keep records of actual meal expenses, as required by the Army, during the period covered by his temporary quarters allowance. Instead he used an estimate of the daily cost of restaurant meals for the Williamsburg area and claimed the same amount each day for himself and his wife and daughter. His temporary quarters contained a kitchen, but he states he and his family consistently ate out. The only receipts provided by Mr. Spokowski covered meals consumed while he was on temporary duty. The Army believed further the laundry expense claims to be excessive. Mr. Spokowski also used a daily average as the basis for claiming coin operated laundry expenses. The Army believes the average to be excessive. His temporary quarters did not contain a washer or dryer. Suspecting fraud, the Army initiated a criminal investigation. The Army's report, dated February 19, 1991, did not address the Army's initial concerns about certain meal and laundry claims. However, it found that Mr. Spokowski was, by admission, in a temporary duty status on several occasions during the period covered by his authorized TQSE, and that he failed to exclude his TDY expenses (incurred away from his duty station) from his subsequent claim for TQSE (expenses incurred while at his duty station). At times, he was accompanied on temporary duty assignments by his wife and daughter, but did not indicate their presence on his vouchers, and claimed TQSE meal expenses for them as though they had remained in the temporary quarters at his duty station during periods when they accompanied him on travel away from his duty station. By the Army's calculations, the overlapping claims totalled $1,215.39.