Dennis W. Hancock

B-260907 Jan 26, 1996 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Prohibits the reimbursement of lodging expenses for DOD employees when adequate government quarters are available. Are not used. That he is indebted in the amount of $6. Hancock is indebted for the balance due of $6. Hancock was serving as an Engineering Technician. His specific job was to serve as the On-Site Representative (OSR) to the Naval Air Station. Which is near San Diego. Hancock is a single parent with two children. Which are not detailed in the record. Hancock that he was being evicted. Hancock did not obtain a certificate indicating that government quarters were not available in BOQ or elsewhere. Prohibits that agency from using its available funds to pay the lodging expenses of its civilian employees on official travel "where adequate Government quarters are available but are not occupied by such employee or person." 10 U.S.C. View Decision Matter of: Dennis W. Hancock File: B-260907 Date: January 26, 1996 A Certifying Officer for the Department of Defense (DOD) asks whether the agency may reimburse an employee for lodging expenses he incurred while on a temporary duty (TDY) assignment. The claims may not be paid. The employee did not stay in government-leased quarters, although they remained available for him. Section 1589 of title 10, United States Code, prohibits the reimbursement of lodging expenses for DOD employees when adequate government quarters are available, but are not used. DECISION A certifying officer of the Department of Defense Finance and Accounting Service requests an advance decision on lodging claims submitted by Mr. Dennis W. Hancock, an employee of the Department of the Navy, for lodging expenses he incurred after vacating government-leased quarters. In addition, the agency states that Mr. Hancock erroneously received lodging expenses, and that he is indebted in the amount of $6,922.22. The claims may not be paid, and Mr. Hancock is indebted for the balance due of $6,922.22. BACKGROUND At the time he incurred the lodging expenses at issue here, Mr. Hancock was serving as an Engineering Technician. Although the agency designated his official duty station as Puget Sound Naval Yard, his specific job was to serve as the On-Site Representative (OSR) to the Naval Air Station, North Island, California. He occasionally traveled to other installations. The OSR acts as a liaison between the design division at Puget Sound and various ship repair facilities. The position description for an OSR Engineering Technician states "Travels as necessary to perform duties." On April 8, 1993, Mr. Hancock began a temporary duty (TDY) assignment at North Island, which is near San Diego, that, through a number of extensions, did not end until December 23, 1994. Because Mr. Hancock is a single parent with two children, personnel from Puget Sound and North Island sent letters to the Central Travel Unit requesting special accommodations for Mr. Hancock. After a stay in Bachelor Officer's Quarters (BOQ), and a short TDY assignment, Mr. Hancock obtained private lodgings for himself and his children on May 28 at the Oakwood Coronado Corporate Apartments, which he paid for himself. Subsequently, the Navy arranged a direct lease of the apartment for Mr. Hancock for the period July 1 through December 22, 1993, at a monthly rate of $1,591.00. Because of problems with his children, which are not detailed in the record, the apartment's contract housing manager notified Mr. Hancock that he was being evicted. Mr. Hancock remained in the apartment until the end of December and then arranged for other lodgings for himself and his children for the duration of his TDY at North Island. Mr. Hancock did not obtain a certificate indicating that government quarters were not available in BOQ or elsewhere. A statute applicable to the Department of Defense (DOD), prohibits that agency from using its available funds to pay the lodging expenses of its civilian employees on official travel "where adequate Government quarters are available but are not occupied by such employee or person." 10 U.S.C. Sec. 1589. Quarters leased from private contractors are considered government quarters for the purpose of this statute. See Katherine H. Briley, B-256982, June 10, 1994, reversed on other grounds, B-256982.2, Jan. 17, 1995, and Robert Samalis, B-252291, June 18, 1993. Consequently, after he left the Oakwood apartments, the agency did not authorize reimbursement for lodgings and, instead, limited his reimbursement to 55 percent of the rate for miscellaneous and incidental expenses (M&IE). The Commander, Puget Sound Naval Shipyard, states that, based on the extensive travel required for his position, Mr. Hancock should have been authorized to stay in nongovernment quarters under the authority of a regulatory exception to the statute.