________________________

                             November 15, 1996
                         _________________________


                             GSBCA 13731-RELO


                     In the matter of JANET L. HUGHES

     Janet L. Hughes, Cleveland, OH, Claimant.

     G.A. Terrill, Chief, Travel Division, Defense Finance and
Accounting Service, Columbus Center, Columbus, OH, appearing for
Department of Defense.

PARKER, Board Judge.

     The Defense Finance and Accounting Service (DFAS) asked the
U.S. General Accounting Office to review DFAS's disallowance of a
claim for temporary quarters and subsistance expenses filed by Ms.
Janet Hughes.  For the reasons discussed below, we hold that DFAS
was correct in disallowing the claim.  Ms. Hughes has also
requested that the Government waive collection of the $4,742.14
which she owes as a result of her claim being disallowed.  Because
this Board lacks jurisdiction over such waiver requests, we are
forwarding Ms. Hughes' request to the appropriate agency.

     The facts of this case are as follows.  In May 1995, Ms.
Hughes received permanent change of duty station orders to transfer
from Indianapolis, Indiana, to Cleveland, Ohio.  She actually
transferred to Cleveland on May 27.  Prior to the transfer, Ms.
Hughes was sent on a 30-day temporary duty assignment to Cleveland. 
While on temporary duty, Ms. Hughes attempted to find temporary
quarters which she and her two sons would occupy after her
transfer.  Because of credit problems and her limited income (a GS-
6 salary plus child support), Ms. Hughes was not able to find a
place that was willing to rent to her on a short-term basis.  The
apartments which would rent to her all required that she sign a
one-year lease, pay a security deposit equal to two months' rent,
and pay one month's rent in advance.  Ms. Hughes rented an
apartment under these conditions and moved in on June 1, 1995.

     Ms. Hughes had been given a large cash advance to pay for
temporary quarters for up to sixty days after the transfer.  She
used the advance to pay the security deposit and advance rent, as
well as other living expenses.  Ms. Hughes lived in the rented
apartment for the full one-year term of the lease.

                                Discussion

     The Federal Travel Regulation (FTR) provides that an employee
for whom a permanent change of station is authorized or approved
shall be allowed subsistence expenses for himself and for his
immediate family for a period of not more than sixty consecutive
days when occupancy of temporary quarters is determined to be
necessary.  Section 302-5.2(c) of the regulation defines "temporary
quarters" as follows:

          Generally, the term temporary quarters refers
          to lodging obtained from private or commercial
          sources for the purpose of temporary occupancy
          after vacating the residence occupied when the
          transfer was authorized.  However, the
          occupancy of temporary quarters that
          eventually become the employee's permanent
          residence shall not prevent payment of the
          temporary quarters allowance if, in the
          agency's judgment, the employee shows
          satisfactorily that the quarters occupied were
          intended initially to be only temporary.  In
          making this determination, the agency should
          consider factors such as the duration of the
          lease, movement of household effects into the
          quarters, type of quarters, expressions of
          intent, attempts to secure a permanent
          dwelling, and the length of time the employee
          occupies the quarters.

     DFAS determined that Ms. Hughes was not entitled to a
temporary quarters allowance after she moved into her apartment
because those quarters were permanent, not temporary.  The agency
based this determination on the following facts:  (1) Ms. Hughes
signed a one-year lease; (2) she had her household effects moved
into the apartment; (3) she did not attempt to secure other
permanent quarters; and (4) she stayed there for one year.

     We think that the agency's determination was correct. 
Although we understand that Ms. Hughes would have liked to have
rented temporary quarters, and that her credit problems prevented
her from doing so, the fact is that she rented permanent, not
temporary, quarters for her family.  An apartment leased for one
year cannot reasonably be considered as temporary quarters.

     The temporary quarters allowance is intended to ease the
transition from one duty station to another by allowing an employee
to rent temporary quarters while attempting to secure a permanent
place to live.  Once the employee is able to secure permanent
housing, a temporary quarters allowance is no longer authorized. 
Ms. Hughes was able to secure permanent housing for her family by
June 1, 1995.  At that time, her right to a temporary quarters
allowance ended.

                                 Decision

     The claim is DENIED.  Ms. Hughes has also requested that the
Government waive collection of the $4,742.14 that she owes as a
result of the disallowance of her claim.  Pursuant to section
103(d) of the General Accounting Office Act of 1996, Pub. L. No.
104-316, 110 Stat. 3826 (1996), the authority to consider requests
for waivers of claims has been transferred from the General
Accounting Office to the Office of Management and Budget (OMB). 
OMB has informed us that it is in the process of delegating that
authority to the agencies from which the original claims arose.  In
this case, that means that the Department of Defense (DOD) will be
the appropriate agency to consider Ms. Hughes' request for waiver. 
We are forwarding Ms. Hughes' request to DOD.




                                   __________________
                                   ROBERT W. PARKER
                                   Board Judge