April 4, 1997 GSBCA 13890-RELO In the Matter of LEE R. VICKSON Lee R. Vickson, Byron, GA, Claimant. William E. Allan, Chief, Finance and Accounting Liaison Office, Defense Finance and Accounting Service, Denver, CO, appearing for Department of Defense. Lee R. Vickson is a civilian employee of the Department of the Air Force. From June 26 to July 10, 1995, Mr. Vickson, his wife, and two younger sons performed official permanent change of station (PCS) travel from Edwards Air Force Base, California to Robins Air Force Base, Georgia. On November 5, 1995, Mr. Vickson occupied permanent quarters in Georgia. His oldest son, Darrence, remained in California to continue his college education. From August 7 to 23, Darrence rented an apartment, and thereafter, on August 24, 1995, he moved into on-campus housing. Mr. Vickson is requesting temporary quarters subsistence expenses (TQSE) reimbursement for his son (in the amount of $3,761.40) for the same period in which the claimant received TQSE, August 7 to November 4, 1995. By letter dated February 14, 1996, the Air Force requested a decision from the General Accounting Office pursuant to 31 U.S.C.  3529 with regard to the housing, meals, and incidental expenses incurred by Darrence while staying on campus for college. The reason this decision is requested is set forth in another memorandum (undated), in which the Air Force states that [b]ased on regulations and discussions, we were unable to decide if the claim . . . was for temporary expenses and therefore payable as TQSE. When an agency transfers an employee from one permanent duty station to another, it shall, within specified parameters and in accordance with regulation, pay the subsistence expenses the employee and his or her immediate family incur while occupying temporary quarters. 5 U.S.C.  5724a(a)(3) (1994). The Federal Travel Regulation, which, pursuant to authority granted by Executive Order 11609 (July 22, 1971), implements this statute, 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, 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. 41 CFR 302-5.2(c) (1996) (FTR 302-5.2(c)). The Joint Travel Regulations (JTR), applicable to civilian employees of the Department of Defense, contain substantially the same language and further state that [t]he temporary quarters for which a TQSE allowance is authorized must, in fact, be a temporary place of residence. JTR C13001-A.1. Under similar circumstances, when dependent children did not accompany the family to the new duty station because of an intent to live away from the rest of the family, the Comptroller General has allowed TQSE when the children necessarily temporarily occupy quarters other than those in which they intend to reside throughout the major portion of the semester or particular session of school which is involved. James Y. Kurihara, B-164746 (Aug. 20, 1972). We find this reasoning persuasive. The apartment was clearly temporary quarters because the dormitory in which Darrence intended to reside for the semester was not available for that period. Accordingly, the amounts claimed for TQSE during the seventeen day period, August 7-23, 1995, in which Darrence lived in the apartment are allowable and may be paid, if determined to be adequately supported and reasonable. Claimant claims TQSE for the period in which his son lived in the dormitory because he claims that his son s attending college in California is only a temporary situation. Claimant states: The fact that [Darrence] returned to California is merely a consequence of continuing his education in California while waiting to obtain Georgia permanent residency status. . . . [M]y son will not meet this requirement until December 1996. Therefore, our alternatives are to leave him in California schools temporarily or pay the out of state tuition for Georgia or pull him out of school altogether for a year. Neither is a favorable alternative to when my son simply lived at home and drove to school daily. However, it is more advantageous to leave him in California temporarily. Also, on campus living is by no means a permanent living situation. My son has to completely vacate his room during the summer when he returns home and obtain a new room assignment, if he returns. So he s only allowed to live in a dorm under the limited condition that he is attending school. Otherwise, he would have to find permanent lodging. Claimant argues that his son is only temporarily attending school in California until he qualifies as a Georgia resident. Even so, the dormitory in which his son was living while at school was his permanent residence while attending school. Although Darrence intended to attend school in Georgia once he established Georgia residency, he could not do so until December 1996. As he intended to stay in California until he established Georgia residency, and he was not seeking other quarters, the dormitory was not a temporary place of residence but his permanent residence during that period. The Kurihara decision cited above supports the conclusion that the quarters in which the student intends to reside throughout the major portion of the semester of school which is involved are permanent quarters. Accordingly, claimant is not entitled to the amounts claimed for TQSE for the period in which his son lived in the college dormitory, August 24 to November 4, 1995. We are mindful of the limitation expressed in JTR C13005-A, Period of Eligibility, which reads, in relevant part: The employee may occupy temporary quarters at one location while dependents occupy quarters at another location. . . . The period of eligibility will terminate when the employee or any dependent occupies permanent residence quarters or when the authorized period of time expires, whichever occurs first. In this case, the claimant s son occupied permanent quarters away from the new duty station on August 24, 1995, and the claimant moved into permanent quarters at the new duty station on November 5, 1995. The claimant s TQSE was authorized and paid through November 4, 1995. It would be contrarty to the purpose of the above-quoted regulation to terminate the employee s eligibility for TQSE because a dependent occupied permanent quarters for educational purposes away from the new duty station before the employee and other family member s occupied permanent quarters at the new duty station. We have found no prior decisions in which this regulation operates to terminate eligibility for TQSE under the circumstances presented in this case, i.e., a dependent moving into permanent quarters in a different locality from the employee s new duty station. Rather, eligibility for TQSE has been terminated because a dependent occupied permanent quarters at the employee s new duty station, and the employee thereafter occupied those same permanent quarters. Gerald G. Shockley, B-230848, (Sept. 6, 1988); Kenton L. Culbertson, B-188604 (Feb. 14, 1978); Glenn R. Dunavan, B-188005 (May 19, 1977). With regard to the termination requirement, the Comptroller General stated that "[t]he regulations thus recognize that families do not always move together, and specifically prohibit reimbursement when an employee occupies permanent quarters, even if the family has not joined him at the new duty station." Ronald A. Kreizenbeck, B-213827 (Aug. 1, 1985) The regulation apparently was written with the understanding that dependents may move to the new duty station at different times, and TQSE for all will terminate for all when the first arrives at the new duty station. The regulation was not drafted to provide for situations in which the employee and dependents occupy permanent quarters apart from each other, the latter for educational purposes. Accordingly, the claimant s son s occupation of permanent quarters (his dormitory) before the claimant and his remaining dependents occupied permanent quarters at the new duty station did not terminate the claimant s right to TQSE. ___________________ ALLAN H. GOODMAN Board Judge