Allan was transferred from Lorraine, OH to Florida. During his time in Lorraine, he rented an apartment nearby in Sheffield Lake and owned a house in Mentor, about 50 miles from Lorraine. He lived in the house the majority of time but staying in the apartment a couple of times per week. When he transferred to Florida he was denied the $10,300 of costs incurred in the sale of his Mentor house because the agency asserted he did not commute daily from that residence to his duty station. The Board sided with the agency concluding the 2-3 days per night commute from the apartment was enough to establish Allan did not commute from his house in Mentor on a daily basis (CBCA 691-RELO).

A similar conclusion resulted when Michael, who worked on a ten-day-on and four-day-off schedule spends his “on” nights near his official duty station in Marquette, MI and his “off ” nights at his home in Midland, MI, about 338 miles from Marquette. During the year he had several travel requirements where he went from Midland to Marquette to pick up a government owned car where he drove to his temporary duty (TDY) station, spent the night and reversed the process.  The agency only paid for his travel from Marquette to his TDY location stating his Marquette address was his residence, not Midland. The Board ruled against Michael stating an earlier decision by the GAO ruled that “residence”, “home” or “place of abode” as used in the Federal Travel Regulation refers to the “residence from which an employee regularly commutes to work each day” (Michael Bilodeau, CBCA 686-TRAV).

 

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