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B-184200 1 (1976-04-13)

handle is hein.gao/gaobaddpr0001 and id is 1 raw text is: D rC US 2N! FILE: 1-18 MATTER O DIGEST: I~ '1t~f~ 'I'IJ'J F R AL THE COMPTRL.LLER GENERAL OF THE UNITED STATES WASHINGTON,. C. 2054 DATE: APR 13 1976 F: Ernest F. Gonzales - Travel and transportation expenses, leave, and attorney's fees incident ot06A to an erroneous transfer and recovery of backpay 1. While the Back Pay Act of 1966 authorizes recovery of pay, alldwances and differentials lost by an employee during a period of an erroneous transfer due to erroneous per- sonnel action by an agency, the Act does not authorize recovery of any travel and transportation expenses incurred by the employee incident to the erroneous transfer. 2. Claims for attorney's fees cannot be reim- bursed in absence of express statutory authority. This action is in response to a request for reconsideration of our Transoortation and Claims Division (now Claims Division) Settlement dated Iarch 27, 1975, which disallowed the claim of Mr. Ernest F. Gonzales, an employee of Soil. Conservation Service (SCS), Department of Agriculture, for (1) travel and transportation expenses in connection with an errcneous transfer from Santa Posa to Corrales, New Nexico; (2) compensation for annual leave taken as a result of the commuiting hardship incident to the erroneous transfer; and (3) attorney's fees incurred in the appeal of the adverse action. Mr. Gonzales was employed as a Soil Conservation Technician at Santa Rosa, New Mexico, on July 16, 1973, vhen a ikotification of Per- sonnel Action was issued which resulted in a two pay period suspension withouL pay, a reduction in grade and a transfer from Santa rosa to the Albuquerque Project Engineer Office in Corrales, New Mexico. It is the reported position of the SCS that a mana:eeat decision had been made to transfer M!r. Gonzales indpendant cf and prior to the adverse -action notification. Mr. Gonzales appcaled the adverse action which resulted in its modification on Pebruary 6, 1974. The initial penalty was reduced to only the t~o pay period suspension without pay with the reduction-in-grade cancelled and all rights and benefits ordered to be restored. However, Mr. Gonzales was not reassigned back to Santa rosa as SCS management officials made the claim that the Soil Conservation Technician position previously held by Mr. Gonzalas was abolished on July 22, 1973, as a planned management 4

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