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B-169490 1 (1976-02-03)

handle is hein.gao/gaobaddrb0001 and id is 1 raw text is: 4 DECISION FILE: B-169490 MATTER OF: DIGEST: ' THE CGIVIRTRO&a ER GENERAL - *, OF THE UNITED STATES ./ WAS HINGTON. D.C. 20548 DATE: FEB 3 1976 Jack L. Wells - Request for reconsideration of decision 1. This Office will reconsider its decision if matorial cistake of law or of fact is alleged or proven. Reconsideration is not possible, however, where decision recipient merely indicates general disagreement with the result reached in a decision. 2. Decisions of this Office are final and conclusive on the executive branch of the government. Thus, President has no authority to review a daisica of his Office. This action is in response to a request for reconsideration of our decision 3-19t90, October 9, l975o which sustaincd the disallowance by our Tansportation a.d Claims Division of 1r. Jack E. ells' claim for reimursement of movin epg. enses incurred incicent to his transfcr from Okinawa to Anniston Army Lepot, Alabards, when he was a civilian CploYee of the Dartment of the Arm.Mr. Wells indicates disagreement with the conclusion reached in our prior decision. iowever, he points to no factual error and has cited no legal precedent which would indicate a mistake of law. Mr. Wells states that by denying his clain this Office shows discrimination against civilian govern-ment erloyees who accept assignments abroad. 1hile Mr. Wells' feelin:s are understandable, the limitations on reimbursement for moving expenses imposed by 5 U.S.C. 5724a(a)(4) (1970) must control. As we indicated in our decision of October 9, 1975, Congress understood that this statute would limit reimbursement for the moxving expenses of civilian employees of the military to transfers in which both the old and new station were located in the United States or in the other territories and possessions referred to in the statute. Ve have held that Okinawa is not one of these territories and possessions. Accordin-ly, reimbursem-nt was not possible in Mr. Wells' case.

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