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B-197023 1 (1980-03-14)

handle is hein.gao/gaobadibw0001 and id is 1 raw text is: o ~ ~THE COMPTROLLER GENERAL DEISO OF THE UNITED STATES WASH iNrGTO N, 0.C. 2054 8 MATTER OF DIGEST: DATE: March 14, 1980 Anthony A. Esposito Employee filed formal grievance relative to reassignment and trans- fer from SHAPE at Casteau, Belgium, to NATO at Brussels, Belgium, and was returned to position at SHAPE. Agency designated period of wrongful reassignment as temporary duty and issued amended travel orders autho- rizing commuting and per diem ex- penses. Remedial action of restoring employee to former position at SHAPE does not change nature of duty at Brussels from permanent to temporary. Accordingly, employee may not receive commuting and per diem expenses. How- ever, employee is entitled to receive cost-of-living allowance based on permanent duty at Brussels and not Casteau during period of transfer. Mr. Anthony A. Esposito, a civilian employee of the Army appeals the denial of his glaim for mileage and per diem by our Claims Division. As will be explained, Mr. Esposito may not be reimbursed for his mileage or his per diem expenses but may receive a cost-of-living allow- ance previously collected by the Army. On August 5, 1977, incident to his permanent change of station from SHAPE at Casteau, Belgium, to NATO at Brussels, Belgium, Mr. Esposito was issued travel orders authorizing transportation for himself and his depend- ents to the new duty station. Additionally, the travel orders authorized Mr. Esposito to ship his household goods at Government expense to the new duty station. Mr. Esposito reported for duty at Brussels on August 8, 1977. However, he did not relocate his house- hold to the Brussels' area. Rather he commuted daily from his residence at Villerot, Belgium, in the Casteau area, a round trip of about 110 miles. Mr. Esposito FILE: B-197023 :

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