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B-195920 1 (1980-06-30)

handle is hein.gao/gaobadiji0001 and id is 1 raw text is: THE CIMPTROLLER GENERAL DECISION 1OF THE UNITED STATES WASHINGTON. D.C. 20548 I -NTO FILE: B-195920 DATE: June 30., 1980_ MATTER OF: Ralph A. Neeper -LForfeited earnest money deposit DIGEST: Employee who contracted to buy a house and paid a $2,500 earnest money deposit, but who canceled contract and forfeited the deposit to accept a promotion and transfer to another locality, may not be reimbursed for his loss as a residence transaction expense. However, forfeited deposit may be partially reimbursed under 5 U.S.C. 5724a(b) as a miscellaneous expense, not- withstanding the fact that he voluntarily applied for the transfer, where reassign- ment was in interest of the Government. This action is in response to the request of the Comptroller, Defense Mapping Agency..(DMA), for an advance decision on the question of whether an agency employee may be reimbursed for a real estate earnest money deposit he forfeited when he was transferred to a new duty station incident to his acceptance of a promotion. The request was forwarded to this Office on August 27, 1979, by the Department of Defense Per Diem, Travel and Transportation Allowance Committee after being approved and assigned Control No. 79-31. Prior to his transfer, Mr. Ralph A. Neeper was working at the DMA Aerospace Center in St. Louis, Missouri, as a grade GS-11 computer specialist. On August 24, 1977, a vacancy announcement was published advertising a competi- tive selection opening for a grade GS-12 computer specialist position at the DMA School, Ft. Belvoir, Virginia, and on September 24, 1977, Mr. Neeper applied for the position. At the time, Mr. Neeper was residing with his family in a rented apartment in St. Louis. On October 15, 1977, the Neepers signed a contract for the purchase of a house in St. Louis, and over the next 10 days spent a total of $2,733 preparing to close the agreement. This included a $2,500 earnest money deposit paid to the owner of the property and other expenditures totalling $233 for a credit report, legal fees, a pest certification, etc. 7!9= 640 0 L# .2 1 7,(5 -7 7

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