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B-204467 1 (1982-06-08)

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FILE;  B-204467                DATE; June 8, 1982

MATTER O1:   Be L   Gordon , Allowability of Residence
             Transaction E)Ipenses - Employees Returning
             from Hawaii for Separation
DIGESIT:
           1. If an authorized certifying officer
              presents a legal question to our Office
              which is general and recurring in natura,
              we will treat the requent as one from
              the head of the agency and will render
              a decision under the authority of
              31 U.S.C. § 74 (1976), notwithstanding
              the absence of a specific voucher.

           2. Fedora] employees returning to the con-
              tinental United States from Hawaii, a
              post of duty outside the continental
              United States, for separation are not
              entitled to reimbursement of real
              estato-expenses iu.%curred in the sales
              of their residonces in Hawaii.


      Are Federal employees returning from posts of duty
 outside the continental United States for separation
 entitled to reimbursement of real estate expenses in-
 curred in the sales of their residences at their post
 of duty? For the following reasona, we answer this
 question negatively.

      This question is presented for dec.tsion by
 Mr. B. L. Gordon, an authorizeA certifying officer,
 Department of Energy, Las Vegas, Nevada.   It has been
 raised by several Federal employees presently employed
 by the Department of Energy who have, or expect to
 have, a post of duty which is outside the continental
 United States.  In the present caso, the post of duty
 involved is Hawaii. The employees intend to submit
 claims for reimbursement of real estate expenses which
 they will incur in selling their residences at their
 post of duty upon their return to the continental
 United Stater for separation. Because the situation
 presents a general legal qjuestion, and appears to be
 one which will recur9 we will treat the request as
 one from the head of the agency and will render a
 decision under the authority of 31 U.S.C.    74 (1976),

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