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B-205892 1 (1982-07-13)

handle is hein.gao/gaobadkmf0001 and id is 1 raw text is: Id Z16THK Ct3MPTROLLNfl flNEIRAL DECISION L.I 3A OF THE UNIT 1S) STATES WALIHINOTON, 0109.0054S FILE; B-205892 DATE: Juty 13, 1982 MATTER OF: Thelma B, Van Horn DIGEST; An overseas employee of the Army', transferred to the United States but did not remain In Government service for 1 year after her trans- fer, may rot be paid relocation benefits inci- dent to her transfer that are in excess of her entitlement to reoturn travel and transportation expenses to her place of actual residence in the United States. A service agreement--the usual pre-condttion for receiving relocation benefits--was not executed and no intent to fulfill a 1-year commitment upon return may be inferred from the facts of the case. The question in this case is whether a recently retired employee of the Army may be paid relocation benefits incident to a transfer from overeeas to the United States that are in excess of the return travel and transportation expenses to the designated place of actual residence in the United States even though the employee did not execute an agreement to remain in Government service for at least 1 year after her trans- fer. Since we cannot infer that the employee intended to satisfy the service requirement at the time of trans- fer in this case, the failure to execute a service agree- ment precludes payment of thone relocation benefits even though the employee was purportedly released from the 'requirement, The Finance and Accounting Officer of the Army's White Sands lissile Range presented the question through the Office of the Comptroller of the Army. The matter was assigned oontrol number 81-37 by the Per Diem, Travel and Transportation Allowance Committee. The employee, Mrs. Thelma B. Van Horn, was trantL- ferred from Zwuibruecken, Germany, to White Sands Missile iange, New Mexico, in Novemrber of 1980. The form that authorized her transfer travel indicated that she had signed an agreement to remain in Government service for 1 year after betqinning work at White Sands. Some of her relocation benefits, including tranisportation of house- hold goods, travel, and a miscellaneous expense allowance

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