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B-223670 1 (1987-05-04)

handle is hein.gao/gaobadmre0001 and id is 1 raw text is: GThe Comptroller General of the United States Washington, D.C. 20548 Decision Matter of- Harold Darefsky File: B-223670 Date: May 4, 1987 DIGEST An Army employee who had filed a religious discrimination complaint returned from Europe to the United States and resigned. To resolve the complaint, the Army negotiated a settlement agreement providing for reinstatement to an overseas position without a break in service, and backpay retroactive from the date of resignation to the date of reinstatement. The backpay award may include an overseas living quarters allowance between the date the employee left Europe and the date of his reinstatement. DECISION The issue presented in this matter is whether the United States Army, to resolve a complaint of religious discrimina- tion, may properly provide in a settlement agreement with Mr. Harold Darefsky a backpay award which includes an over- seas living quarters allowance for the period following his return to the United States from his overseas duty station and his resignation from his overseas position.l/ We conclude that inclusion of the allowance in the award is proper. BACKGROUND Mr. Darefsky was employed in a civilian position with the Army in Europe. Apparently, while in that position he filed a complaint against his employer of religious discrimination. In an administrative report the Chief Counsel, United States Army Troop Support Agency, stated that Mr. Darefsky returned to the United States and resigned from his position after he had been informed that an exten- sion of his overseas tour would not be granted. The Chief Counsel reported further that the Army Civilian Appellate Review Agency, European Region, found that religious 1/ An official of the United States Army Troop Support Agency, Fort Lee, Virginia, requested our decision.

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