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B-244119 1 (1991-08-16)

handle is hein.gao/gaobadnya0001 and id is 1 raw text is: ot the Uukted Sbtm a~ U Deision Matterof Orve M, Dahl Vile: B-244119 Date: August 16, 1991 DZCXSIO Mr. Orvie M. Dahl appeals our Claims Group settlement, Z-2866932, Apr. 15, 1991, disallowing his claim for the real estate expenses associated with the sale of his Vallejo, California, residence incident to a permanent change of station (PCS) transfer. For the reasons stated below, we reverse the Claims Group's settlement. In the last three years, Mr, Dahl transferred twice in the interest of the government: in.August 1988, fron the Naval Weapons Station in Concord, California, to the Department of the Navy's Trident Refit Facility, Kings Bay, Georgia; and in March 1989, from Kings Bay to the Department of the Army's National Training Center, Fort Irwin, California. At the time he first learned of his transfer to Kings Bay, Mr. Dahl regularly commuted to his job in Concord from his family's residence in Vallejo, Ca.ifornia. Mr. Dahl did not immediately place his Vallejo home on the market, but instead rented an apartment in the Kings Bay area. Seven' months after arriving at Kings Bay, Mr. Dahl sought' and obtained a PCS to Fort Irwin because, he6 stated, the working conditions at King's Bay were incompatible with his health. After that transfer, Mr. Dahl sold his Vallejo residence and relocated his family in Barstow, California, which is near Fort Irwin. All of the relevant eventsr transpired between July 25, 1988, when the Navy first notified Mr. Dahl of his transfer to Kings Bay, and May 23, 1989, when he settled on the sale of his Vallejo residence. To be eligible for the reimbursement of real estate expenses associated with the sale of an employee's residence at the old duty st's.ation, the applicable statutes and regulations require, among other things, that the home be the one from which the employee regularly commuted to and from work, that the residence be sold within 2 years of the transfer, and that

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