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B-261836 1 (1995-11-13)

handle is hein.gao/gaocrptaccz0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Terry W. Gravatt File: B-261836 Date: November 13, 1995 DIGEST A Department of Defense (DOD) civilian employee listed his residence for sale in anticipation that the base at which he worked would be closed and went to settlement on the residence before registering with the agency's job placement program. The agency questions whether the employee may be reimbursed real estate expenses for the sale of his residence based on an agency regulation allowing reimbursement of real estate expenses for employees who are registered in the placement program. The employee may be reimbursed. Neither the regulation nor our decision in Kirk S. Peters, B-249451, Jan. 7, 1993, which is cited in the regulation, requires employees to be registered in the placement program to receive reimbursement for real estate expenses. Rather, employees may be reimbursed real estate expenses incurred after an agency has demonstrated a clear administrative intent to transfer the employee and the employee is transferred and signs an employment agreement. Although registration in the agency placement program is evidence of an intent to transfer, agencies may look to all the facts of a particular case to determine whether this intent existed. In this case, the employee was acting on information that the base was about to be closed and that an offer to assist him in finding another job would be forthcoming. DECISION The Defense Finance and Accounting Service (DFAS) requests a decision on Mr. Terry W. Gravatt's claim for real estate expenses incident to his permanent change-of-station from the Naval Aviation Depot (NADEP), Pensacola, Florida, to a similar facility in Jacksonville, Florida. We approve payment of the claim. BACKGROUND Mr. Gravatt listed his residence for sale on July 15, 1993, knowing that there was a strong possibility that the Pensacola NADEP would be closed. The base was on the list of bases to be closed submitted to the President by the Base Closure and Realignment Commission, which the President formally accepted on July 1, 1993. 218119

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