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B-196809 1 (1980-06-06)

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          United States -3eneral Accounting Office                  Office of
          Washington, DC 20548                                      General Counsel
                                                                    In Reply
                                                                    Referto: B-196809

                                             ,r 0 Ul 6   1930


              Tile Ilonorable Harry F. Byrd, Jr,             to 141)210
              United States Senate

              Dear Senator Byrd:

                   This is in response to your letter of May 7, 1980, concerning
              the claim of Mr, Charles E. Broashire for reimbursement for food
              and lodging expenses incurred in connection with his transfer
              overseas in July 1977.

                   By decisjon 1-196809, May 9, 1980, copy enclosed, we sustained
              the action by our Claims Division denying the claim. As a civilian
              employee of the Department of tile Army, Mr. Brookshire was trans-
              ferred overseas with a reporting data: In August 1977. Ile %'3s dented
              a temporary quarters subsistence oxpetise allowance under 5 U.S.C. ..
              § 5724a(a) (3) because that statute proibits payment of such expenses
              to employeeU transferred overseas. Mr. Brookshire was also eenied
              the predepaz ture subsistence expense portton of the foreign transfer
              allowance authorized by 5 U.S.C. § 5924 (1976), since the granting
              of that allnwance is discretionary with the agency concerned and
              the Army implementing regulations did not authorize its payment
              until May 197, almost a year after Mr..3rookshire transferred
              oyeceeas.

                   We trust this serves the purpose of your inquiry and we regret
              that we could not rezch a determination favorable to your constituent.
              A copy of the enclosed decision was mailed to Mr. Brookshire on
              may 9, 1980.

                                                  Sincertly yours,


                                                  uct R. Van CVlo.
                                                  Milton J. Socolar
                                                  General Counsel

              Enclosure







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