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B-201256 1 (1981-04-27)

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FILE:  8-201256               DATE:   Aril 27,1
MATTER  OF:  Frank E. Hanson, Jr.


DIGEST:


Employee of National Weather Service stationed
in Valdez, Alaska, applied for and was relected
for merit promotion to San Antonio, Texas.
Employee reclaims cost or tour renewal travel
which was deducted from his relocation expenses
for failure to fulfill renewal agreement.  Em-
ployee may be reimbursed cost of tour renewal
travel as a transfer incident to a merit pro-
motion is not a violation of an overseas tour
?newal  agreement.


     By letter dated October 29, 1980, Mr. C. J. Terry,
an authorized certii.ng  officer with the National Oceanic
and Atmospheric Administration (NOAA), Department of Com-
merce, requested an advance decision regarding the reclaim
voucher of Mr. Frank E. Hanson, Jr.  Mr. Hanson requests
reimbursement of overseas tour renewal agreement travel
costs in the amount of $2,065.48 which were deducted from
his relocation expenses when he received a merit promotion
and a transfer from Valdez, Alaska, to San Antonio, Texas.
We hold that Mr. Hanson may be reimbursed the tour renewal
agreement costs claimed since his merit promotion transfer
was in the interest of the Government and not in violation
of his overseas tour renewal ogreement.

     Mr. flanson, an employee of the National Weather Ser-
vice, was transferred from Duarte, California, to Valdez,
Alaska, in January 1977.  At the end of 2 years he returned
to the continental United States for home leave having
signed an overseas tour renewal agreement on March 13,
1979.  Upon his return to Alaska he applied for a position
with the National Weather Service in San Antonio, Texas,
advertised under NOAA's Merit Promotion Program, and was
selected for that position.


         On November 28, 1979, the Alaska Region of the
     National Weather Service informed Mr. Hanson that he must
     repay the cost of his tour renewal travel in the amount
     of $2,065.48, since he would not fulfill his overseas
     contract. This amount was subsequently deducted from the
     amount authorized for his relocation expenses to San
     Antonio.





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