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B-182987 1 (1975-06-03)

handle is hein.gao/gaobadcix0001 and id is 1 raw text is: 

IDECISIDN


FILE:


         THE  COMPTROLLER GENERAL
         OF   THE UNITED STATES
         WASHINGTON. D. C. 2054B
I NITO)


DATE:


B-182987


MATTER OF:


JUN 3  1957-22


Theodore E. Schleiffer--Real Estate Expenses-
Status of Okinawa


DIGEST:


Employee who was transferred to Okinawa prior to its
reversion to Japan, and was subsequently transferred
to Auburn, Washington, following reversion seeks
reimbursement of real estate expenses. Statute and
regulations require that both old and new duty stations
be in United States, its territories or possessions,
the Canal Zone, or Puerto Rico in order to receive this
reimbursement.  Okinawa was not territory or possession
of United States before its reversion to Japan because
Japan had retained residual or de jure sovereignty under
the Peace Treaty.


     This matter concerns a request for an advance decision submitted
by an authorized certifying officer, General ServicesAdministration,
regarding the authority to reimburse Mr. Theodore E. Schleiffer for
real estate expenses he incurred incident to his transfer from
Okinawa to Auburn, Washington.

     Under the authority of Travel Authorization OD2PT275, dated
March 14, 1972, Mr. Schleiffer was transferred from Saigon, South
Vietnam, to Okinawa, which was then under United States control.
By treaty, Okinawa and the rest of the Ryukyu Islands, reverted
to full Japanese control effective May 15, 1972. By Travel
Authorization OD3?T391, dated May 21, 1973, Mr. Schleiffer was
transferred from Okinawa to Auburn, Washington. He was denied
reimbursement of real estate expenses by the agency on the grounds
that Okinawa was not a territory or possession of the United
States at the time of his transfer to Auburn, Washington.
Mr. Schleiffer argues that when he was transferred to Okinawa,
it was a United States' possession, and therefore he should be
granted reimbursement.

     In B-182999, also decided today, we considered the issue of
whether or not Okinawa was a territory or possession of the
United States while under the control of the United States prior
to its reversion to Japan. There we held that Okinawa was not
a territory or possession of the United States, because, under
the terms of the Peace Treaty, Japan had retained residual or

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