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B-183449 1 (1975-05-29)

handle is hein.gao/gaobadcjn0001 and id is 1 raw text is: THE COMPTRO.LER GENERAL DECISION . OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: DATE: MAY 29 1975 B-183449 MATTER OF: Percy Daniels-Real estate allowances upon return from Alaska position DIGEST: Employee located in Alaska whose position was abolished was returned to continental United States for separation by retirement. His claim for reimbursement of real estate expenses in selling his Alaska residence is not allowable since pertinent statutes and regulations permit such reimbursement only when there is a permanent change of duty station. Return from Alaska for purpose other than assuming a new Government position does not constitute a permanent change of station. Returning employees in these circumstances are considered as in the same category as new appointees under 5 U.S.C. 5724(d), and new appointees are not eligible for real estate allowances. This matter concerns an appeal from settlement action by our Transportation and Claims Division which denied the claim of Percy Dam±els, a former employee of the Fedoral A-at-o- Adminis- tration stationed in Anchorage, Alaska, for reimbursement of real estate expenses upon his retirement and return to the continental United States. The record indicates that Mr. Daniels retired after his Alaska position was abolished. Failing to receive another offer of Federal employment, he sold his residence in Alaska and returned to the continental United States for separation by retirement. Mr. Daniels has cited several provisions of the Federal Travel Regulations (FTR), FPMR 101-7 (4ay 1973) in support of his position that his return from Alaska to the continental United States should be considered the same as a permanent change of station so as to entitle him to reimbursement for real estate expenses incurred in selling his residence in Anchorage. We have reviewed the FTR provisions cited by Mr. Daniels, but cannot agree that they provide any basis for allowing his claim. The real estate expenses claimed are authorized under 5 U.S.C.-§ 5724a (1970) which provides in part: (a) Under such regulations as the President may prescribe and to the extent considered necessary and appropriate, as provided therein, appropriations PUBLISHED DECISION 54 Comp. Gen..............

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