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B-182282 1 (1975-05-28)

handle is hein.gao/gaobadcjs0001 and id is 1 raw text is: **~ *~ * Xi'ER C. L 9j ~THE COMPTROLLER GENERAL DECISIDN * a OF THE UNITEo STATES WASHINGTON. D.C. 2054B FILE: DATE: MAY 28 1975 B-182282 MATTER OF: David C. Corson - Claim for movement of household goods in connection with job reinstatement DIGEST: Employee was erroneously separated and required to vacate Government quarters. Expenses of moving household goods from and to Government quarters baded upon finding of unwarranted personnel action may not be reimbursed since statute (5 U.S.C. 5596) and regulation (5 C.F.R. 550.804(a)) only permit pay, allowances, and differentials and do not pro- vide for reimburseaeat of relocation expenses. This decision is in response to a claim by Mr. David C. Corson for the expenses of movement of household goods from and to Goverment quarters incident to his erroneous separation from his position and S- reinstatement under 5 U.S.C. 5596 (1970). !rr e ** * employed as a c metary superitenden at the Natchez National Cemetary, Natches, Mississippi, by the Department of the Army. He was removed from service effective April 14, 1972, for violation of ethical standards of conduct. Mr. Corson was noti- fied in a letter dated March 27, 1972, that he must vacate the quar- ters which he then occupied as a requirement of his position not later than April 14, 1972p and that his quarters deductions of $33.43 uould end as of that date. Mr. Corson appealed the action to the Civil Service Commission and the Comuissioners ultiately determined, in a letter dated May 11, 1973, that the charges against him were sustained but that the penalty of removal was too harsh and substi- tuted a suspension of 30 days. During the time of the appeals Mr. Corson vacated his quarters and, on June 12, 1973, reoccupied them. The claim before us is for Mr. Corson's moving expenses out of and back into his quarters. Backpay due to unjustified personnel actions is governed by 5 U.S.C. 5596 (1970). The statute provides, generally, that an employee who has undergone an unwarranted personnel action which resulted in the withdrawal or reduction of all or part of his pay, allowances, or differentials is entitled to receive an emount equal to the pay, allowances, or differentials he normally would have received, less mounts earned by him elsewahre during the period. The statute directs the Civil Servica Commission to prescribe regulations%

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