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B-182993 1 (1975-08-13)

handle is hein.gao/gaobadcok0001 and id is 1 raw text is: 




                                  THE  COMPTkOLLER GENERAL
     DECISION         .-          OF   THE    UNITED      STATES
                                  WASHINGTON, D.C. 20546



     FILE: B-182993                     DATE:      AUG  13  1975  9-7q9    7

     MATTER OF: James P. O'Neil--Time limitation on return
                    froma overseas assignment
    DIGEST:   Employee whose appointment as a Federal employee
              in the Virgin Islands terminated on February 2,  -
              1971, but who did not elect to return to the
              United States until July 1973 because he accepted
              a non-Federal position in the Office of the
              Governor of the Virgin Islands, is not entitled
              to reimbursement of return travel and transporta-
              tion of household effects expenses under section
              1.3d of Office of Management and Budget Circular
              No. A-56, revised June 26, 1969, which estab-
              lishes a maximum period of 2 years from employ-
              ee's date of transfer for the beginning of allow-
              able travel and transportation.
     This is in response to a request for an advance decision by an
authorized certifying officer of the United States Department of the
Interior as to the propriety of certifying for payoent the claim of
Mr. James P. O'Neil in the amount of $1,090.18 which arose under the
following circumstances.

     It appears that Mr. O'Neil was a reemployed annuitant who received
an appointment as an Executive Assistant to the Governor in the Office
of  the Governor of the Virgin Islands, located at St. Thomas, Virgin
Islands, effective as of February 1, 1970. He served in that capacity
until January 3, 1971, when his position was abolished at the time the
first elected Governor of the Virgin Islands was inaugurated. On
January 4, 1971, Mr. O'Neil received a temporary appointment as a
Federal employee in the Office of the Government Comptroller for the
Virgin Islands as a special assistant. That appointment was terminated
on February 2, 1971. At  that time Mr. O'Neil did not elect to return
to the United States, and instead accepted a non-rederal position in
the Office of the Governor, effective February 5, 1971.
     Mr. O'Neil and his wife did not depart the Virgin Islands for
return to their stateside residence until July 13, 1973, more than
2 years after the termination of his employment with the Federal
Government.  Their household goods were also shipped in July 1973.
The cost of the return travel and the transportation of the household
goods was $1,090.18, and the claim for reimbursement is in that amount.

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