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B-184948 1 (1975-11-18)

handle is hein.gao/gaobadcsp0001 and id is 1 raw text is: 


                             o THE   COMPTRO       ER  GENERAL
     DECISIGINl .      ,OF THE             UNITE       6TATES
                                WASHINGTON, 0. C. 20548




   FILE:                              DATE: NOV 1 8197
           B-184948
   MATTER OF:
                   Donald K. Engstrom - Relocation Service Agreement

   DIGEST:
              Government employee executed service agreement
              incident to change of duty station by which he
              agreed to remain in Government service for 12
              months subsequent to reporting at new duty
              station.  After reporting employee requested
              leave without pay which was granted and later
              extended at employee's request beyond-expira* -
              tion of period of agreed service. Although
              employee was thereafter separated for abandon-
              ment of position, he is not liable to repay
              travel advance to extent funds were expended
              for  compensable relocation costs since tirae in
              leave-without-pay status is considered Govern-
              ment  service within meaning of 5 U.S.C.
              1  5724(1) (1970).

     This concerns a request for a decision submitted by an authorized
certified officer of the General Services Administration (GSA) as to
whether he must require repayment of funds advanced in connection with
the travol L f Mr. Donald M. Engstrom incident to a change of duty sta-
tion, in the amount of $2,600. Specifically, we are asked to determine
whether a leave-without-pay status of a Government employee will satisfy
the requirement of a service agreement under which the employee under-
took to remain in the Government service for a period of at least 12
months subsequent to reporting for duty at his new station.

     The record indicates that Mr. Engstrom was transferred by GSA from
Chicago, Illinois, to Washington, D.C., effective October 29, 1972. In
connection with this transfer Mr. Engstrom was issued a travel advance
in the above amount to defray initial costs of relocation from Lake
Geneva, Wisconsin, and that as a condition therefor, executed the ser-
vice agreement (GSA Form 2255) mentioned above. He reported for duty
at Washington, but because of imminent and serious personal problems
and at his supervisor's suggestion, he requested and was granted leave
without pay for a 6-month period, commencing March 23, 1973. His leave-
without-pay status was later extended to December 22, 1973. He failed
to resume his duties at that time or to respond to written communications,
and on March 23, 1974, was separated from Government service for abandon-
ment of his position.


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