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B-181891 1 (1976-07-21)

handle is hein.gao/gaobadcwk0001 and id is 1 raw text is: 


                             THE  COMPTRO...LER GENERAL
DECISION               ,d    OF   THE    UNITED      STATES
                             WASHINGTON, O.C. 20548



                                            JUL 2 1         q  --T
FILE:    B-181891                   DATE:

MATTER OF:       Joseph S. Henderson - Home service transfer
                 allowance - Reconsideration
DIGEST:     This Office will reconsider its decision if
            material mistake of law or of fact is
            alleged or proven. Reconsideration is not
            possible, however, where decision recipient
            merely indicates general disagreement with
            the result reached in a decision.

      This decision is in response to a request for reconsideration
 of our decision D-181891, July 16, 1975, which sustained the dis-
 allowance of our Transportation and Claims Division of Mr. Joseph S.
 Henderson's claim for reimbursement of expenses incurred for tem-
 porary quarters and subsistence in connection with a permanent
 change of station performed as a State Department Foreign Service
 Officer, following his return to the United States from an overseas
 assignent  in Mexico City, Mexico. The facts in this case were
 fully stated in our decision of July 16, 1975, and need not be
 repeated except as pertinent to the present discussion of the case.
 In asking for a reconsideration of our July 16, 1975 decision,
 Mr. Henderson states alleged misunderstanding of the facts by our
 Office upon which the disallowance of his claim rested. However,
 he points to no factual error and has cited no legal precedent
 which would indicate a mistake of law.

      Mr. Henderson claims that our decision rests on a false
 premise that I was 'assigned' to Washington, and/or that I 'entered
 on duty' there, if even for a short period. * * * I never was
 given an assignment in Washington, nor did I perform any duty dur*
 ing the period in question /90 daysl/. Whether Mr. Henderson
 received an assignment while stationed in Washington or performed
 any official duties or functions is not determinative of the
 question at issue.

      The operative fact from which the disallowance must result is
 that during the period in question Mr. Henderson was assigned to
 Washington regardless of the fact that he may not have been
 required nor expected to perform any functions while so assigned.
 For reasons not in dispute, the expenses incurred could not qualify
 for payment under the home service transfer allowance.



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