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B-183801 1 (1976-03-24)

handle is hein.gao/gaobadddq0001 and id is 1 raw text is: K THE CO'iPTROLLER GIENERAL o r- THE UNITED STATES LVWASHINGTON. D.C. 20546 (.11 FILE: DATE: AR 2 4 1976 B-183801 MATTER OF: James G. Flanigan - Claim for Relocation Expenses DIGEST: A Department of the Array employee in Philadelphia, Pennsylvania, was ilssued pemanent change of station order to Fort Monmouth, New Jersey. After contracting to sell his house and prior to reporting to Fort Mon-mouth he accepted employment with the IRS in Philadelphia. Settlment disallowing claim for house sale expenses is sustained since employee did riot transfer to Fort Mormouth and his travel order was not cancelled for official reasons. This action is in response to a request for reconsideration of our Transportation and Claims Division (no'w Claims Division) settlement of February 12, 1975, which disallowed the claim of M1r. James G. Flanigan for rei.bursement of the expenses incurred in connection with the sale of his residence in Philadelphia, Pennsylvania. The information furnished in the reauest for r,consideration is merely repetitious of information previously furnished which was fully considered by our Office in *issuing our tuettlement. The facts in Mr. Flanigan's case were fully stated in our Office settlement of February 12, 1975, and need not be repe.ated except as pertinent to the present discussion of the case. Mr. Flanigan's claim was disallowed by our Office on the ground that he volun- tarily relinquished his position with the United.States Amy Electronics Command (USAECOH) prior to the data of his proposed transfer to Fort Monmouth. In addition, the sale of his residence in Philadelphia cannot be considered as having, resulted from his transfer to the Internal Revenue Service (IR.3), since there was no substantial change in the area of residenca. Section 5724a(a)(4) of title 5 of the U:nited States Code, as implemented by Part 6 of the Federal Travel Regulations (FPHR 101-7) (Hay 1973), authorizes reimbursement to em)ployees for certain ex- penses incurred in the sale of a residence when required by a transfer of official station in the interest of the Government. Although Mr. Flanigan was scheduled to transfer froM USAECOM in Philadelphia to Fort Monmouth at the time of the sale of his residence he did not transfer but instead obtained employment 9 ; 9 8

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