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B-185270 1 (1976-03-10)

handle is hein.gao/gaobaddeo0001 and id is 1 raw text is: THE CkMPTr-1OL,' -q GEYEP.AL C E0!' 1 K IOF THE iNIT: UTATIE .WASHINGTON, D. C. 2054U FILE: B-185270 DATE: MAR 10 1976 MATTER OF: Edward H. Cain - Reimbursement of real estate expenses for sale of residence DIGEST: Employee sold his residence in reliance on information of pending stateside trans- for of function of his activity;the trans- fer was later delayed indefinitely and he accepted a transfer t'o Seoul, Korea, instead. Eraplbyee is not entitled to reimbursement of expenses incurred for the sale of his house since section 2-6.1 of the Federal Travel Regulations excludes reimbursement of expenses for sale of a residence when the transfer is between the United States and a post of duty Located in a foreign country. This action is before us on an apPeal from the deterrinston of our Transportation and Claims Division (now Clafzi Division) in Settlement Certificate Claim No. Z-2598111, dated Septemrber 9, 1975, disallowing the claim of Mr. EdMard M. Cain, an enmployee of the Defense Communications Agency (DCA), for re-al estate expenses incurred in connection with the sale of his resicence in Colorado Springs, Colorado. The record shows that in Februa.ry 1975, Cr. Cain was informed of the pending transfer of functioT; of his division of DCA from Colorado Springsto Scott AF, Illi:is. Subsequently, the em:ployees of his division wire briefed on the &ale of tc. !- residences and were advised of their entitlement to reimbursemenit of selling expenses under the applicable regulations. On April 29, 1975, it was announced that job transfers would be issued by Scott AFB between May 15 and June 1, 1975. Antici- pating such transfer and before the issuance of any travel orders, Mr. Cain entered into a contract for the sale of his residence on May 20, 1975. On June 6, 1975, Mr. Cain was informed that his transfer was delayed indefinitely pending the outcome of litigation concerning the transfer of function. With his residence under a contract for sale and his transfer to Scott AFB delayed, Mr. Cain was offered and accepted a transfer to Seoul, Korea, which was effected by Travel Order No. L03203 dated July 1, 1975. The sale of his residence in Colorado Springs was consummated on July 11, 1975. O 98501)~ u98q501-

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