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B-186024 1 (1976-04-29)

handle is hein.gao/gaobaddoh0001 and id is 1 raw text is: 




DECISiON


FILE:


EN ITEV


THE  COMPTROL.ER GENERAL
OF   THE   UNITED STATES
WASHINGTON, 0. C. 20 548


DATE:


B-186024


APR 2 9 1976
              99003


MATTER   OF:                  -  Reimbursement  for real
                estate expenses - Time limitation
DIGEST:      Employee who transferred fr-om Valley Forge
             General Hospital to Indiantown Gap Military
             Reservation and reported for duty on June 11,
             1973, may not be reimbursed for real estate
             expenses of sale of former residence since
             settlement did not occur until July 7, 1975,
             more than 2 years after date of reporting.
             Time limitation imposed by para. 2-6. le of -
             the Federal Travel Regulations has the force
             and effect of law and may not be waived in
             any individual case. See 49 Comp. Gen. 145,
             147 (19869).

     This action is in response to an appeal by
  an employee of the Department of the Army, of a settlement issued
  by our Claims Division on January 29, 1976, settlement No.
  Z-2337577, disallowing the employee's claim for reimbursement
  of real estate expenses incurred in connection with the sale of his
  residence incident to a permanent change of station.

                was transferred in 1973 from Valley Forge General
  Hospital, Phoenixville, Pennsylvania, to the Indiantown Gap Military
  Reservation (IGMR), Annville, Pennsylvania, where he reported for
  duty on June 11, 1973. In November 1974 final approval was given
  to a request by the employee for a one-year extension of the initial
  one-year settlement date limitation for reimbursement of real
  estate expenses. A contract for the sale of      former
  residence was executed on March 7, 1975, well within the period
  of the extension, but settlement on the sale transaction did not occur
  until July 7, 1975, more than 2 years after the date the employee
  reported for duty at IGMR. Letters from the employee and the
  real estate agent handling the transaction suggest that the delay in
  settlement was the result of a misunderstanding by Veterans
  Administration (VA) personnel of the term artesian well used in
  the property descriptions which delayed VA approval of the pur-
  chaser's mortgage.

                  request for an additional extension beyond the one-
  year extension previously approved was denied by the Army and
  subsequently transmitted to our Claims Division as a claim for


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