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B-182226 1 (1976-04-21)

handle is hein.gao/gaobaddox0001 and id is 1 raw text is: D r 1, 11 10P1 Ni I/ - B-182226 THE CMPTROLLER GENERAL OF THE UNITED STATES WASHINGTC)N,' D. C. 20546 Lao S13 11 0O~ DATE: APR 2 1 1976 * James E. Brown-- Reconsideration of Disallowance of Living Quarters Allowance and Backpay 1. On basis of United States v. Bank of Metropolis, 40 U. S. 377 (1841) employee stationed overseas contends that once one personnel officer deter- mined he was entitled to living quarters allow- ance, another personnel officer had no authority to reverse that determination. However, we held that determinations made by one personnel officer can be reversed by another since such determin- ations are interlocutory and not final orders. 2. Employee also contends that he is entitled to backpay incident to 30-day period agency placed employee on LWOP, that he contends was adverse action. However, employee did not file appeal with Civil Service Commission (CSC) of alleged adverse action within prescribed time limit and CSC refused to consider appeal. Because no determination has been made that employee suffered unjustified personnel action, there is no entitlement to backpay under law and regu- lations. This matter involves a request for review and reconsideration, by Mr. James E. Brown, a Department of the Army civilian employee stationed in Germany, of our decision 1-182226 of January 27, 1975, that sustained the disallowance of Mr. Brown's claim, for living quarters and relocation allowances and backpay, made by our Trans- portation and Claims Division (now Claims Division) in a settlement of July 31, 1974. Mr. Brown was hired by the United States Army Engineer Command, Frankfurt, Germany, as an Accounting Technician, grade GS-5, on May 7, 1971. Shortly thereafter the employee was transferred to Worms, Germany. Cn August 5, 1971, in Frankfurt, Germany, during the personnel processing incident to the change of station, Mr. Brown executed a 36-month transportation agreement (MD Form 1617). with the Department of the Army which listed Route 5, Box 152A, Lewisburg, Tennessee, as his place of actual residence at the time of his initial employment with the Department of the Army. The significance of this agreement was to authorize travel and transportation expenses FILE: MATTER OF: DIGEST:

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