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B-185048 1 (1976-11-01)

handle is hein.gao/gaobaddyr0001 and id is 1 raw text is: S THE COMPTOLL.HR GJNVIAL DECISIONO. F THE UNITED BTATr-S WASHINGTON, .0, 2 054L 13-185048 NOV 1 DATE: MATTER tIGEST: OF: Samuel H. 3tackman - Claim for additional miscellaneous expense for loss on dental contract - Employee claimw additienal miscellaneous exprnse on basis that he paid $800, at his former duty station for .otnpletion of all orthodontia work required,, that he had received adjustment of,$100 at former duty statiQn and that he had paid $359 at new duty station for completion of work. Emloyee seeks difference between latter amoint and $100 adjustment. Forfeiture lose under ETRpara, 2-3.1,b(5) (May 1973) must be determined purnuant to specfic terms of contract, and mwttera independent thereof, such as cost of completing work or obtaining riplacement at new duty statfon are not for consideration fHowverr, in absence of contractual provislon regarding termination, employee may be reimbursed on degree of completion basis, This action is in response to the 19tter of September 30, 1975, from Mr. Guy Mario, an Authorized Certifying Officer with the Federal Mediation and Conciliation Service (Serviue). Mr. Marino forwards a voucher submitted by Mr. iamuel II. Sackman, an employee of the Service, for reimbursement of miscellaneous exponse in the amount of $259, undeir the follow- ing circumstances. Mr. Sackman was tiansfered from Buffalo, New York, to Los Angeles, California, during August 1971. Incident to that transfer, Mr. Sackman wvas reimbursed $200 as miscellaneous expense. He also claimed an additional $259 on the basis that such amount represented a forfeiture loss on a dental contract for the purpose of Federal Travel Regulations (FPMa 101-7) para. 2-3.1.1b (5) (May 1973). Mr. Sackmau submitteI the following statement in justification of his claim; Ij entered intoa contract with Dr. Carl Gugino of 7 Englewood Aveiue, Buffalo, New York, to complete all orthodontal work on my son for the total smi f $800. 00. R'd I not accepted the request by my Service to transfer, all of the orthodontal work for my son would have been completed for the total of $800. 00. There would not have been any extra charges. C C FILE; 1976 t

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