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B-186560 1 (1976-12-09)

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Leslie Wilcox


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THE  COIPTROLLER GENERAL
or   THE UNITED TATES
WABHINGTON. D.C. 2004M
                              4


FILE: u156560


DATE:


MATTER OF*Milliam A. 'ischer   a Dverses  tout
             renewal agreement travel


DIGEST:


Employee'a overseas tour renewal awremeat travel
was poutponed because of Agriculture Department's
workload raquireseata. He r 'qrtook renewal agrecment
travel after notifLcation of A :ansfer within the
Department to conterminous United States. Employee
is not liable for repayfent of such travel expenaes
Io view of travel pomtpocaaent in interest of
Covernment and specific provision in the executed
renewal arew..sz  that transfer in the interest of
the Government  ill not be regarded as agreement
violation.  However9 provision of renewal service
agreeat   Is iaconsasteat with 5 U.S.C. 5728 and
a68.0y a own regulations and should be revised.


      This matter is before us on the request of Kay 12, 1976, frea
 Ms. Orrie C. Huet, an authurised certifying officer of the Departact
 of Agriculture, for a decisiob regardin that Deparwant's obligation
 to recover $794.89 paid in connection with the renewal agreament
 travel of Nr. William A. Vischer.

     Inacident to completion of his initial. 2 years of service in Juneau,
 Alaska, on August 18, 1975, Mr. Vischer entered Lto a renewal agree-
 ment for an additional 2**year tour of duty and requested leave for
 purposes of tour renealagreement travel to begin Augusn. 20,
 1975. Because of work load demands, Mr. Vincher's supervisor
 asked that the leave be delayed. By memoraadu dated July 31,
 1975, permission was givea bytthe Regional Forrester to delay
 the taking of leave no later than February 20, 1976. Mr. Vischer
 subseqiently requested leve to bugin December 8, 1915. That
 iLave request having been approved, a Travel Authorization was
 Issued on October 3, 19733 to co-er the requested round-trip
 travel from Juneau to kilo, Hawail limited to the expense of
 round-trip travel to the employee's actual residence in Corvallis,
 Oregos.

     At an unspecified date Mr. Vischer had applied for a positicun
Io Eugene, Oregon, under the Forest Service's erit Promotioa Plan.
O  November 27, 1975, he was offered and accepted a lateral transfer
with  the Foreat Service to Eugene, Oregon, tW be effective January 26,
1976.


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