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B-186346 1 (1977-01-03)

handle is hein.gao/gaobadeaw0001 and id is 1 raw text is: 








                                           THE  COMPTROLLER GENERAL
o             DECIuIgN .                .       THE UNITED aTATES
                                           WASHINGTON, D.C.            0545
                                  tITLP


             FILE:   D-186346                    DATE: Jaary 3, r19

             MATTER OF: Stanley F. Savoy - Miscellaneous expenses .,
                             Repayment of veteran's education assistance

             DiGEST:     Eiplayre withdrew from academic courses because
                         transferred in mid-quarter. Claim for amount
                         of repayment to Veterans Administ-ation of ben-
                         efits received may not be author -. d ror payment
                         since such expenses are not amng these contem-
                         plated in regulations, as held in B-162828,
                         November 16, 1967.

                  An authorized certifying officer of the National Oceanic
             and Atmospheric Administration (NOAA), has requested an advance
             decision concerning the.propriety of payment of the claim of
             Stanley F. Savoy for reimbursement for education benefits which
             he had to repay to the Veterans Adm..nistration when a transfer
             caused him to withdraw from an educational cat..e prior to com-
             pletion.

                  The record shows that Mr. Savoy was transferred from Spokane,
             Washingtonto Winnemucca,` Nevada, effective February 28, 1975.
             As a result of the transfier Mr. Savoy discontinued the college
             level courses he was taki g prior to the end of the term and
             was required:to repay to the Veterans Administration educational
             benefits whi6h he had recBived for the ther-current semestcr.
             Mr. Savoy states that the transfer was the iault of abolishment
             of his position at the Spolane office of the NOAA.

                  Tho agency denied Mr. Savoy's claim sirce the Federal Travel
             Regulations do not specifically provide for the reimbursement of
             such costs and on the basis of our decision B-162828,.dated
             November 16, 1967. We held in that deciAiun.that a transferred
             employee could not be reimbarsed for the cost of payment of his
             daughter's previously waive1 tuition because such expenses were
             not among those contemplated as miscellaneous expenses under
             the then current regulation, Section 3.1b of Bureau of the Budget
             Circular No. A-56, Revised October 12, 1966.

                 The regulation citbd above which was held co6trolling in'
             B-162828, supra, is a predecessor and substantially identical
             to the provision set forth in paragraph 2-3.1b of the Federal
             Travel Regulations (FTR), FPPR 101-7 (May 1973), witch governs
             Mr. Savoy's transfer. Mt. Savoy has stated that B-162828, supra,
             my be distinguished from his case since the claimant in that


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