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B-186763 1 (1977-03-28)

handle is hein.gao/gaobadeei0001 and id is 1 raw text is: I Susan Caplan 04 iv.Pers. eTHW COMPTMOLLAO r. 4AL DUClUIDON . . O THE UNITEDn Es WA*NINGTON, 0. C. 2054S 04 ft .1' DATE: March 28, 1977 Samuel V. Britt - Relocation expenses 1. Request by claimantas attorney for adversary hearing for purpose of challenging and confronting adverse witness is denied because General Accounting Office is not vested with authority to hold adversary hea:ings for purpose of obtaining swtrn testi- mony and therefore decisions of Comptroller General must be made upon evidence in writte record. 2. Decision disallowing clain for real estate expenses incurred prior t6 claimant's official transfer is ai- firmed since agency has determined that expenses were incurred before agency intended to transfer claimant. This action is in response to a request by an attorney representing Mr. Samuel V. Britt for reconsideration of our decision B-186763, October 6, 1976, in which we disallowed Mr. Britt's claim for reim- bursement of expenses incurred in selling his residence in St. Thomas, Virgin Islands, prior to his transfer to St. Croix, Virgin Islands, as an employee of the Office of the U.S. Government Comptroller for the Virgin Islands, Department of the Interior. Mr. Britt's claim was disallowed because the agency had not deter- mined that the sale was incident to Mr. Brittts subsequent transfer and there was no fixed intretion to transfer Mr. Britt clearly evident at the time he sold his residence. Mr. Britt's attorney claims that we have denied Mr. Britt due process of law by basing'our decision on the information contained in a memorandum by Mr. Donald Moysey, former U.S. Government Comptroller for the Virgin Islands. Mr. Britts counsel claims that be never received a copy of the memorandum and therefore Mr. Britt was denied the opportunity to contradict it. The Department of Interior claims that all the material upon which its decision was based, which later was forwarded here, was made available to Mr. Brittts attorney. .44 I-,, FILE: 8-186763 MArTER OF: DIGEST:

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