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B-188467 1 (1977-11-21)

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THE  COMPTOLLE'
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WASHINGTON.  D.C . POo-AD


FILE:    B-188467


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DATE:   November 21, 1977


OF:  W. Bruce Weaver - Relocation expenses of a
     Foreign Service Rese:ve employee

 A Foreign Service Reserve empleyee was transferred
 from Washington, D.C., to Seattle, Washington, and
 was erruneously authorized relocation expenses under
 5 U.S.C. 5724a and the Federil Travel Regulations.
 Transfers of Foreign Service employees are governed
 by For!ign Service Act of 1946, 22 U.S.C. 801, et sj.,
 and Volume 6 of Foreign Affai-s Manual, which do not
 contain authority for claimed relccaticn expenses.
 Relocation expenses may not be allowed Lnder 6 FAM
 113, Emergency, Unusual, or additional payment,
 which permits exceptions to Foreign Service Travel
 Regulations under certain conditions, since Foreig.
 Service Act of 1946 does not authorize such expenses,
 and 6 FAM 113 and 6 FAM 121.1-4 may not be used to
 authorize ocyments not otherwise allowable by law.


    This action results from the appeal of W. Bruce Weaver of the
Claims Division settlement dated January 4, 1977, which denied his
claim f',r reimbursement of cercain expen-es incurred in connect:an
with his transfer of perman. t duty station.

    Mr. Weaver, a Foreign S.rvice Reserve employee of the Passport
Office, Department of State, was transferred from tlashington, D.C.,
to Seattle, Washington, effective March 22, 1976. Incident to that
transfer he was issued a travel authoriztion dated March 17, 1976,
which authorized his relocation expenses pursuanL Lo the Federal
Travel Regulations,FPMR 101-7 (May 1973), including travel to seek
residence quarters, transportation of household effects, temporary
storage of household effects, miscellaneous expense allowance,
reimbursement of residence transaction expenses, subsistence while
occupying temporary quarters, and travel expenses for the employee
and his immediate family to the new duty station. Pursuant to this
travel authorization Mr. Weaver completed his relocation to Seattle.

    On May 20, 1976, the Department of State issued c-n amended
travel authorization stating that the March 17, 1976, travel
authorization was issued through administrative error. It further
stated that the former:


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