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B-191135 1 (1978-03-14)

handle is hein.gao/gaobadfuc0001 and id is 1 raw text is: 
I


                             THE  COMPTROLLER OENERAL
DECISION                   . OF   THE UNITED EITATER
                             WASHINGTON.  D. C.  0546
                   01 IT~


FILE:   B-19

MATTER OF


DIGEST:


1135


DATE:  March 14, 1978


    W. Lane Abbott - Transfers - Relocation
    Expersea

Employee claims expenses incurred in
breaking apartment lease incident to
transfer from Ontario, Canada, to
Denver, Colorado.  Employee my not
be reimbursed cost of settling an
unexpiret lease as para. 2-6.1a of
Federal ITavel Regulations (FPMR
101-7) (iay 1973) issued pursuant
to 5 U.S.C. 5724a(a)(4) restricts
entitlement to such reimbursement Lo
employees whose old and new duty
stations are located within United
States, its territories and posses-
sions, Commonwealth of Puerto Rico,
and Canal Zone.


     This matter is before us based on the request for an advance
decision by Ms. Judith R. Harris, an authorized certifying officer
of the Department of the Interior, Eureau of Reclamation, a:< tc
whether Mr. W. Lane Abbott may be allowed reimbursement fr..- he
expense of braaking a lease incident to a permanent change of duty
station.

     The record shows that, in June 1977, Mr. Abbott was transferred
from his duty station in Peterborough, Ontario, Canada, to Denver,
Colorado.  In connection with this transfer Mr. Abbott had to
terminate his apartment lease and as a result he was required to pay
a lease termination penalty f-3 of $139. The agency has disallowed
Mr. Abbott's claim for reimbursement on the basis that. his old
duty station was in Canada and therefore he did not meet the con-
ditions for reimbursement as set forth in paragraph 2-6.1 of the
Federal Travel Regulations, FPMR 101-7 (May 1973). That provision,
issued pursuant to 5 U.S.c. 5724a(a)(4), provides in pertinent part1
as follows:

     2-6.1.  Conditions and requirements under which
     allowances are payable. To the: extent allowable
     under this provision, the Goverment shall reim-
     burse an employee for expenses required to be paid
     by hi!.4 in connection with the sale of one resi-
     dence at his old official station, for purchase


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