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B-190202 1 (1978-08-14)

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        -75* TrHfEe COMIPYSOLL: 77                      iNRA.  A
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  FILE:   B-190202                 DATE:  August 14, 197.

  MATTER   OF:   Edward B. Connors  - Relocation Txpenses of
                 Scarce Category Employee

  DGEST:     Scarce cstegory employee was authorized transpor-
             tation of his immediate family and housetrailer from
             Red Bluff, California, to Pocatello, Idaho, incident
             to appointment effective January 20, 1975. Authorized
             transportation did not begin for 26 months since em-
             ployee wanted family to remain in California until AGE
             discrimination complaint filed by him after unsuccessful
             application for position in Oregon was settled. Em-
             ployee may not be reimbursed costs of transportation
             of immediate family and household goods since 2-year
             limitation on beginning of transportation prescribed
             in Federal Travel Regulations (FPMR 101-7) para.
             2-16a(2) (May 1973) may not be waived.

    This action is taken pursuant to a request from Mr. H. Larry
Jordan. Head, Certification Section, National Finance Center, U. S.
Department of Agriculture, for our decision as to whether he may
certify for payment a claim of Mr. Edward B. Connors, an employee
of the Department, for transportation of his immediate family and
household goods to his official duty station.

   Mr.  Connors, a new scarce category employee of the Forest
Service, was authorized transportation of his immediate family and
housetrailer from Red Bluff, California, to Pocatello, Idaho, incident
to his appointment effective January 20, 1975. Federal Travel Regu-
lations (FTR) (FPMR 101-7) para. 2-1. Sa(2) (May 1973) states in
pertinent part, The maximum time for beginning allowable travel
and transportation shall not exceed 2 years from the effective date
of the employee's transfer or appoihtment * * *.  Mr. Connors
did not transport his famnily and household goods to Pocatello until
March  2 and 3, 1977, some 26 months after he had reported for
duty. During the 26-month interim period Mr. Connors applied
for a job in Medford, Oregon, but was -not hired. He filed an equal
employment  opportunity (EEO) coniplaint and a grievance against
the hiring agency, charging age discrimination and improper selec-
tion practices, and decided not to move his family from California
until his EEO complaint had been resolved. Because of delays a
determination of the validity of his complaint and grievance was
not made until after the 2-year period allowed under FTR para.

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