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TH CPIVIPTr1DLLEP n0lEFAL
DU THE UN1JITED F1TATESE3
WASHIN GTON. O.L. c O S4[I
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FILE:
B-191121
MATTER OF: rinderman and Ho9tir
Expenses Incident to
DIGEST:
DATE:
- Real Estate
Overseas Transfer
This action is in response to a request for an advance
decision from ?atthew N, Novick, Financial Manager, Office
of the Secretary, Department of Lhe Interior (Interior),
concezning the entitlumrnnt of two Inieriot employees,
Robert V. indarmin and Willis A. Hustir, to reimbIutrSemflent
for real estate expensres incident to their transfer to
an overseas duty station,
The record indicates that effe*?tive January 19, 1975,
Mr. Linclerman transferred from his position with the
'apartment of the Iavy, Port Hueneme, California, to a
poisition with Interior in the Office of the Secretary,
Assistant Secretary Management, Office of ianaqement
Consultinq, inancial Systm1nis Division. On October 26,
1975, Mr. Hestir was reassiqned to a position with this
same Interior office from his position with the Buluau
of Indian Affairs, Albuquerciue, New Mexico. In both
instances, the employees' Standard Form 50 listed
the location of the erroloying office in Washington, D.C.,
but also indicated that the duty station would be Saipan,
Mariana Islands. The report from the agency states
that in order to attraci both employees to their jobs,
the agency advised them that they would be reimbursed for
the sale of their homer b;hen they moved. Th agency ntates
furthet tncit. thest' promises wet umnade in qood faith tnd
without the knowledge that real estate expenses may not
be reimbursed upon transfer to an overseas duty station.
Thu employuv have stated, on their own behalf, that their
new duty station wns actually Washinqton, .C., and thai
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Fmployeen, who were transferred to duty
station not within United States, its
territories or possessions, Puerto Rico,
or Canal Zone, are not entit]hcl to reim-
bursement for real estate expenses. See
5 U.S.C, q 5724a(a)(4) (1970), Erroneous
information by Government officials provides
no basis for payment, and these payments may
not bo waived under 5 U.S.C. e 5584 (1976).](ViewImageLocal?handle=hein.gao/gaobadgid0001&div=1&collection=&method=preview&ext=.png&size=3)