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B-193507 1 (1979-04-20)

handle is hein.gao/gaobadhdr0001 and id is 1 raw text is: DIECISION FILE: B-193507 MATTER OF: 7 7G arsfer of- DIGEST: ~TdC1MPTROLLER GENJERAL i2~~~AAOF THE UNITED STATES WASHINGTON, 0. C. 2054E3 \F DATE: April 20, 1979 Samuel I. George -Real Estate Expenses Duty Station Outside United States Employee, who was transferred from New Mexico to Nicaragua in 1975 and then from Nicaragua to Colorado in 1977, may not be reimbursed expenses in connection with the 1975 sale of his former New Mexico residence and the purchase of a residence in Colorado in 1977. The statute and regulations require that both old and new duty stations be in the United States, its terri- tories or possessions, the Commonwealth of Puerto Rico or the Canal Zone. This decision is issued in response to Mr. Samuel I. George's appeal from Claims Division Settlement Certificate No. Z-2733959, September 26, 1978, denying his claim for reim- bursement of real estate expenses incurred incident to two transfers. In October 1975, Mr. George, an employee of the Department of the Interior, was transferred from Farmington, New Mexico, to Managua, Nicaragua. Incident to that transfer, he sold his Farmington residence and has claimed reimbursement of real estate sale expenses totaling $2,669.96. On December 20, 1976, Mr. George was transferred from Nicaragua to Denver, Colorado. On February 15, 1977, Mr. George purchased a residence in Lakewood, Colorado. In connection with the purchase, Mr. George has claimed $569.68, which includes a nonreimbursable loan origination fee in the amount of $369. rBoth claims were dis- allowed by the Department of the Interior and by -r-C-1a-ims G7 !-> FL 4 Dv4--ivsion because his transfers were to and from a location out- I/- side the United States For-t--a-r-easoh,theaid not meet one Of the statutory and regulatory conditions for reimbursement of real : e estate sale and purchase expenses; namely that both the old and new duty stations must be located within the United States or other specified area. In appealing the Claims Division's disallowance, Mr. George requests waiver of that condition of entitlement in view of the particular circumstances of his case. From a review of the

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