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B-194032 1 (1979-06-19)

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DECISION





FILE:   B-194032


MATTER


DIGEST:


            THE  COMPTROLLER GENERAL
. j'. OF THE UNITED STATES
            WASHINGTON,  D.C  20548




                   DATE:  June 19, 1979


OF:   Stephen C. Ehrmann and Robert Fullilove -
    ' Relocation expenses  New appointees-

 Two new appointees were advised that expenses
 of moving to their first duty station would be
 reimbursable, apparenly on the assumption that
 they were Manp er Shortage appointees which
 they were not. There is no authority for reim-
 bursement of the moving expenses of non-shortage
 category new appointees to their first duty
 station in the continental United States) there-
 fore reimbursement is not proper. The fact that
 the employees relied on the erroneous representa-
 tives of agency emploI se in accepting their
 positions does not i f  se Government's liability,
 since the Government cannot be bound by the-etz-f
 its employees t-bat exceed their actual authority.


      The issue presented here is whether two newly appointed
 employees may be reimbursed for expenses incurred in relocating to
 their first duty station when they affirmatively relied on the prom-
 ised reimbursement in accepting the appointments. For the reasons
 set forth below, we hold that reimbursement is not proper.

      By letter of January 24, 1979, the Director, Finance Division,
 Office of Education, Department of Health, Education, and Welfare,
request-2an   advance decision on the reimbursement of relocation
expenses  for Mr. Stephen C. Ehrmann and Mr. Robert Fullilove. Both
men  were hired for limited term appointments (either 1 or 2 years,
the  record is not clear), as Program Officers working for the Fund
for  the Improvement of Postsecondary Education (Fund). Both were
apparently  hired at the grade GS-12 level in the GS-1720,
Education  Officer or Education Specialist, classification
series.

      One of the appointees requested that he be reimbursed for his
 moving expenses.  Inquiries were made by the Fund to determine if
 reimbursement could be authorized. Apparently the assumption was
 made that the appointees involved were Manpower Shortage
 category employees. Based upon information received from the


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