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B-194447 1 (1979-08-07)

handle is hein.gao/gaobadhmb0001 and id is 1 raw text is: 



DECISION


FILE:   B-194447


MATTER


DIGEST:,


  O0LLCR c,
o     ATHE COMPTROLLER GENERAL
          * OF   THE UNITED STATES
        /TWASHINGTOND.C.2054B


DATE:   August 7, 1979


OF:   William H. Buchenhorst -fTavel expenses 014 p
      erroneous transfer    U'

  Civil Service Commission restored employee to position
  at old duty station because defective reduction-in-
  force procedures had led to employee's transfer to
  new duty station. But Commission's action did not
  convert new duty station from permanent to temporary
  status. Consequently, employee is not entitled to


               travel expenses at new duty station.                .

     This decision responds to the appeal of Mr. William H.      P
Buchenhorst, who as an employee of the General Services Administra-
tion (GSA) claims travel expenses because of an unjustified change
of his permanent duty station. The claim was denied by our Claims
Division's Settlement Certificate No. Z-2773305, May 1, 1978.

     The issue is whether Mr. Buchenhorst is entitled to travel
expenses for work at the(permanent duty station to which) according
to the Civil Service Commission,(he had been improperly transferred
because of his agency's failure to follow reduction-i -force (RIF)
procedurs                                               C--- v1im&.-A
     Mr. Buchenhorst's position of Personnel Management Specialist
at GSA's Region 3 office in the Philadephia, Pennsylvania, area was
abolished, and Mr. Buchenhorst was notified on November 4, 1976,
that he would be subject to a RIF effective December 7, 1976. The
reason given was the reorganization of Region 3's Personnel Division
and transfer of a part of its function to Washington, D.C. Because
of the RIF he accepted an offer of a transfer to Washington, D.C.,
as a Employee Relations Specialist, effective December 7, 1976. He
reported for duty in Washington, D.C., on January 5, 1977. He main-
tained his family residence in Mickleton, New Jersey, while working
in Washington, and he frequently commuted to Mickleton fromWashington.
On August 11, 1977, he was restored to his former position in Phila-
delphia retroactive to December 7, 1976, because the Civil Service
Commission determined that Region 3 had failed to follow transfer of
function procedvres in connection with the RIF.

     There is no doubt that GSA intended that Washington, D.C., be
Mr. Buchenhorst's new permanent duty station at the time of his


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