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B-193728 1 (1979-08-10)

handle is hein.gao/gaobadhmr0001 and id is 1 raw text is: 11007 THE COMPTROLLER GENERAL DECISION .OF THE UNITED STATES WASHINGTON. D.C. 20548 FILE: B-193728 DATE: August 10 1972 MATTER OF: Jan Unterzuber -LReal Estate Expenses Incident to Overseas Transfed DIGEST: 1. An employee, who was transferred from Washington, D.C., to Australia, is not entitled to reimbursement for real estate expenses since both the old and new duty stations were not located within the United States, its territories and possessions, Puerto Rico, or Canal Zone. See 5 I.S.C. § 5724a (1976). 2. An employee received assurances that he would be reimbursed for the expenses of selling a residence incident to his transfer to an over- seas post, although such assurances were contrary to 5 U.S.C. § 5724a (1976). He may not be reimbursed for real estate expenses even though he acted on reliance thereon since, in the absence of specific statutory authority to the contrary, the United States is not responsible for erroneous acts of its officers, agents, or employees. See court cases cited. This action is in response to a request by George A. Noggle, Commanding Officer, Naval Communication Station, Harold E. Holt, FPO San Francisco, California, for an advance decision concerning the en- titlement of Mr. Jan Unterzuber, an employee of the Department of the Navy, to be reimbursed for real estate expenses in the amount of $2,340.70 incident to a permanent change of station to an overseas duty station. The record indicates that on September 14, 1978, Mr. Unterzuber was transferred from the Naval Sea Systems Command, Washington, D.C., to the Naval Communication Station, Exmouth, Western Australia. Prior to the permanent change of station, Mr. Unterzuber was advised that he would be reimbursed for real estate expenses connected with the sale of his home in Virginia, and such reimbursement was authorized in his travel order dated August 9, 1978. Mr. Unterzuber sold his home on September 12, 1978, and he later claimed real estate expenses in the amount of $2,340.70. Upon arrival in Western Australia, Mr. Unterzuber filed his travel claim and was then advised that real estate expenses were not authorized for

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