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B-193666 1 (1979-08-20)

handle is hein.gao/gaobadhnl0001 and id is 1 raw text is: 
                           THE  COMPTROLLER GENERAL
DECISION                   OF   THE UNITED        STATES
                        o  WASHINGTON. D.C. 20548




FILE:    B-193666                    TE: August 20, 1979

MATTER OF: Robert A. Caven - Relocation   Expenses


DIGEST:    Internal Revenue Service (IRS) employee transferred
           from San Francisco, California, to Sacramento,
           California, claims relocation expenses. He may not
           be paid such expenses since IRS determined that
           transfer was at claimant's request and primarily for
           his convenience and the record supports such a
           conclusion. See 5 U.S.C. §§ 5724 and 5724a, and
           paragraph 2-1. 3 of Federal Travel Regulations.

    This action is in response to a request for reconsideration of
Settlement Certificate No. Z-2769147, October 12, 1978, by which
our Claims Division disallowed Mr. Robert A. Caven's claim for
relocation expenses incurred incident to his transfer from San
Francisco, California, to Sacramento, California.

    Mr. Caven, who was formally a Group Manager for the Internal
Revenue Service (IRS) in San Francisco, California, states that on
October 10, 1974, he learned that an additional audit group would
be established in Sacramento, California. He states that on
December  3, 1974, the formation of four new groups was announced
at a joint meeting of Branches Five and Six, and one of these four
groups would be in Sacramento. Mr. Caven claims that he con-
sidered this to be a formal announcement because the location,
size, and group designation was stated. Subsequent to this meeting
Mr.  Caven told his Branch Chief that he had an interest in trans-
ferring to Sacramento. - On February 10, 1975, Mr. Caven wrote
a short letter to Branch Chief Six which provided:

         For personal reasons I am requesting that my
    official post of duty be changed from San Francisco
    to Sacramento.

         I fully understand that a money freeze is in
    force and accordingly I will waive all moving costs
    now and forever.

Mr.  Caven subsequently transferred to Sacramento. He now claims
that he cannot waive a right to which he is entitled, that other people
were given moving expenses in similar situations and, therefore,
he should be reimbursed for his relocation expenses.

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