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B-195374 1 (1979-09-14)

handle is hein.gao/gaobadhpg0001 and id is 1 raw text is: -~ THE COMPTROLLER GENERAL DECISION . OF-THE UNITEO STATES WASHINGTON, D. C. 20548 FILE: B-19537 DATE: September 14, 1979 MATTER OF: Robert Garcia - Relocation Expenses - Meritorious Claims Act . DIGEST: Employee was inadvertently removed from Department of Defense Priority Placement Program for a period of time after his RIF. He presents facts to show that removal from program, which was for purpose of job placement after RIF, may have delayed his reappoint- ment to nontemporary position for more than the 1 year period required for reimbursement of relocation expenses under FTR 2-1.5d(2). Claim for relocation expenses lacks elements of unusual legal liability or equity to justify reporting to Congress under Meritorious Claims Act, 31 U.S.C. § 236 (1970). This decision responds to the request of Robert Garcia that his claim for reimbursement of expenses for relocating to his permanent duty station with the Department of Defense at White Sands Missile Range, New Mexico, be referred to the Congress under the Meritorious CIiI'msA2!, 31U.S.C. § 236 (1970). By Settlement Certificate No. Z-2745382, October 24, 1978, our Claims Division disallowed the relocation expenses claimed because Mr. Garcia, subsequent to his reduction-in-force, was not reemployed in a nontemporary position within 1 year after the reduction-in-force action. Consistent with 5 U.S.C. § 5724a(C), paragraph 2-1.5d(2) of the Federal Travel Reg- ulations (FPMR 101, May 1973)authorizes payment of relocation expenses where an employee separated by reduction-in-force is reemployed within 1 year from the date of separation. The 1-year limitation may not be disregarded, even where the agency's delay in timely placing the em- ployee on its priority placement register contributes to his not being reemployed within the 1-year period. Jack Bernbaum, B-186245, September 22, 1976. After Mr. Garcia's reduction-in-force separation from his Air Force position in Birkenfeld, Germany, effective May 7, 1974, he returned to Detroit, Michigan, and was registered in the Department of Defense Priority Placement Program fo.r referral to vacancies aris- ing in the Department of Defense for which he was qualified and available. His registration and job referral eligibility under the program extended for a period of 1 year from the date of his separation. However, when he accepted a temporary appointment on August 28, 1974,

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