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B-195743 1 (1979-09-17)

handle is hein.gao/gaobadhpm0001 and id is 1 raw text is: 


                o     THE COMPTROLLER GENERAL
DECISION *.' .* OF THE UNITED STATES
                           WASHINGTON, D. C. 20549


FILE:

MATTER


DIGEST:


B-195743


DATE:  September 17, 1979


OF\ Gerald E. Kosh  - ntitlement to Transportation,
    Living Quarters, and Foreign Post Allowances

 1. Although letter from Government official
    advised him that he might obtain position if he
    went to Vietnam, employee of Defense Attache
    Office, Vietnam, is not entitled to transpor-
    tation, living quarters, or foreign post
    allowances.  Letter was not firm offer of
    appointment, employee was hired in Vietnam,
    and he was not eligible in accordance with
    applicable regulations for.allowances.


           2. Employee  who had traveled to Vietnam at own
              expense and had obtained position there claims
              transportation, living quarters, and foreign post
              allowances on basis of trip to United States for
              hospitalization. He is not entitled to allowances
              since agency determined that employee was not
              recruited again in United States since he did not
              have break in service and round trip between
              Vietnam  and United States was performed at
              Government  expense under temporary duty
              orders, and there is no evidence that agency
              determination was arbitrary or capricious.

    Mr. Gerald E. Kosh appeals the denial by our Claims
Division of his claim for entitlement to transportation, living
quarters, and foreign post allowances.. The claim was based
on Mr. Kosh's employment  with the Defense Attache Office,
Department of the Navy, Saigon, Vietnam.

   The  record shows that Mr. Kosh was employed by the
Defense Attache Office from December 10, 1973, until August 1,
1975.  His agency states that its first contact with Mr. Kosh
regarding employment occurred after he arrived in Vietnam.
Therefore, it was determined that Mr. Kosh did not meet the
eligibility requirements for overseas allowances prescribed in
the Standardized Regulations (Government Civilians, Foreign
Areas), issued by the Secretary of State. The record also
shows that the question as to his eligibility for return travel
and transportation allowances to the United States upon


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