About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-144304 1 (1979-09-19)

handle is hein.gao/gaobadhps0001 and id is 1 raw text is: I I - .16 DECISION FILE: B-144304 f~ T THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D OC. 20548 DATE: September 19, 1979 MATTER OF: Jack C. Stoller - Reconsideration Employee who applied for position at Parris Island, South Carolina, seeks reconsideration of our decision upholding agency denial of relocation expenses. Employee contends that his transfer was under a merit promotion plan and, therefore, in the Government's interest. However, it appears that transfer was lateral to a position with no greater promotion potential than employee's former position. Thus, transfer was an exception to merit promotion plan. See B-173783.192, December 21, 1976. Mr. Craig T. Sawyer, as the attorney of Mr. Jack C. Stoller, submits additional information relating to Mr. Stoller's claim for relocation expenses incident to his transfer from Pearl Harbor, Hawaii, to Parris island, South Carolina. Mr. Stoller's claim was denied by two decisions of this Office, Matter of Jack C. Stoller, B-144304, March 30, 1974, and October 4, 1977, basad on the ad- ministrative determination that his transfer was not in the Govern- ment's interest. The facts of this case were fully stated in the previous decisions and will not be repeated here, except where necessary. We are asked to reconsider the matter of Mr. Stoller's entitle- ment in light of the fact-that he was selected for the position at Parris Island under the Department of the Navy's merit promotion plan and to conclude that his transfer, therefore, was for the benefit of the Government. The contention that Mr. Stoller's selection for a merit promotion plan vacancy itself establishes his entitlement to reimbursement of relocation expenses appears to be based on the argument previously advanced by Mr. Stoller that the question of whether his transfer was in the interest of the Government is resolved by our holding in Matter of Stephen P. Szarka, B-188048, November 30, 1977. The Szarka case involved an Air Force employee who was transferred to fill a vacancy announced under a merit promotion plan. We there held that the Air Force had improperly refused to pay the employee's relocation expenses contrary to an + L-t -) DIGEST: e

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most