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B-194196 1 (1979-11-14)

handle is hein.gao/gaobadhss0001 and id is 1 raw text is: 



DECISION


, - . - r e


',IE COMPTROLLER GENERAL
OF   THE UNITED STATE'
WASHINGTON, D.C. 20548


FILE:  B-194196


DATE:  November 14, 1979


MATTER OF: Rose Inouye - Transfer - Real Estate Expenses


Agency has asked whether an employee who prior
to transfer indicated that she would not purchase
a residence at her new official station may
nevertheless be reimbursed for -expenses incident
to purchase of residence, in connection with
that change of official duty station. When an
agency determines that a transfer is in the
interest of the Government certain allowances
under 5 U.S.C. 5724 and 5724a, as implemented
by the Federal Travel Regulations (FPMR 101-7)
(May 1973), including that for real estate
transactions, are mandatory. Agency may not
deprive employee of reimbursement nor is
employee's statement of.intent binding.


     The question to be decided in this case is whether an
employee who has been issued a travel order authorizing travel
and relocation expenses incident to a permanent change of official
duty station may be denied her entitlement to reimbursement of
real estate expensesjincurred in connection with the purchase of
a residence at her new duty station based upon statements prior
to transfer that she would not purchase a residence. The
transferred employee has a legal right to reimbursement for
real estate expenses when the agency has determined that a
transfer is in the interest of the Government and such right
is not forfeited by employee's statements of intent.


     By letter dated February 9, 1979, Mr. Robert A. Carlisle,
an authorized certifying officer, of the Department of Health,.
Education, and Welfare, has asked whether Ms. Rose Inouye, an
agency employee may be reimbursed the amount of $311.79 for
expenses she incurred incident to the purchase of a residence
in Seattle, Washington, in connection with an intra-agency
transfer from Roselle, Illinois, to Seattle, Washington.

     On January 25, 1977, a travel order which stated that the
transfer was in the interest of the Government was issued
authorizing Ms. Inouye reimbursement for travel and relocation
expenses including that for real estate transactions. On


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