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B-196535 1 (1980-04-22)

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                            - YME COMPTROLLER GENERAL
EISION                    .OF THE UNITED STATES
                 SWA SH IN GTON , 0.C. 2D54 8
                     NITE,


FILE:   B-196535

MATTER OF: Richard J. Hennessey


DIGEST:


DATE:  Apr       1980


1.  Employee who receives appointment to
    manpower shortage position with Nuclear
    Regulatory Commission contemporaneously
    with discharge from military service has
    dual  intitle                  on of house-
    hold good  UGe'rment   will bear expense of
    employee s move up to the larger of the two
    entitlements. See B-177743, February 2,
    7 975, and B-173758, October 8, 1971.

2.  There employee (former Army member) has dual
    entitlement to transportation of household
    goods because of accession to manpower shortage
    position with Government agency contemporane-
    ous with military discharge, the cost factors
    involved in the shipment of the household
    goods by the Army on a Government Bill of
    Lading and the cost factors which compose the
    commuted rate payable by civilian agencies may
    not be interchanged to increase or decrease
    an employee's entitlement.


     This case concerns the amount of expense to be borne by the
Government for transportation of household goods for an employee
who contemporaneously with his discharge from military service
receives an appointment to a manpower shortage position with a
Government agency. We are asked whether an agency may reimburse
an employee in excess of the commuted rate allowance for the
move.  As will be explained, the employee may not be reimbursed
in excess of the commuted rate.

     The question is presented for an advance decision by
Angelo S. Puglise, Director, Division of Accounting, Office of
the Controller, Nuclear Regulatory Commission (NRC), Washington,
D.C., and involves an NRC employee, Richard J. Hennessey.

    l'ontemporaneous with his discharge in November of 1977,
Mr. Hennessey was to accede to a manpower shortage position
with the NRC in Atlanta, Georgia. As a discharged member, he


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