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B-196795 1 (1980-06-05)

handle is hein.gao/gaobadihz0001 and id is 1 raw text is: <I 0, THE COMPTROLLER GENERAL DECISI 10 .N OF THE UNITED STATES WASHINGTON. D. C. 20549 FILE: B-196795 DATE: June 5, 1980 MATTER OF: Dr. William Post, Jr. - Failure to Fulfill Overseas Service Agreement - New Appointee DIGEST: Claimant was selected for appointment to position in Puerto Rico and signed 12-month service agreement. Agency paid travel and transportation expenses, but after arrival in Puerto Rico, he refused job and left without performing any duties. He is liable for amounts paid by agency since he failed to fulfill agreement for reasons not beyond his control. Service agreement is not con- tractual but is statutory condition for new appointee. Also, since statute specifically refers to individuals selected for appoint- ment, appointment itself is not necessary before obligation is incurred. This action is in response to a request from the United States Department of Agriculture for a decision whether it should continue collection efforts against Dr. William Post, Jr., to recover payments made to him for travel and transportation expense7 Dr. Post was offered and accepted a position as a GS-11 Research Wildlife Biologist with the Forest Service, United States Department of Agriculture, in Luguillo, Puerto, Rico. The offer advised Dr. Post that he would receive a cost-of-living allowance (COLA) of 12.5 percent, in addition to his base salary, and that he would be required to occupy Government quarters adjacent to the parrot aviary at Luquillo. The offer also stated: If the Government pays for your move, you must sign an agreement to remain in the Government service for one year from your duty reporting date. Dr. Post accepted the position on November 27, 1978, and agreed to report to duty on December 18, 1978. He also signed a request for travel authori- zation with the usual service agreement statement as follows: 4 -I

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