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B-196292 1 (1980-07-22)

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                      THE  C0MPT¶;0LLE;Z  GENEPAL
      ECIS~N ~         O  ~T'HE UNITED     STATES
                    <IVV A S-WNCGTON , 0 .C  2 0 5



   E:  -196292__            DATE.:July 22, 1980

\TTER OF:  Greg T. Montgomery - Relocation Iexpense~j


Employee of United States Forest
Service claims travel and reloca-
tion expenses in connection with
move to duty station at Payette
National Forest, Idaho, where
retroactive travel authorization
was issued on basis that break in
Government service was result of
erroneous advice by agency offi-
cials that he had to resign former
position at Logan, Utah, in order
to accept new position.  Payment
may.not be allowed as 5 U.S.C. 5724
and 5724a, which provide for reim-
bursement of travel and relocation
expenses, require that the change
in permanent duty station be without
a break in service.  The Government
is not responsible for any erroneous
advice or acts of its officers, agents,
or employees.


DIGEST:


     This action is in response to a request by Mr. H. Larry
Jordan, Authorized Certifying Officer of the United States
Department of Agriculture, for an advance decision concerning
the entitlement of Mr. Greg T. Montgomery, an employee of
the United States Forest Service, for reimbursement for
travel and relocation expenses incurred in connection with
his employment at the Pavette National Forest, New Meadows,
Idaho, subsequent to a break in Government service due to
his resigning from his former position with the Forest
Service in Logah, Utah.

     The record shows that Mr. Montgomery held a temporar.y
position with the United States Forest Service Intermountain
Forest and Range Experiment Station in Logan, Utah, when he
was offered a permanent position as a Supervisory Forest
Technician, GS-6, at the Payette National Forest (National
Forest) in New Meadows, Idaho.  Mr. Montgomery accepted


FIL

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