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B-198028 1 (1980-11-03)

handle is hein.gao/gaobadira0001 and id is 1 raw text is: I ~~~;// t1r-_Zr rx THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES V WASHINGTON, D.C. 20548 FILE: B-198028 DATE: November 3, 1980 MATTER OF: Muriel V. Landry - elocation Expense DIGEST: Employee of HUD relocated &her residence one year prior to issuance of travel orders transferring her. Employee may not be reimbursed real estate expenses as there is no evidence of a previously existing administrative intention to transfer her and there has been no agency determination that the move was incident to the transfer. Joan E. Marci, B-188301, August 16, 1977. By a letter dated February 26, 1980, May V. Smith, an authorized certifying officer with the San Francisco Regional Office of the Department of Housing and Urban Development (HUD), requested an advance decision regarding the reimbursement of real estate expenses claimed by Ms. Muriel V. Landry. For the reasons set forth below, we find that Ms. Landry is not entitled to reimbursement of the claimed expenses. The record shows that on December 15, 1977, Ms. Landry, an employee of HIUD whose duty station was Los Angeles, California, sold a residence in Granada Hills, California. On March 20, 1978, she purchased a residence in Scottsdale, Arizona. On March 29, 1979, a travel authorization was issued to Ms. Landry for a change of duty station from Los Angeles to Phoenix, Arizona. In her request for reimbursement of real estate expenses Ms. Landry indicated that her first attempt to transfer fell thru at which time she had already sold her house in Los Angeles and purchased the house in Scottsdale. The certifying officer inquires whether or not Ms. Landry is entitled to reimbursement in light of our decision Joan E. Marci, B-188301, August 16, 1977. In that case we held that the reimburse- ment of expenses incurred prior to or in anticipation of a transfer of official duty station may be allowed only if the travel order subsequently issued includes authorization for expenses on the basis of a previously existing administrative intention, clearly evident at the time the expenses were incurred by the employee, to transfer the employee. We also noted in Marci, that where an employee has relocated his or her residence prior to the transfer, relocation expenses shall be reimbursed only if the agency determines that the relocation was incident to the change of official station. 4 a_

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