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B-194893 1 (1980-01-17)

handle is hein.gao/gaobadjbd0001 and id is 1 raw text is: 





DECISION





FILE:   B-194893


THE COMPTROLLER GENERAL
OF THE UNITEO STATES
WASHINGTON. D.C. 20548




      DATE: January 17, 1980


MATTER OF: Charles V. Liebscher - Quarters Allowance


Where DOD and Army regulations prohibit the grant
of living quarters allowance under section 031. 12c
of the Standardized Regulations to new local hires,
locally hired employee is not entitled to quarters
allowance based on fact that he moved between cities
within Germany at the time of his appointment.
Since circumstances of his employment did not meet
conditions for waiver of the alternative requirements
of section 031. 12b delegated to the local appointing
authority and since the head of agency did not
otherwise waive those requirements, employee was
properly disallowed quarters allowance.


   This is in response to the appeal b/Mr. Charles V. Liebscher,
a civilian employee of the U.S. Army; of hisLclaim for living
quarters allowance aan employee recruited outside t -e United
States] For the reasons discussed below we sustain the Army's
decision.

   On November 29, 1976, Mr. Liebscher was hired locally
by the Army for employment in Frankfurt, Germany. His
appointment followed a period of employment in Europe with a
United States company. He had traveled to Europe in January
to accept employment with the company under conditions which
did not provide for his return transportation to the United
States. He voluntarily terminated his employment with that
company in October 1976, at which time he was residing in
Kaiserslautern, Germany, approximately 85 miles from
Frankfurt. Mr. Liebscher claims that he was erroneously
advised at the time of his appointment that he was not entitled
to a living quarters allowance.

   United States citizens recruited outside the United States and
working for the Government may be granted a quarters allowance
only under certain circumstances, described in the Denartment
of State's Standardized            vernment Civilians,
oreign Areas . Subject to other limitations not per tien to
Mr. Liebscher's case, section 031 of the Standardized Regula-
tions authorizes the granting of a quarters allowance provided
that the employee's place- of residence is fairly attributable to

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