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B-196260 1 (1981-03-11)

handle is hein.gao/gaobadjer0001 and id is 1 raw text is: DECISION FIL? 96260 MATTER DIGEST: f/ OF: Johnny R. Dickey - Violation of service agreement Employee who had fulfilled overseas service agreement with first agency transferred to position in the United States with another agency and there- after breached service agreement with second agency. Notwithstanding viola- tion of service agreement, employee is not required to refund transfer expenses paid by second agency where those were solely for transportation of household goods and employee's own travel, since he was entitled to such expenses as a consequence of having satisfied overseas service agreement with first agency. Mr. Johnny R. Dickey requests reconsideration of our Claims Division's September 17, 1979 denial of his claim for refund of transfer-related expenses collected as a result of his breach of a service agreement. The record indicates that Mr. Dickey was transferred on February 16, 1972, from Corbin, Virginia, to Ewa Beach, Hawaii, in connection with his continued employment with the National Oceanic and Atmospheric Administration, Depart- ment of Commerce (NOAA). At that time, in accord with 5 U.S.C. 5 5724(d) (1976), Mr. Dickey signed a service agree- ment in which he designated Memphis, Tennessee, as his actual place of residence and by which he agreed to remain in Govern- ment service for a period of 2 years following the effective date of his transfer unless separatd for reasons beyond his control. Mr . Di ckeY r'e-ained with the NOAA in HawaLi until September 22, 1977, at which time he transferred to the U.S. Geological Survey, Department of the Interior (Geological Survey), Metaire, Louisiana. Incident to that transfer Mr. Dickey signed a service agreement by which he agreed to remai n in Covernment svrvice. for 1 year following t>e date of his transfer and in consideration of which he was reimbursed $1,404.83 for transportation of household goods and $148.04 for airfare from Hawaii to Los Angeles. Because he resigned from his position with the Geological Survey before he coin- pleted 1 year of service, the Geological Survey set off the net amount of his final salary and lump-sum -ave paymonts against his indebtedness of $l,552.04. TECOMPTROLLER GENERAL ~ .OF THE UNITED STATES WASHINGTON. 0.C. 20548' DATE: March 11, 1981 '0~

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