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B-199943 1 (1981-08-04)

handle is hein.gao/gaobadjpe0001 and id is 1 raw text is: 044 , THE COMPTROLLERE DECISION O F THE UNITEO STATES 0 WASHINGTON. 0. C. 20548 FILE: B-199943 DATE: August 4, 1981 MATTER OF: Norman C. Girard - Relocation Expenses Transferred employee's entitlement to relocation expenses is contingent upon, among other things, determination that transfer is not primarily for the con- venience or benefit of employee or at his request. Primary responsibility for determination rests with agency. GAO will not disturb agency's determi- nation unless clearly erroneous, arbi- trary or capricious. Neither possible misconception by agency as to why employee was building house at new duty station prior to transfer nor fact that employee was selected for announced vacancy is sufficient in and of itself to overturn agency's determination that transfer was primarily for employee's benefit. The issue in this case is whether the deter- mination of the Internal Revenue Service (IRS) that the transfer of Mr. Norman C. Girard, one of its employees, was primarily for his convenience or benefit or at his request, thereby disqualifying him for relocation expenses, should be overturned or allowed to stand. As hereinafter explained, we find nothing in the record sufficent to overturn the agency's determination. Effective January 28, 1979, Mr. Girard, an employee of the Internal Revenue Service, Western Region, was reassigned from a Revenue Officer posi- tion in San Jose, California, to a position in Santa Cruz, California, bearing the same title and GS series number. He was employed in Santa Cruz at the same GS-II, step 3 salary he earned in San Jose. Under the Remarks section of the Standard Form 50 which documents his reassignment it is stated, Moving Expenses under P.L. 89-515 are not author- ized. Mr. Girard was selected for the position in Santa Cruz after applying for an announced vacancy. DIGEST: All

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