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B-203007 1 (1981-10-09)

handle is hein.gao/gaobadjuv0001 and id is 1 raw text is: 



                             THE COPTROLLER GENERAL
   DIECISION     .        . OF THE UNITED        STATES
                            WASHINGTON. D. C. 20549




   FILE: B-203007                 DATE: October 9, 1981

   MATTER OF: Ignacio J. Pangelinan - Real Estate
                 Expenses   Transfer from Overseas Duty
                 Station
   DIGEST:

            Civilian employee of Department of Army who
            transferred from overseas post at Donnerberg,
            Germany, to Lathrop, California, is not en-
            titled to reimbursement of real estate ex-
            penses since both stations are not in the
            United States as required by 5 U.S.C.
            S 5724a(a)(4). Employee's contention re-
            garding return rights under 10 U.S.C. S 1586
            is not supported by the administrative record
            and is not material to disposition of the
            claim.

     Mr. Ignacio J. Pangelinan, a civilian employee of the
Department of the Army, has requested reconsideration of
our Claims Group's adjudication of March 31, 1981, dis-
allowing his/claim for reimbursement of real estate ex-
penses incurred in the sale of a residence on Guam and
the purchase of a residence in California incident to his
transfer to Sharpe Army Depot, Lathrop, California. While
Mr. Pangelinan indicates disagreement with the denial deter-
mination of our Claims Group, he points to no factual error
and has cited no legal precedent which would indicate a
mistake of law. Thus, on the basis of the administrative
record before us, we are sustaining our Claims Group's
action.

     The record shows that Mr. Pangelinan's official duty
station from October 14, 1976, until May 8, 1978, was at
the Defense Communications Station in Donnerberg, Germany,
from which he transferred in June 1978, to the Sharpe Army
Depot in Lathrop, California. In connection with this
transfer Mr. Pangelinan sold a house he owned on Guam in
November 1978, and purchased a house in Manteca, California,
in March 1979. Under these facts, Mr. Pangelinan sought
reimbursement for real estate transaction expenses.

     Section 23 of Public Law 89-516, 80 Stat. 323, July 21,
1966, now codified in 5 U.S.C. § 5724a (1976), authorizes
reimbursement of certain expenses associated with the sale

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