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B-205403 1 (1982-01-08)

handle is hein.gao/gaobadjzx0001 and id is 1 raw text is: / DECISION FILE; B-205403 MATTER OFi I DIGEST: THE COMPTROLLUER MINERAL OFTHt UNITED STATES WABHINQTON, DC , , 20154 3 DATE: January 8, 1982 Technical Sergeant Gary K. Zahrt, USAF , Due to administrative error, a service member's eligibility for a deferral of permanent change of station due to lacf of facilities necessary for one of his depend- ents was not discovered until after his arrival, with dependents, at the new station, He was then reassigned to another station, There is no legal authority to reimburse the member for extra expenses relating to the two changes of station in excess of travel and relocation allowances set by statute and regulation, allowances already received by the member. 2, Accelerated reassignment of a service member due to adrinietrative error is not an event of an unusual nature unlikely to recur, Claim for additional expenses relating to such a reassignment does not contain such elements of legal liability or equity os to warrant sulimission to the Congress under the Meritorious Claims Act of 1928. This decision is in response to a request from Technical Sergeant Gary K. Zahrt, USAF, for reconsideration of our Claims Group's denial of his claim for additional reimbursement of ex- penses he indicates he incurred for transportation, lodging, food, clothing, laundry and household goods in connection with pep-nanent changes of station in 1980. For the reasons set forth below, we sustain the denial of the claim. In addition, we concur with our Claims Group's conclusion that the claim does not contain such elements of legal liability or equity as would warrant reporting it to the Congress under the Meritorious Claims Act of 1928. 0 In July1 1980, Sergeant Zahrt was reassigned on permanent change-of-station orders from Sheppard Air Force Base, Texas, to Incerlik, Turkey. Because one of his dependents required special educational and medical facilities unavailable at Encerlik, Sergeant Zahrt was eligible for a deferral from the overseas assignment. Due to an administrative error, Sergeant Zahrt's eligibility for the deferral was not established until after he and his family had arrived in Incerlik, on August 29, 1980. Once q I

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