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B-204951 1 (1982-03-04)

handle is hein.gao/gaobadkct0001 and id is 1 raw text is: 
/


DECISION


Tt'I4I LoiV1PTRCLLUR
OF TH174 UNITED
WASHINGTONt D,


FILE; B-204951

MATTER OIF; R


DIGEST;


DATE :arch Ii, 1982


toy Simpson


I.  Employee transferred frcm- adrid,
    Spain, to Washington, DPe,, was
    issued travel orders which errone-
    ously authorized temporary quarters
    subsistence expenses for a period
    not to exceed 90 days. With excep-
    tions not here pertinent, reimburse-
    ment for such expenses is limited
    to 30 days,  5 U.SC. § 5724a(a)(3),
    Notwithstanding error in travel
    orders claim for. expenses after
    30 days spent in temporary quarters
    may not be allowed,  55 Comp, Gen,
    1107 (1976). General rule against
    retroactive modification of orders
    is not a mechanism by which author-
    izing official may expand scope of
    his authority as limited by law
    and regulations.
2. Employee reasstiged to Washington,
    D.C,' from a foretgn post of duty
    may n6t-be roimbursed for cost of
    sellihg his residence at prior duty
    station in* Florida@. Both the old
    and-new duty stations of a trans-
    ferred employee must be located,
    within the 50 States, the-District
    of columbia, the territories and
    possessions of the United States,
    the ,Commonwealth of Puerto Rico,
    or the Canal Zone to entitle him
    to reimbursement for expenses in-
    buyingor sellinhg a .reidence under
    5 U,.S.C. § 5724a(a)(4). Prior duty
    statibn in United Stahes at which
    traisforred employee lhad reemploy-
    ment rights cannot be considered
    constructive old duty station for
    purpose of entitling employee to
    rcal estate expenses in connection
    with transfer from overseas post
    of duty.


OENERAL
13 TAT 9E0
0, 2054D

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