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B-206011 1 (1982-05-03)

handle is hein.gao/gaobadkgv0001 and id is 1 raw text is: 0 .t D2ECISION I ILE 0-206011 O1F THiI 'JNI T& (5TT1I WAS3HINGTON, C,o. Q0540 ? 192 DATE i,',jay 3193.)2 MATTER C DIGEST: Julie-nna To Tom Transferred employee' s entitlement to relocation expenses depends upon determination that transfer is nvt primarily for convenien-e or benefit of employee and GAO wiX. not disturb agency determination unless clearly erroneous, arbitrary, or capricious. Thus, agency determination to deny relocation expenses to employee who transferred fro4 iHawaii to Virginia is sustained where agency's determina- tion that transfer was for employee's own convenienco was based on fact that employee voluntarily transferred to 8cnet position with identical title, grade, and potential for promotion. Neither fact of competitive selection to position nor erroneous advice ns to relocation entitlements is basis to overturn agency deter~mination. Mr. Thovas N. Lyall, an authorized certifyinq officer of the Iiiternal Rovenue Service, requests an advance deci- sion regnding whether 14s. Julie-Anna T. Tom is entitled to relocation expenses incident to her transfer from Hawaii to Virginia. Consistent with his responsibility and author- ity, the appropriate official of the Enternal Revenue Service determined that the transfer was primarily for th3 enployee's benefit. Since we conclude that this determination was not clearly erroneo is not entitled list to arbitrary or capricious, rdlocation expenses. the claimiant. While on leave in Virginia, Ms. Tom, a GS-12, Revenue Officer, in Honolulu, Hawaii, became aware of an opening for a GS-12, Revenue Offiver, in Baileys Crossroads, Virginia. The position was listed in a vacancy announcement and, under a labor-management agreaenent, the applicants were to be rated and ranked. In Sepuemlber 1981, Ms. Tom applied for the posi- tion in Baileys Crossroads and she was competitively selected. Upon selection, she was told by the Servicing Personnel Office (Richmond District) that she would be authorized relocation expenses. :)F;

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