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B-205640 1 (1982-06-18)

handle is hein.gao/gaobadkko0001 and id is 1 raw text is: 

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THI CCMPTRJLLR OMlNURAL
OF TH&I UINITE  *TAT5S8
WABHINGTON14, OC3, 20540


8-205640


DATEi


-June 18, 1982


MATTER C.i

DIGEST:


Ft


Daniel C. Murphy


Employee whose reemployment rights under
10 U.S.C. S 1586 were not recognized follow-
in his completion of an ovecseas tour of
duty accepted a position in another geo-
graphical location upon his return to the
United States and continued to work there
until he was assigned to another overseas
tour. Upon completion of tht latter tour,
he was not entitled to reassignment to the
duty station to which he may have initially
had reassignment rights, but was only en-
titled to reassignment to his last duty
station in the cor.tinental United States.
Such assignment did not constitute temporary
duty, and he is, therefore, not entitled to
reimbursement for travel expenses incurred in
connection with that assignment.


     This decision responds to the appeal of Mr. Daniel G.
Murphy, an employee of the Department of the Army, of our
Claims Division settlement, dated August 12, 1981, which
denied his claim for travel expenses incurred during a
purported 9-month temporary dut- issignment. Since pay-
ment of expenses for travel betr en the employee's home
and his duty station im not statutorily authorized, we
sustain the settlement of the Claims Division.

     The record shows that in August 1971, while employed
as a supervisory equipment specialist at the U.S. Army
Electronics Command (ECOI), Tobyhanna, Pennsylvania,
Mr. Murphy was reassigned to Long Binh, Vietname The
SF-50 Notification of Personnel Action documenting that
reassignment states that Mr. Murphy had reemployment
rights with the ECOM Field Office, Western Hemisphere, at
a duty station to be specified. These orders indicated
that he did not qualify for reemployment rights granted
by 10 U.S.C. S 1586.  The record indicates that while
Mr. Murphy was stationed in Vietnam on this assignment,
the field office at Tobyhanria was discontinued by ECOM
Order No. 27, dated May 18, 1972.


FILE:

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