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B-205958 1 (1982-07-13)

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CECISIOIM


THU COMPTROLLER EWNERAL
OF THE UNITED S1TATR
WASHINGTON. 0.0, 5t0I354U


B-205958                DATE: July 13, 1982


MATTER OF:


John J. Pertzke - Relocation, Expenses,


Employee transforred from Zweibrueclcen,
Germany, to Ogden, Utah, claims relo-
cation expontes on basis that transfer
to new pnsition could be considered to
be in the interest of the Government.
However, although position was adver-
tised under a vacancy announcement
issued pursuant to agency's merit
promotion program, position at Ogden
was at a lower grade with no greater
promotion potential. Thus, his appoint-
ment was exception to merit promotion
under Office of Personnel Managoment
regulations. Moreover, employee
desired to relocate to Ogden area and
was advised that his request for release
from his overseas transportation agree-
ment was disapproved and that he would
not be reimbursed costs of transfer.
Therefore, the claim must be denied.


     The issue in this case is whether Mr. John Hertzke's
transfer was in the interest of the Government so that
he may be entitled to relocation expenses incident to
a change of his permanent duty station.  For the reasons
stated below we hold that Mr. Hertzke is not entitled to
relocation expenses.

     Mr. Hertz)e was the Command Security Officer, GS-12,
for the Defense Subsistence Region, Europe (DSRE), a sub-
ordinate activity of the Defense Logistics Agency (DLA).
During July 1981, Mr. Hertzke learned of and applied ;1or
an announced vacant position an Conuand Security Officer
for the Defense Depot, Ogden, Utah (DDOU), also a subordi--
nate activity of DLA. That position was announced by
vacancy announcement #204, dated July 17, 1981, issued
pursuant to the agency's Merit Promction Plan and was a
GS-11 position with no additional promotion potential.
Mr. Hertzce's desire to relocate apparently stemmed from
two concerns.  First, Mr. Hertzke's place of domicile was
near Ogden; he owned a home in the area which was occupied
at the time by two of his children; and he intended to


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