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B-204952 1 (1982-07-13)

handle is hein.gao/gaobadkmi0001 and id is 1 raw text is: 


DECISION


FILE: B-204952


THE cOr ipTnS14, R GENERAL
OF THe UNITIO STATES
WAUHIN1TON, o0, 60548



      DATE: July #,13, 1982


MATTER OF:


Joe Do Anderson - Real
Transfer from overseas


estate expenses -
duty station


SDI3EST:


Civilian employee of the Department of
the Army transferred from Fort Lewis,
Washington, to Seoul, Korea, with reem-
ployment rights at Fort Lewis,  His actual
residence was in Tacoma, Washington. Upon
completion of his overseas tour of duty,
the eiplcyee was reemployed at Salem,
Oregon, instead of Fort Lewis, He is not
entitled to reimbursement of real estate
expenses incurred in selling his residence
in Tacoma or purchasing asresidence in
Salem.  Under 5 U.s.C. § 5724(a)(4) and
VTR paragraph 2-6.1 (a), both the old and
new duty stations must be located in the
United States for reimbursement of real
estate expenses. Hero, the actual return
transfer of the employee was from Seoul,
Korea, to Salem, Oregon.


     Mr. 'Joe D. Anderson, a civilian employee of the
Department of the Army, has appealed Settlement Certifi-
cate Z-2827733, June 17, 1981, issued by our Claims
Group, which disallowed his claim for reimbursement of
the costs incurred in the sale of his home Jn Tacoma,
Washington, and the purchase of another residence at
Salem, Oregon, incident to his change of official
station from Seoul, Korea, to Salem, Oregon.

     The principal issue here is whether an employee
with reemployment rights at his former duty station
in the United States, who is transferred by an agency
from an overseas duty station to a duty station in the
United States, other than the one from which he was
transferred abrcad, may be reimbursed for expenses
incurred in selling his old residenceu or buying a new
residence, or both.  For the reasons set forth below,
we hold that the employee may not be reimbursed for
those expenses.


  The facts, briefly stated, are as follows.
  Anderson was transferred frorr Fort Lewis, 'Washington,
Seoul, Korea, in August 1972. At the time of'that


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