About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-196466 1 (1982-12-02)

handle is hein.gao/gaobadktk0001 and id is 1 raw text is: ITHE COMPTRCLLER GENERAL DECISION OFO THE UNITED UTATEB WASHINGTON, 0,0 0.20548 FILE: B-196466 DATE& December 2, 1982 MATTER OF: Alexander Sambolin - Entitlement to Home Leave Travel - Place of Actual Residence DIGWESTs 1. Federal Aviation Administration determined that employee's place of actual residence precluded travel at Government expense on home leave under 5 U.S.C. S 5728(a). Correction of error in overseas trans- fer agreement may be made when clearly shown that place of actual residence was other than the place named in the agreement. However, place of actual residence at time of transfer must be determined by agency on basis of all available facts. 2. Following our decision Matter of Rafael F. Arroyo, B-197205, May 16, 1980, reconslidered, B-197205, February 16, 1982, Federal Aviation Ad- ministration made a factual determination on the employee's place of actual residence based on independent review of all available evidence. Since agency's determination is not clearly arbitrary, capricious, or contrary to law, we will not substitute our judg- ment for the agency's as to the em- ployee's actual residence. Accordingly, the employee is not entitled to home leave and round-trip travel expenses. Mr. Alexander Sambolin requests a formal decision of this Office as to whether Sunrise, Florida, his post of duty prior to transferring to Puerto Rico, may be considered his place of actual residence for purposes of travel at Government expense on home leave. In denying Mr. Sambolin's claim, we are applyint. the analysis set forth in Matter ofRafaelF. Arroyo, B-197205, May 16, 1980, reconsidered B-197205, February 16, 1982. In those decisions, we refused to substitute our independent judgment for that of the Federal Aviation Administration in determining that .0

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most