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B-210478 1 (1983-03-17)

handle is hein.gao/gaobadkyc0001 and id is 1 raw text is: 


                           THE COMPTROLLER GENERAL L4          4!
  OECISION                 OF THE UNITED        STATES
                           WAS HINGTON. D.C. 20548




  FILE:   B-210478              DATE: March 17, 1983

  MATTER OF:     James H. Gordon - Real Estate
                 Expenses - 2-Year Time Limitation

  DIGEST:
             Employee is not entitled to reim-
             bursement for real estate expenses
             incurred in connection with his
             permanent change of station from
             New Cumberland, Pennsylvania, to
             Warren, Michigan, on May 19, 1980,
             since settlement date did not
             occur within 2 years of date on
             which employee reported to new duty
             station as required by FTR para.
             2-6.1e (May 1973). The amendment to
             FTR para. 2-6.1e, allowing 1 year
             extension of 2-year time limitation
             for completion of residence transac-
             tions, is effective only for employ-
             ees whose entitlement period had not
             expired prior to August 23, 1982.
             Since the employee's entitlement
             period expired prior to that date,
             the amendment is not applicable.

     The question presented is whether Mr. James H. Gordon,
an employee of the Army Tank-Automotive Command, may be
reimbursed the expenses he incurred in the sale of a home
incident to a permanent change-of-station on May 19, 1980.
For the reasons stated below, we hold that he may not be
reimbursed.

     This decision is in response to a request from
Robert A. Kaspari, Finance and Accounting Officer, Army
Tank-Automotive Command, Department of the Army. Mr. Gordon
was employed by the New Cumberland Army Depot with his duty
station located in New Cumberland, Pennsylvania. Due to a
reclassification of Mr. Gordon's position, his position was
downgraded from GS-13 to GS-12 effective February 17, 1980.
However, Mr. Gordon was entitled to his grade of GS-13 for
a 2-year period, provided he did not decline a reasonable
offer of a position graded at GS-13 or higher. During March
1980, Mr. Gordon was contacted through the career referral
program for a lateral assignment to a grade GS-13 position





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