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B-212697 1 (1983-12-23)

handle is hein.gao/gaobadlmf0001 and id is 1 raw text is: 


                          THE COMPTROLLER GENERAL
  KICISION      .          OP THE UNITED       STATUE
                           WASHINGTON. O.C. 20548



  FILE:   B-212697              DATE: December 23, 1983

  MATTER OF: Leon H. Liegel


  DIGEST:
          The Forest Service determined that an
          employee's actual place of residence at
          the time of his appointment to the
          Federal service was Puerto Rico because
          that had been his principal place of
          abode and employment during the previous
          2 years. The agency's determination is
          not clearly erroneous in fact or
          contrary to law, so that no basis exists
          for changing it. Although the employee
          asserts that he was a legal domiciliary
          of Wisconsin, that has no bearing on the
          issue because a person's domicile and
          residence are not necessarily the
          same, and he had actually been residing
          in Puerto Rico long before he obtained
          Government employment there. Accord-
          ingly, the employee is not entitled to
          periodic home leave or round-trip travel
          expenses for trips to Wisconsin.

     Dr. Leon H. Liegel has asked for reconsideration of his
claim for home leave and associated travel benefits.1 We
conclude that he is not entitled to those benefits and
sustain the denial of his claim.

                         BACKGROUND

     Dr. Liegel was appointed to a position in Puerto Rico
with the Forest Service, U.S. Department of Agriculture, in
June 1973. Prior to that time he had been employed as a
specialist in tropical forestry by the Commonwealth of
Puerto Rico for nearly 2 years beginning in September 1971.




lAction taken by our Claims Group in Settlement
No. Z-2786650, issued January 3, 1983, denied the claim, and
that settlement is reviewed here under 4 C.F.R. Part 32 on
the basis of Dr. Liegel's request for reconsideration.

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