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B-212687 1 (1984-02-11)

handle is hein.gao/gaobadlnu0001 and id is 1 raw text is: 



OECISION




FILE:  B-212687


THE COMPTROLLER GENERAL
OP THE UNITED ETATES
WASHINGTON. 0.C. 20548



      DATE:   February 22, 1984


MATTER OF:    Carol S. Stanley - Relocation Expenses -
               Transfer for Employee's Convenience
DIGEST:    A transferred employee's entitlement to
           relocation expenses depends upon a de-
           termination that the transfer is not
           primarily for the convenience or benefit
           of the employee. Our Office will not
           disturb an agency determination unless
           it is clearly erroneous, arbitrary, or
           capricious. Thus, we sustain an agency
           determination to deny relocation expenses
           to an employee who transferred from
           Washington, D.C., to Coeburn, Virginia,
           where the agency determined that the
           transfer was for the employee's own
           convenience since she voluntarily
           transferred to a lower graded position
           which was not subject to the agency's
           merit promotion plan. The fact that
           she was competitively selected for the
           position does not overturn the agency
           determination.

     The issue in this decision is whether an employee's
transfer was in the interest of the Government so that she
may be reimbursed for relocation expenses in connection
with the change of her permanent duty station. Under the
analysis which follows, we hold that the employee's
transfer must be characterized as being primarily for her
own convenience or benefit. Therefore, the employee is
not entitled to reimbursement for her relocation expenses.

     Mr. John R. Nienaber, an authorized certifying
officer with the Department of Agriculture's (USDA),
National Finance Center, requests an advance decision
regarding whether Ms. Carol S. Stanley is entitled to
reimbursement of relocation expenses incident to her
transfer from Washington, D.C., to Coeburn, Virginia.
The Forest Service has denied her claim on the basis that
the relocation was primarily for the convenience of the
employee and not in the interest of the Government.



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