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B-213807 1 (1984-05-10)

handle is hein.gao/gaobadlrp0001 and id is 1 raw text is: THE COMPTROLLER MENENAL DECISION .'OP THE UNITEO ITATEI WASHINGTON. 0. . 90548 FILE: B-213807 DATE: May 10, 1984 MATTER OF: James L. Skolaut - Relocation Expenses - Transfer at Employee's Request DIQEST: An employee who was transferred without authorization for reimbursement of reloca- tion expenses claims entitlement to reim- bursement on the grounds that his transfer was in the interest of the Government. The employing agency determined that the trans- fer was primarily for his convenience since it was at his request. Since the record does not indicate that the determination was arbitrary or capricious, GAO will not disturb it. This decision is in response to a request from the Assistant Secretary for Administration and Management, U.S. Department of Labor (DOL), concerning the entitlement of Mr. James L. Skolaut to relocation expenses he incurred incident to his permanent change of station from Portland, Oregon to Omaha, Nebraska. Mr. Skolaut, an employee with the DOL Employment Standards Administration (ESA) was not authorized relocation expenses in connection with his transfer, but claims he is entitled to reimbursement of those expenses because his transfer was in the interest of the Government. Officials at ESA denied Mr. Skolaut's claim on the grounds that his transfer was at his request and for his convenience. For the reasons we will explain below, we agree that Mr. Skolaut is not entitled to reim- bursement. FACTS In November 1981, Mr. Skolaut, who was then an Area Director in the ESA Portland Area Office, filed in advance for an expected vacancy in the same position in the Omaha Area Office. On December 17, 1981, he wrote a memorandum and added to his request for transfer the understanding that he would pay a portion of his moving expenses for which PCS money was not available. The DOL Kansas City Regional Office issued the expected vacancy announcement on February 10, 1982. On February 21, 1982, Mr. Skolaut

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