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B-223306 1 (1986-10-23)

handle is hein.gao/gaobadmnp0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 20548 Decision Matterof: F. William Eikenberry - Back Pay Act - Temporary Duty Travel Expenses Incident to Erroneous Transfer File: B-223306 Date: October 23, 1986 DIGEST An employee stationed in Cheyenne, Wyoming, accepted a demotion and transfer to Denver, Colorado. His family remained in the Cheyenne area and he commuted to Denver. Following the transfer, he appealed that action to the Merit Systems Protection Board. The Board ruled in his favor and required the agency to restore him to his former position and location with backpay.. Hq now claims tempo- r ary duty* travel expanses-for the: period, contending t-hat, : since the transfer was improper, his permanent duty station- remained in Cheyenne and his duty in Denver was temporary. The claim is denied. Remedial action restoring an employee to old position and location does not convert the new sta- tion from permanent to temporary, even though expenses incurred were incurred because of the erroneous transfer. The only remedy available to recompense losses sustained due to unwarranted personnel actions is 5 U.S.C. S 5596 which limits recovery to pay, allowances and differentials. DECISION This decision is in response to a request from an Authorized Certifying Officer, Bureau of Land Management (BLM), Department of the Interior, concerning the entitle- ment of an employee to be reimbursed for lodging, meals, and travel expenses during the period June 14, 1982, to March 17, 1985. We hold that he is not so entitled for the following reasons. BACKGROUND Mr. F. William Eikenberry, a BLM employee, was the Associate State Director (GM-15) in the agency's Cheyenne, Wyoming, office. In early 1982, he was given a directed reassignment from that position to a Staff Assistant position at the GM-15 level in Washington, D.C. In lieu of that reassignment, Mr. Eikenberry elected to accept a transfer to the Denver

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