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B-226352 1 (1987-06-29)

handle is hein.gao/gaobadmtd0001 and id is 1 raw text is: 0of the United States Washington, D.C. 20548 Decision Matterof: -Frank Penkevich - Real Estate Expenses - Time Limitation File: B-226352 Date: June 29, 1987 DIGEST An employee had 3 years from the date he reported for duty at his new station (August 21, 1983) to purchase a residence at his new duty station. on April 25, 1986, shortly before the third anniversary of that date, he applied for a Veterans Administration mortgage. However, the mortgage was not approved until September 25, 1986, and settlement took place on October 17, 1986, approximately 2 months after the expira- tion of the 3-year period. The employee is not entitled to reimbursement of his purchase expenses since his residence was not purchased within the 3-year period after his transfer permitted by Federal Travel Regulations paragraph 2-6.1e. The regulation has the force and effect of law and may not be waived or modified. DECISION This decision is in response to a request from the Chief, Branch of Finance, Mine Safety and Health Administration, Department of Labor. It concerns the entitlement of an employee to be reimbursed real estate transaction expenses which were incurred more than 3 years after a permanent change-of-station transfer. The expenses may not be reimbursed for the following reasons. BACKGROUND Mr. Frank Penkevich, an employee of the Mine Safety and Health Administration, was authorized a change of perma- nent duty station from Pikesville, Kentucky, to Lansing, Michigan. He reported for duty at his new duty station on August 21, 1983. Reimbursement of real estate expenses was authorized. In August 1985, the agency granted Mr. Penkevich a 1-year extension of the time for completion of the purchase of his residence. Mr. Penkevich reported that he had sold his residence in Stambaugh, Michigan, shortly before August 1985, ~ I2?2 C,

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