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B-227587 1 (1987-09-03)

handle is hein.gao/gaobadmva0001 and id is 1 raw text is: 


The Comptroller General
of the United States
Wahington, D.C. 20548

Decision


          Gregory McGruder - Real Estate Expenses -
Matterof- Time Limitation

File:     B-227587

Date.      September 3. 1987
DIGEST

An employee, who transferred to a new duty station effective
November 16, 1982, may not be reimbursed for the sale of
former residence since settlement did not occur until
May 16, 1986, more than 3 years after the date he reported
to his new duty station. The 3-year time limitation imposed
by paragraph 2-6.le of the Federal Travel Regulations has
the force and effect of law and may not be waived in any
individual case. Furthermore, the failure of the employing
agency to exercise its discretion to provide private
relocation services, including arrangement for the purchase
of the employee's former residence, does not provide a basis
to allow this claim.


DECISION

BACKGROUND

This decision is in response to an appeal submitted by
Mr. Gregory McGruder, an Air Force employee, of a settlement
issued by our Claims Group on March 9, 1987 (Z-2864716).
Our Claims Group denied his claim for reimbursement of real
estate expenses incurred in connection with the sale of his
residence more than 3 years after his transfer to a new
official duty station.

In November 1982, Mr. McGruder was transferred from Fort
Bliss in El Paso, Texas, to Panama, reporting to his new
official duty station on November 16, 1982. He was unable
to immediately sell his house at his old duty station.
Prospective buyers did enter into a contract to purchase the
house in April 1986, but the sale was not finalized until
May 15, 1986. Due to the difficulty he had selling his home
in El Paso, he requested and was granted on October 25,
1985, a 1-year extension of the time limit for which real
estate expenses may be reimbursed. Since the initial 2-year
limitation would have expired November 16, 1984, the
approved extension allowed him until November 16, 1985, to

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