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B-235336 1 (1989-10-26)

handle is hein.gao/gaobadnqa0001 and id is 1 raw text is: 


*,A        The Comptroller Generi
           of the United States
           Washington, D.C. 20548

           Decision


                       Gerald L. Rooney
           Matter of:
                       B-235336
           File:

           Date:       October 26, 1989

             DECISION

             The issue in this decision is whether an employee who
             transfers back to his former duty station within 2 years of
             his initial transfer may be reimbursed for the sale of a
             residence at the former duty station.l/ The employee,
             Mr. Gerald L. Rooney, was transferred in the interest of the
             government from Woodlawn, Maryland, to Bradenton, Florida,
             in June 1987. While in Florida, Mr. Rooney rented his
             residence in Maryland. In February 1989, Mr. Rooney
             transferred back to Maryland at his own expense, and he now
             wishes to sell his residence in Maryland.

             Mr. Rooney believes he is entitled to reimbursement in
             light of his completion of 12 months of service in Florida
             as stipulated in his service agreement. The Finance Officer
             questions whether Mr. Rooney relinquished his right to
             reimbursement of expenses in connection with the sale of his
             residence in Maryland when he transferred back to that
             location.

             Our decisions have held that an employee who is transferred
             back to a former duty station is under an obligation to
             avoid unnecessary expenses and, therefore, once an employee
             is notified that he is being transferred back to his former
             duty station, the government's obligation to reimburse real
             estate expenses is limited to the expenses already incurred
             and those which cannot be avoided. Warren L. Shipp,
             59 Comp. Gen. 502 (1980). Our holding in Shipp is limited
             to those employees who are notified of retransfer to their
             former duty stations within the maximum period allowed for
             completing residence transactions. See Robert T. Celso,
             64 Comp. Gen. 476 (1985).



             1/ This decision was requested by Walter W. Pleines,
             Director, Division of Finance, Social Security
             Administration, Department of Health and Human Services.

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