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B-242558.2 1 (1991-12-18)

handle is hein.gao/gaobadnzj0001 and id is 1 raw text is: AComptroler General of the United States Wadhlngto, D.C. 20548 Decision Matter of: Donald E. Clay File: B-242558.2 Date: December 18, 1991 DECISION The Bureau of Reclamation (Bureau), United States Department of the Interior (DOI), has forwarded the request of Mr. Donald E. Clay, an employee of the agency, for reconsideration of our decision, Donald E. Clay,/B-242558, June 19, 199' We held that Mr. Clay, who transferred from Grand Junction, Colorado, to Brasilia, Brazil, and was transferred back to Grand Junction upon completion of his overseas assignment, is not entitled to reimbursement of expenses incurred in the sale of his former Grand Junction residence since both the old and new official stations are not located within the United States or other 3-cified areas. The main thrust of Mr. Clay's request for reconsideration is that, as part of the reorganization of the Bureau of Reclamation, the Planning Division in which he was employed, was abolished. Mr. Clay states that after his position was abolished, he was involuntarily directed by the Bureau to transfer to Brazil. Mr. Clay contends that the statute and the implementing regulations,f/5 U.S.C. § 5724a(a) (4) (A), (1988) and,'4l C.F.R. § 302-6.1(a)V(1989), which preclude reimbursement of real estate expenses unless both the old and new duty stations are located within the United States or other named locations, apply to voluntary, not involuntary actions on the part of the employee. He feels that since he was required to transfer to Brazil and return to Grand Junction, the statute and regulations are not applicable to his claim and, therefore, he should be reimbursed for the expenses he incurred in the sale of his Grand Junction residence. We stated in /47 Comp. Gen. 93,/9.5 (1967), that the previously cited statute and regUlations literally require that both the old and the new duty stations be located within the United States or the other named areas before the right to reimbursement of real estate expenses arises. No exception is made to allow reimbursement when the transfer to an overseas post or the transfer back to the United o I-

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