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B-238271.2 1 (1992-01-31)

handle is hein.gao/gaobadnzw0001 and id is 1 raw text is: 


Comptroller General
of the United States
Wauhinston, D,C, 20648

Decision


Matter of:      John P. Maille - Failure to Complete Year of
                Service - Relocation Expenses and Improper
                Leave Status

File:           B-238271,2

Date:           January 31, 1992


DIGEST

1, An employee left the federal service to accept a
position with a local government after completing only
10-1/2 months of service under an agreement to remain in
government service for one year incident to receiving
relocation benefits or to repay such benefits as required by
5 U.S.C § 5724(i) (1988). The debt for his relocation
benefits is not subject to waiver under 5 U.S.C. § 5584
(1988) because the payment of the benefits was not erroneous
when made, but became a debt when he failed to complete the
service.

2. An employee in effect abandoned his federal position on
the date he began a job with a local government, prior to
completing a required year of service incident to a
relocation he received from his federal employer. To give
the appearance of completing the required year of service,
the employee submitted documents purporting to show him on
annual leave, sick leave and leave without pay through the
end of the required time in service. Pay for sick leave and
a holiday he received after abandoning federal employment
were erroneous payments subject to collection. Waiver of
these payments is denied because the employee has not met
the standards for waiver under 5 U.S.C. § 5584 (1988).


DECISION

Mr. John P. Maille, a former employee of the Defense
Logistics Agency (DLA), appeals our Claims Group's
settlement' denying his claims for relief from his
indebtedness to the United States arising from his failure
to complete the required 1 year of service incident to his
transfer to a new duty station. His indebtedness consists
of the relocation allowances he received and erroneously
authorized pay for sick leave and a holiday for periods


iZ-2902421, August 29, 1991.

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