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B-227234.2 1 (1992-03-25)

handle is hein.gao/gaobadoal0001 and id is 1 raw text is: ComProler General of the United Stte4 Waii, oD,0 ,_20548 Decision Hatter of: Gerry R. Conger File: B-227234%2 Date: March 25, 1992 DIGEST An Air Force member who'retirec and is locally hired overseas as a civilian employee may receive a living quarters allowance an a return transportation agreement if the employment takes place before his entitlement to government transportation back to the United States based on his military retirement is used or expires. For this purpose, the Department of Defense policy views a retired military member's use of any portion of his entitlement to transportation for hiMself and dependents as disqualifying, Under applicable regulations, this is not an impermissible policy. Thus, where an individual returned his daughter to the United States incident to his military retirement but before his civilian employment, he was not eligible for the civilian quarters allowance or transportation agreement. DECISION Mr. Gerry R. Conger, a civilian employee of the Air Force, has appealed our Claims Group's settlement1 which denied his claim for a living quarters allowance and a transportation agreement with the Air Force incident to his employment at Torrejon Air Base, Spain.2 For the reasons discussed below, we sustain the Claims Group's denial. Background Mr. Conger retired from active service in the Air Force in Spain effective December 1, 1985. Incident to his military retiremeht, he was entitled to travel and transportation at government expense for his return and that of his dependents to the United States within one year from retirement. His dependent daughter returned to the United States at government expense on December 22, 1985. However, Mr. Conger remained in Spain and was hired locally as a civilian employee by the Air Force at Torrejon Air Base on 1Z-2865348, March 21, 1991. 2Mr., Conger is represented by counsel, George E. Day, Esq.

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