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B-247125 1 (1992-06-12)

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John K. Bowman


B-247125


June 12, 1992


IDIGEST
<s'Transferred employee was divorced from his wife
approximately 2-1/2 years prior to his transfer, The
y.judgment of divorce ordered the sale of the marital
1'residence, the wife to remain in possession pending the
isale, and the employee to make the mortgage payments and pay
.0property taxes. The employee moved into an apartment and
  4ived there for more than 3 years when notified of his
  Itransfer, He is not entitled to reimbursement of real
JIstate expenses incurred in the sale of the property since
ihe was not residing there at the time he was first notified
k-of his transfer in accordance with the FTR, 41 C.F.R.
,! '3O2-6.1(d) (1991).  Although the residence was not sold
5sxuntil approximately I month after his transfer, the sale of
    ehe property under the final divorce decree was incident to
.the employee's divorce, not his transfer.

rDECIS ION

This decision is in response to a request concerning the
entitlement of Mr. John K. Bowman, an employee of the Forest
Service, United States Department of Agriculture, to
reimbursement of real estate expenses incurred incident to
his change of official stations from Park Falls, Wisconsin,
to Petersburg, Alaska, in May 1989.1 For the reasons
stated in this decision, Mr. Bowman is not entitled to
reimbursement of the claimed real estate sale expenses and
may not be refunded the $2,626.88 previously paid to him and
collected back by the Forest Service.


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'The request was submitted by Mr. Darold D. Foxworthy,
Authorized Certifying Officer, Forest Service, reference
6540, pursuant to the terms of a no-fault pre-discrimination
Complaint settlement agrement wherein the employee and the
agency agreed to the submission of the claim to the
Comptroller General for a decision.


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