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B-196466(RCP) 1 (1982-02-18)

handle is hein.gao/gaobadtuy0001 and id is 1 raw text is: rgE07 CEN UNITED STATES GENERAL ACCOUNTING OFF1CE. WASHINGTON, D.C. 2o548 5 ~RELEASED. LERAL CO3UNSML1 In reply refer to: B-196466 (RCP) February.18 1982 Luquillo, P.R. 00673 Dear Your letters of June 1, and October 2, 1981, requested assistance with the issue of entitlement to biennial travel and home leave, and more specifically the-determination of your place of actual residence for travel at Government expense for home leave purpose under the provisions of section 5728(a) of title 5, United States. Code. The concerns which you have presented in your letters are substantially the same as those issues 'addressed in our decision of today reconsidering the-matter of B-197205, May 16, 1980. Copies of both of these decisions are enclosed to assist you in further evaluating your own situation. As the decisions make clear, the General Ac- counting Office has consistently construed the entitlement provisions of 5 U.Sc.C § 5728(a) and implementing regula- tions set out at paragraph 2-1.5g(3) of the Federal Travel Regulations as placing the responsibility for determining the actual residence of an employee on the employing admin- istrative agency. Since such a determination must, of necessity, be based on the individual facts and circum- stances of each case, this Office orditarily will not question or o.therwise interpose our judgment in regard to any reasonable determination, made by the agenc- of the employee's actual residence. In view of our observations set out above and with- out commenting on the merits of your concerns or specifi- cally recommending a course of action on your claim, we believe it would be necessary - prior to any final adjudica- tion by this Office - for you to request reconsideration

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