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B-261878 1 (1996-03-06)

handle is hein.gao/gaocrptadrh0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: William R. Lenderking File: B-261878 Date: March 6, 1996 DIGEST An employee must complete 1 year of service following transfer to qualify for reimbursement of relocation expenses unless, as determined by the agency, circumstances exist that are beyond the control of the employee and acceptable to the agency. 5 U.S.C. § 5724(i) (1994). Our Office will not overturn agency findings in such cases unless we find them to be arbitrary or capricious. Where employee accepted transfer with knowledge that he would be involuntarily retired in 3 months, agency's determination that he is not entitled to relocation expenses is not arbitrary or capricious. DECISION Mr. James Q. Kohler, Jr., Chief, Financial Operations Division, United States Information Agency, requests an advance decision on the entitlement of Mr. William R. Lenderking to relocation allowances in connection with his reassignment to Washington, D.C. We hold that he is not entitled to relocation allowances. BACKGROUND In June 1992, Mr. Lenderking, a Career Minister Counselor for the United States Information Agency (USIA), was transferred from Islamabad, Pakistan, to Miami, Florida, for a 2-year assignment as diplomat in residence and senior research associate at the North-South Center of the University of Miami. By letter dated November 5, 1993, USIA's Personnel Director notified Mr. Lenderking that he was being retired effective August 31, 1994.1 Mr. Lenderking was granted an extension of his retirement date to September 29, 1994, to accommodate his participation in the agency's career transition program. By Travel Authorization T4-2770, dated 1See USIA Manual of Operations and Administration, MOA-VB, paragraph 742.2-Mandatory Retirement for Expiration of Time-in-Class (TIC). 21734

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