About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-203502 1 (1981-12-01)

handle is hein.gao/gaobabjig0001 and id is 1 raw text is: _ - .-.,-                                              5 -

                      COMPTROLLF.R GENERAL OF TIlE UNITC!O STATES
                               WASHIINGTON P C. im's



      B-203502                       December 1, 1981



      Member, House of RepresentativesDo not wak av o d a lb to p.l)ltf roadli MIM
      1651 Old Meadow Road
      Suite 115
      McLean, Virginia 22102

      Dear Mr. Wolf:
           This lettar is in'response to your request of October 6,
      1981, concerning your 'constituent; Mr. Kenneth Becker, a
      civilian engineer employed by the Department of the Navy.
      Mr. Becker's request for additional allowances in connection
      with his relocation to Arlington, V-.rgirtia, was the subject
      of the enclosed decision, B-203502, which was issued Octo.-
      ber 8, 1981, the day before your request was received by
      this Office.
           On December 19, 1979, Mr. Becker wa; appointed by the
     Department of the Navy to a manpower shortage category
     position which required him to relocate from Richton Park,
     Illinois, to Arlington, Virginia, to begin his assignment.
     Due to hardship he is experiencing in the relocation, he
     has requested allowances which are authorized only for
     employeen who are transferred from one Government position
     to another.
          The enclosed decision explains that appointees to man-
     power shortage category positions may be allowed only those
     relocation expenses authorized by the provisions of 5 U.s.c.
     S 5723(a) (1976). Unlike employees transferred between
     positions within the Government whose entitlements are
     governed by the broader authority of 5 U.S.C. S 5724a,
     appointees to shortage category positions are not entitled
     to reimbursement of residence sale and purchase expenses,
     subtistence while occupying temporary quarters, and the
     misce.faneous-ex pen se- alowance .

          As a general matter, the Government cannot qo beyond
     the actuul authority conferred by statutes and regulations.
     Matter of Kenneth P. Lindsley, Jr., B-194341, May 22, 1979.
     Regardless of the hardship-which-FMr. Becker has undoubtedly
     faced, there is no authority which would permit the Govern-
     ment to reimburse him the relocation expenses payable to

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most