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B-237667 1 (1990-04-27)

handle is hein.gao/gaobablfp0001 and id is 1 raw text is: QComptroller General of the United States Washington, D.C. 20548 B-237667 April 27, 1990 To the Congress of the United States: Pursuant to 31 U.S.C. § 3702(d) (1988), we submit the following report on the claim of Mr. Norman R. Ricks, which we believe deserves the consideration of the Congress as a meritorious claim. Mr. Ricks, who was previously employed in the private sector and resided in Issaquah, Washington, was appointed to a manpower shortage position with the National Oceanic and Atmospheric Administration in Idaho Falls, Idaho. Mr. Ricks was erroneously advised by agency personnel that he was entitled to real estate expenses in connection with his relocation and his travel orders explicitly authorized such expenses. Mr. Ricks states that he accepted the position, which involved a 23 percent cut in pay from his private sector salary, with the expectation that he would receive full reimbursement for his real estate expenses. After Mr. Ricks and his family moved to his duty station in Idaho Falls, he filed a preliminary claim for reimbursement in the amount of $6,536.84. The Department of Commerce, of which the National Oceanic and Atmospheric Administration is a part, then discovered the error in his travel orders. The Department determined that, since Mr. Ricks was a manpower shortage appointee and not a federal employee transferring from one official duty station to another, he was only entitled to limited travel expenses totaling $400.16. Mr. Ricks filed a reclaim voucher, seeking reimbursement for $6,011.83 in real estate expenses and $149.23 in per diem expenses for members of his family. As a manpower shortage category appointee, Mr. Ricks's entitlement to relocation expenses is governed by 5 U.S.C. S 5723 (1988), which limits reimbursement to travel and transportation expenses of the appointee and his immediate family and the costs of moving household goods. Section 5723 does not allow reimbursement for real estate expenses or for per diem for members of the employee's family. Accordingly, there is no legal basis for granting Mr. Ricks's claim for those expenses. See John H. Teele, 65 Comp. Gen. 679 (1986).

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