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B-169490 1 (1975-10-09)

handle is hein.gao/gaobadcuz0001 and id is 1 raw text is: THE COMPTROLL AGENERAL OF THE UNITED STATES WASHINGTON, D.C . 20548 FILE: DATE: OCT 9 1975 7 B- 169490 MATTER OF: Jack E. Wells - Reimbursement of real estate expenses incident to transfer to and from Okinawa DIGEST: Employee who was transferred from the U.S. to Okinawa, and subsequently trans- ferred back to the U.S. may not be reim- bursed real estate expenses incurred incident to the sale and purchase of a residence incident to the transfers as the statute and implementing regulations require that both the old and new duty stations are located in the U.S. Okinawa was not territory or possession of the U.S. before its reversion to Japan B-182999, June 3, 1975. This matter concerns a request for reconsideration of settle- ment certificate Z-2585617, June 27, 1975, issued by our Trans- portation and Claims Division. The certificate disallowed Mr. Jack E. Wells' claim, asacivilian employee of the Department of the Army, for reimbursement of real estate expenses incurred in connection with transfer from Okinawa to Anniston Army Depot, Alabama. Mr. Wells states that in July 1971 he was transferred from Sharpe Army Depot, Lathrop, California, to Okinawa, with return rights to Sharpe. In October 1974 he was transferred from Okinawa to Anniston Army Depot, Alabama. Mr. Wells contends that the return from Okinawa to Anniston is tantamount to a transfer from Sharpe Army Depot to Anniston Army Depot or a return from Okinawa to Sharpe and subsequent transfer 'to Anniston. He concludes that since both Sharpe and Anniston are within the continental United States he is by statute entitled to reimbursement of the real estate expenses incurred in connection with the sale of his residence in Okinawa and the purchase of a residence in Alabama. First, we agree with our Transportation and Claims Division that the actual transfer here was from Okinawa to Anniston and not from Sharpe to Anniston. This cannot be construed as equiv- alent-to a transfer that was not effected. Cf. B-182002, May 29, 1975. Thus, the transfer to be considered here is one from Okinawa to Anniston Army Depot. LA 7 8 z'G` - oc 7 /P 41

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