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B-187825 1 (1977-02-11)

handle is hein.gao/gaobadecl0001 and id is 1 raw text is: 




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                                                     FEBI      7
           FILE:                             DATE:
                   B-187825
           MATTER   OF:
                          William D. Vop l - Relocation Expensea

           DIGEST:
                     1.  Employee of Department of Justice,
                         transferred from Washin',ton, D.C., to
                         Tucson, Arizona, effective February 10,
                         1975. clairams relocation expenses. le %ay
                         not be paid such expenseE since he was
                         informed prior to travel that reimburne-
                         mot  of relocation expanues van disallowed
                         by officials of Departnent of Justice who
                         determined transfer to be for benefit or
                         conveniance of enployee.

                     2.  It'is within discretionary authority of
                         enploying agency to dettrmirs whether
                         I-traasfer in in interest of Government or
                         for benefit or convenience of employco for
                         reimburseient of relocetio. expenses.

                This action is in responna to a requent from Uilim D. Vogel,
           an employo cf the Department of Justice, for reconsideration of
           Settlement Certificate dated October 14, 1976, issued by our
           Claims Division, that disallowed 14r. Votel's claim for relocation
           expenses iacident to a permanent change of station from Washington,
           D.C., to Tucson, Arczona. Mr. Vogel's clain was disall'ted on
           the basin that it is.within the dincretion of the employing ,
           agency to decormine iIether a transfer is in the interest of the
           Goverment or for the conveniencr of the cmployee and because the
           Department of Justice, :.e.rcisint that discretion, had daterminel
           the transfer to be in the intereat of the employea.

               A Aokdicg to the record before us, Hr. Votol worked in
          -several U.S. Attorneys' Offices, na a S-acial Assistant to the
          U.S. Attorney in conducting grand Sury investigations of alleged
          fraud in connection with t0e Department of lousing and Urban
          Development.  Cne of tiese districts was the Federal Judieial
          District of Arizona. M4r. Vogel inquired of William Smitherman,
          U.S. Attorney for the District, as to the availability of em-
          ployment as so Assistant U.S. Attorney, within Mr. Smitherman's
          office.  fir. Vogel was advised that a vaeancy was available,


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