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B-189122 1 (1977-11-07)

handle is hein.gao/gaobadffp0001 and id is 1 raw text is: I i n-14 * S - -b t~h DECIlION FILE: B-189122 THW C4IVMPTfOLLE e alENIRAL oP THE UnAIEID STATUE WVASHINsGTof.0, 0.c . 120540 EtATE: November 7, 1977 tf CD 0 -:*' O0 DIGEST: At the time he was notified of transfer, employee was prohibited by court order frorm residing in his house at old official stat.kon pending his divorce. He was ordered to make all mortgage payments during this period and was eventually awarded the house by the court. Since employee would have resided in house but for court order,,he has substantially complied with the occupancy requirement of para. 2-6.1d of the FTR (FPMR 101-7, May 1973). Therefore, reimbueaement of real estate expenses was proper and collection actiun need not be initiated. B--177343, March 7, 173,.distinguished. This action i.s in response to a letter of May 13, 1977, from R. 0. Bordley, Chief, Accounting and Finance Division, Defense Logistics Agency, requesting a decision concerning the entitlement of Mr. Jesse A. Greer to reimbursement of real estate expenses incurred in connection with the sale of his residence at his old official station incident to a permanent change of station. The record showu .that Mr. Greer was assigned to Defense Con- tract Administratibn Services Region, Atlanta, Georgia, with a duty station in Naw Orleans, Louisiana. In February 1976, he was notified that he was being transferred to Cameron Station, Alexandria, Virginia. At the tim; of the notification, Mr. Greer owned a home in New 0;leans, but he was ptohibited from living in that home by a court order pending his divorce. He was residing, therefore, in an apar;ment in New Orleans when notified of his transfer. Subsequent to the transfer, Mr. Greer was awarded the house by the court. He sold the residence and made a claim for $2,950 for real Dastate expenses he had incurred. On his DD Form 1705, Application for Reimbursement of Expenses Incurred by DOD Civilian Employee Upon Sale or Purchase (or both) of Residence Upon Change of Duty Station, Mr. Greer asterisked his certifi- cation of residence with uhe following note: Inasmuch as I was separated from my wife pending divorce I was not residing in the family resAdence at time of transfer. This statement went I MATTEP OF: Jesse A. Greer - Real Estate Expenser I V I iI

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