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B-190981 1 (1978-04-06)

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IN COMPTROLLIER GENERAL
P TH13   UNITRD STATUU
ASHINOTON. 0.C. 20540


8-190981


DATE:  April 6, 1978


MATTER   I


DIGEST:


Judson W. Hand -- Claim  for Real
rstate Expenses


Employee, who was  transferred from Washington,
D.C., to Albany, Georgia,  claims expenses
incurred in sale of  family residenco located
in Alabama. Employee may  not be reimbursed
since under Federal Travel  Requlations resi-
dence must be  the one from which employee
commutes regularly  to and from work. Further-
more, Government is  not bound by unauthorized
or incorrect statements  of its agents or
employees.


     This action is in respunse  to a request for an
decision from 0. J. Toland,  a Disbursing Officer at
Marine Corps Logistics Support  Base, Atlantic, U.S.
Corps, reference A430:OJT:srt  4650, concerning thec
of Mr. Judson W. Hand, Sr.,  an employee of the U.S.
Corps, for reimbursement of  real estate expenses in
pursuant to a change of official  duty station. The r
for an advance decision including  the voucher claim
reimbursement was forwarded  to this Office by the Pe
Travel and Transportation Allowance  Committee and w
PDTATAC Control No. 77-38.


advance
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assigned


     Mr. Hand states  in a letter datad November 7, 1977,
that he accepted  a position with the' Naval Personnel
Program Support Activity.in Washington,  D.C., and that
since he was advised  this activity would be moving to
New Orleans, Louisiana, he decided  not to move his family
from their residence  in Wetumpka, Alabama, to Washington.
When  he learned that  the Naval activity would not be moving
to New Orleans, Mr.  Hand states he obtained a position
with the Marine Corps Logistics  Support Base. Atlantic,
in Albany, Georgia, and  was transferred effective
April 29, 1976. Mr. Hand  states further that he was
advised by the Matine Corps  Civilian Personnel Office in
Albany, Georgia, that he would  be entitled to teimbursement
for real estate expenses  incutred in thr sale of his resi-
dence in Wetumpka, Alabama,  where his Family resided.
However, the agency questions  whether Mr. Hand may be
reimbursed for the sale of  a dwelling Which was not his
actual residence at the  time of his transfer.


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