About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-191081 1 (1978-07-26)

handle is hein.gao/gaobadgew0001 and id is 1 raw text is: 







                              THE  CEIMPTRCLLER GENERAL
 3ECIBION                       F2, . ur THE UNITED   STATES
                     t  r2 CWASHINflTON.          O. C.  2'054m




 FILE:   3-191081                   DATE: July 26,   1978

 MATTER OF:      Richard E. Pozek - Transportation expenses,
                 failure to fulfill contract

 DIGEST:    1.  The basis for assumption by the Government
                of transportation expenses of an employee
                returning from an overseas assignment before
                completion of an agreed period of service
                is where the employee is separated for reasons
                beyond his control which are acceptable to the
                agency concerned. 5 U.S.C. 5722 (1976).

            2.  The acceptability of the reasons for an
                employee's resignation prior to completion
                of his agreed period of service pursuant to
                5 U.S.C. 5722, is for determination by the
                agency involved. Such determination is
                reviewable by our Office only if the facts
                establish that the determination was
                arbitrary and capricious. 56 Comp. Cen.
                606 (1977).

            3.  Backpay is not atuthorized where the employee's
                separation is voluntary and not beyond his
                control. B-187184, April 3, 1978.

            4.  There is no requirement that an employee's
               name be placed on a DOD priority placement
               list maintained as a part of the Program
               for Stability of Civilian Employment where
               the employee's separation was voluntary
               and not the result of base closures,
               consolidations, transfer of functions, or
               reductions that result from technological
               and organizatiunal changes.

     W,- have been asked to review the claim of Mr. Richard E. Pozek
for reimbusbement for transportation expenses upon return from an
overseas assignment as an employee of the Department of the Army,
to have his name entered on the Priority Placement Program of the
Department of Defense (DOD) and backpay for lost wages.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most