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B-193138 1 (1979-04-03)

handle is hein.gao/gaobadhcd0001 and id is 1 raw text is: DECISION FILE: B-193138 MATTER OF: DIGEST: 0k.LER - o P THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D.C. 20549 CDATE: (DATE:April 3, 1979 Mr. Robert E. Luther@Relocation Expenses Ac Overseas transfer An employee of the Federal Government at a perma- nent duty station overseas incurred expenses in the settlement of his unexpired lease due to the fact he is being transferred to another overseas duty station._ While such expenses are of a type which could be reimbursed under para. C14003 of Vol. 2, JTR,,such expenses may not be reimbursed here since 5 U.S.C. 5724a limits reimbursement to those situations where the old and new permanent duty stations are located within the United States, its territories or possessions, Peurto Rico or the Canal Zone. This action is in response to correspondence dated August 23, 1978 (reference DLA-CFF), wit enclosures, from the Chief, ..- Accounting and Finance Division, Defense Logistics Agency, request- ing an advance decision as to the propriety of making payment on a voucher in favor of Mr. Robert E. Luther, an employee of the agency, representing reimbursement of certain expenses incurred by him on termination of an unexpired lease in connection with a permanent change of station (PCS) in 1975. This correspondence was forwarded to this Office by third indorsement of the Per Diem, Travel and Transportation Allowance Committee dated October 6, 1978, and has been assigned PDTATAC Control No. 78-80. The record shows that the employee was transferred on a PCS from Aviano, Italy, to Wiesbaden, Germany, in 1975. In connection with this transfer, the employee was authorized and reimbursed per diem, travel and transportation and miscellaneous expenses. However, the present claim is for reimbursement for certain expenses incurred by him as a result of the necessity to break his lease due to the PCS move. Apparently, the lease which the employee had for his residence mandated that if the lease was terminated before the expiration of the first year, that the lessee was required to pay for the cost of repainting. The existence of such lease clause, its validity under Italian law and the fact that the employee incurred the expense were confirmed by the Aviano Air Base Housing Referral Office.

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