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B-193602 1 (1979-05-16)

handle is hein.gao/gaobadhfu0001 and id is 1 raw text is: DECISION FILE: 4B- MATTER OF: DIGEST: o THE COMPTROLLER GENERAL * j. OF THE UNITED STATES SWASHINGTON, D.C. 20548 2 DA~.E: May 16, 1979 William R. Walberg-L Relocation eal Estate Expenses- -Time Limitatio Transferred employee reported to new duty station on May 4, 1976. He purchased a residence there with settlement on May 5, 1978. He is not entitled to reimbursement of real estate expenses since applicable regulations limit maximum time for settlement to within 2 years. Error of agency in extending initial year to May 5, 1978, provides no authority to modify statutory regulations. ISSUE DECIDED It is determined here that an error of 1 day made by an agency in granting a 1-year extension of the time limitation for the pur- chase of a residence incident to a permanent change of duty station provides no authority to reimburse real estate expenses where settlement occurs on such day. FACTS Mr. William R. Walberg, an employee of the Department of the Army, was transferred from Fort Lee, Virginia, to Fort Ritchie, Maryland, under travel authorization approved April 2, 1976. The record shows that he traveled on May 3, 1976, and reported.for duty May 4, 1976. The agency granted the employee a 1-year extension of the time limit allowed to complete the purchase of a residence at his new duty station. The agency, in error, stated that all transactions were to be completed by May 5, 1978, whereas they should have made it clear that all transactions were to be completed by May 4 or before May 5. The employee signed a real estate contract on Apri 1T,71978, for the purchase of a residence. Settlement occurred on May 5, 1978. The employee's claim for real estate expenses has been denied administratively and by our Claims Division on the ground settlement occurred after expiration of the. maximum entitlement period. We have been asked to review the disallowance. V 1

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