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B-195205 1 (1979-10-11)

handle is hein.gao/gaobadhqx0001 and id is 1 raw text is: iiiLi~~ THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, D. C. 20548 FILE: B-195205 DATE: October 1 MATTER OF: DIGEST: 4) Leo C. Shelley - relocation expenses - service agreement - creditable service Agriculture employee agreed to remain in Govern- ment service for 12 months after effective date of transfer on June 5, 1977. Employee applied for disability retirement and agency granted him sick leave August 7, 1977, pending outcome of application. After employee exhausted sick and annual leave agency granted him leave without pay. When application and request for recon- sideration were denied by Civil Service-Commission, agency ordered employee to report for duty on June 2, 1978, or be placed in absent without leave (AWOL) status. Employee is not entitled to relocation expenses since he failed to report and AWOL time is not creditable service for purpose of service agreement. Mr. H. Larry Jordan, an authorized certifying officer at the National Finance Center, U.S. Department of Agriculture, has requested our decision whether Mr. Leo C. Shelley, a former employee of the Soil Conservation Service, U.S. Department of Agriculture, may be reimbursed for certain travel and relocation expenses in connection with his of- ficial change of duty station in June 1977. Our decision is that Mr. Shelley may not be reimbursed because he did not fulfill the 12 mont1 Government service agreement mandated by 5 U.S.C. 9 5724(i) (1976).. On May 10, 1977, Mr. Shelley was authorized to change his official station from Coeur d'Alene, Idaho, to Meridian, Idaho. At that time, Mr. Shelley signed a service agreement in which he agreed to remain in Government service for a period of 12 months following the effective date of his transfer, unless he was separated for reasons beyond his control and acceptable to the Soil Conservation Service. The effective date of Mr. Shelley's transfer was June 5, 1977. In a letter dated July 31, 1977, Mr. Shelley announced his intention to apply for disability retirement as soon as possible, and according to the administrative record, he entered a sick leave status on August 7, 1977, pending the outcome of his application for disability retirement.

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