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B-197104 1 (1980-02-06)

handle is hein.gao/gaobadhys0001 and id is 1 raw text is: DECISIO FILE: B-19 MATTER OF: DIGEST: 71 /0), Ai -/ ~01LER 0> THE COMPTROLLER GENERAL : . OF THE UNITED STATES WASHINGTON, C. 20548 04 DATE: February 6, 1980 Richard J. King Department of Air Force civilian employee assigned to overseas duty station resigned his position and returned to United States before expiration of his 3-year service agreement. The agency did not pay the cost of return under a deter- mination that the reasons for his return were not acceptable. 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 (1976), is for determination by the agency involved and a determination will not be questioned unless the facts establish that the determina- tion was arbitrary and capricious. 56 Comp. Gen. 606 (1977). The issue presented onappeal 4m a settlement of our Claims Division is whether an employee may be r-m- bursed the expenses of return transportation from an overseas assignment when the employee resigns his posi- tion and returns to the United States before expiration of a 3-year service agreement. Unless the failure to fulfill the agreement was for reasons beyond the control of the employee which reasons are acceptable to the agency, there is no authority for reimbursement by the Government for return travel and transportation. Richard J. King, ½ civilian employee of the Depart- ment of the Air Force, was assigned to a duty station in The Netp rlands by travel orders dated August 15, 1975. Mr. Kintf signed a transportation agreement dated August 5, 1975, wherein he agreed to remain in the overseas assign- ment for 36 months for the purpose of establishing his eligibility for return travel and transportation at Government expense. Shortly after his arrival in-Phe- ~e~~ut=A

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