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B-195976 1 (1980-02-08)

handle is hein.gao/gaobadhzg0001 and id is 1 raw text is: 


                          THECOMPTROLLEP GENERAL
  DECISION      .\OF THE UNITED STATES
                       S  WASHINGTON, D.C. 20546




  FILE:    B-195976             DATE:  February 8, 1980

  MVATTLE OF:     Donald C. Cardelli-
                  Relocation expenses]

  DIGEST:    1.  An FBI employee stationed in Phil-
                 adelphia was appointed as a special
                 agent and detailed to Washington,
                 D.C., for 16 weeks' training at FBI
                 Academy, Quantico, Virginia, and
                 upon completion of training assigned
                 to permanent duty in Baltimore.
                 Employee may be reimbursed for sale
                 of residence .in Philadelphia upon
                 transfer to Baltimore since em-
                 ployees are entitled to relocation
                 expenses incident to a permanent
                 change of station interrupted by
                 a temporary period of training.
                 Washington, D.C. was a duty sta-
                 tion for administrative purposes
                 only during the training period.

             2.  Matter of Hughie L. Ratliff,
                 B-192614, March 7, 1979, held that
                 FBI special agent having residence
                 at old permanent duty station
                 before 16 weeks' training at
                 Quantico, Virginia, was entitled
                 to reimbursement for sale of resi-
                 dence incident to permanent change
                 of station. Ratliff applies retro-
                 actively since it followed well-
                 established precedent. Therefore,
                 FBI employee who was appointed as
                 special agent and who sold house
                 before Ratliff was decided, is
                 entitled to sales expenses inci-
                 dent to transfer.

     The principal issue presented in this case is whether
the decision in Matter of Fuahie L. Patliff, B-102614,
March 7, 1979, should be applied retroactively or prospec-
tively only.

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