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B-195974 1 (1980-02-08)

handle is hein.gao/gaobadhzh0001 and id is 1 raw text is: 


                       co  tZp   THE   COMPTROLLER GElE:RAL
     DECISION                    OF   THE UNITED STATES
                                 WASHINGTON, D.C. 20546




    FILE:  B-195974                     DATE:   February 8, 1980

    MATTER OF: Alfred J. Finch -elocation Expenses]


    DIGEST: ITnder   today's decision in Matter of Donald C. Cardelli,
               B-195976, FBI special agent is entitled to real estate
               expenses for sale of residence occupied at old perma-
               nent duty station before 16 weeks' of FBI special
               agent training and sold incident to permanent change
               of station after training. Even thouqh sale was before.
               our decision in Matter of Hughie L. Ratliff, B-192614,
               March 7, 1979, that decision is retroactive under
               Cardelli.

     Mr. D. E. Cox, Authorized Certifying Officer, Federal Bureau
of Investigation (FBI), asks whether Special Agent Alfred J. Finch
is entitled to real estate expenses for the sale of his residence
incident to his change of permanent duty station.

     Mr. Finch's residence was in Silver Spring, Maryland, when
he worked for the District of Columbia Government, and he con-
tinued to own that residence after he transferred to the FBI.
Under 5 U.S.C. 9 5724a a District of Columbia Government employee
is entitled to relocation expenses on transfer to-a Federal agency
on the same basis as employees transferring between Federal agencies.
Although initially assigned for administrative purposes to Washington,
D.C., Mr. Finch immediately reported for 16 weeks of special agent
training at the FBI Academy, Quantico, Virginia. After completing
training his first permanent duty station with the FBI was Detroit,
Michigan, effective November-17, 1978. Because of his transfer to
Detroit, he sold his Silver Spring residence on December 15, 1978,
approximately 12 weeks before we issued our decision in Matter of
Hughie L. Ratliff, B-192614, March 7, 1979.

     Our decision today in Matter of Donald C. Cardelli, B-195976,
holds that Ratliff applies retroactively, subject to the 6-year
limitation on the filing of claims by 31 T.S.C. 9 71a. Thus, an
employee who is appointed as an FBI special agent is entitled to
real estate expenses for the sale of his residence occupied before
his training at Quantico and sold incident to his transfer after
training.  The essential facts in this case are the same as in
Cardelli.

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