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B-196809 1 (1980-05-09)

handle is hein.gao/gaobadigb0001 and id is 1 raw text is: *1 THE COMPTROLLER GENERAL DECISON OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: B-196809 DATE:May 9, 1980 MATTER OF: Charles E. 4rookshire - Foreign transfer allowance DIGEST: Civilian employee of the Department of the Army transferred overseas in August 1977, is denied temporary quar- ters subsistence expense allowance authorized by 5 U.S.C. 5724a(a)(3) and the predeparture subsistence expense portion of the foreign trans- fer allowance (FTA) authorized by Public Law 94-141, November 29, 1975. Statute prohibits payment of temporary quarters subsistence expense allowance to employees transferred overseas. Granting of the FTA is discretionary with the agency concerned and since Army implementing regulation did not authorize payment of the FTA to its employees until May 1978, Army employees transferred overseas prior to May 1978 may not be paid -the FTA. The issues presented in this case upon an appeal from a settlement of our Claims Division are whether a civilian employee of the Department of the Army transferred over- seas is entitled to a temporary quarters subsistence expense allowance under 5 U.S.C. 5724a (1976) or a foreign transfer allowance (FTA) where the regulations implementing the FTA for Department of Defense (DOD) civilian employees were adopted by the Department of the Army in May 1978 and the transfer occurred in August 1977. Temporary quarters sub- sistence expense allowance is limited by statute to employees transferred within the United States, its terri- tories or possessions, the Commonwealth of Puerto Rico or *the Canal Zone. Since the allowance of FTA is discretionary with the agency concerned, employees of the agency are not eligible to receive such allowance until authorized by the agency. Mr. Charles E. Brookshire, a civilian employee of the Department of the Army, was transferred to an overseas duty station by travel orders issued June 10, 1977, with

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