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B-199316 1 (1980-08-29)

handle is hein.gao/gaobadinn0001 and id is 1 raw text is: 





DECISION





FILE:   B-199316


MATTER


DIGEST:


3
K  ~


THE  COMPTROLLER GENERAL Pt
OF   THE UNITED STATES


WASHINGTON, D.C. 20548


DATE: August 29,   1980


OF:  (11efnse Mapping Agenc - Claims for Real Estate
      Expenses oflEmployees Transferred from Panama

Employees who transferred to Panama for period of 2 to
5 years chose not to sell former residence in United
States in expectation of returning to former positions.
Where function was transferred from Panama to Texas,
employees may not be reimbursed for sales of former U.S.
residences made more than 2 years from date of transfer
to Panama.  Transfer to Panama and transfer from Panama
to Texas are separate transfers with separate entitle-
ments to relocation expenses and may not be treated as
one transfer.  Reimbursement is not provided under
Panama Canal Treaty or Panama Canal Act of 1979, Pub.
L.-96-70.


      This decision is in response to a request from George D. Boale,
 Director of Personnel, Defense Mapping Agency (DMA), concerning the
entitlement   f                      to reimbursement of real estate
expensesincident   to their transfer from Panama to Texas. The issue
presented  is whether these employees may be reimbursed for the sale
of  their former residences in the United States made more than 2 years
after  their transfer to Panama.

      The request from DMA states that as a result of the implementation
 of the Panama Canal Treaty, DMA will relocate the Headquarters, Inter
 American Geodetic Survey (IAGS) from Panama to Fort Sam Houston, San
 Antonio, Texas.  The agency requested guidance from the Per Diem, Travel
 and Transportation Allowance. Committee (PDTATAC) on the entitlement of
 IAGS employees, who occupied Government quarters in the Canal Zone and
 maintained permanent residences at their old United States duty stations,
 to sell their former residences upon transfer to Texas. The response
 from PDTATAC was that upon transfer to Panama, the employees had 2 years
 in which to sell their residences at their former duty stations and that
 beyond the 2-year period there is no entitlement to real estate expenses
 in connection with the sale of a residence at the former duty station,
 citing our decision in B-189898, November 3, 1977.

      The Personnel Officer, IAGS, distinguishes this situation from
 the facts presented in our decision B-189898, supra, which involved a
 transfer between 2 duty stations within the continental United States.


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