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B-192659 1 (1979-02-14)

handle is hein.gao/gaobadjat0001 and id is 1 raw text is: DECISION FILE: B-192659 THE COMPTROLLER GENERAL OF THE UNITED STATES WASH I NGTO N , D . C. 20548 DATE: February 14, 1979 MATTER OF: John S. TrTdwell DIGEST: 1. An employee of the Federal Government was employed by one agency in a foreign country and was transferred to another agency in United States. He owned a residence at a former duty station in the United States which he sold at the time of that transfer. He also purchased a home at his new duty station. Reimbursement of the selling and purchase expenses is not authorized, since 5 U.S. C. 5724a and Federal Travel Regulations limit entitlement to situations where old and new official stations are within United States, its territories and possessions. 2. An employee of the Federal Government received assurances that he would be reim- bursed for the expenses of selling a residence and purchasing another on transfer from an assignment in a foreign country to an assign- ment in the United States, which assurances are contrary to 5 U.S.C. 5724a and the Federal Travel Regulations, may not be so reimbursed even though he acted in reliance thereon, for in the absence of specific statu- tory authority to the contrary, the United States is not responsible for erroneous acts of its officers, agents or employees. This action is in response to a letter dated August 15, 1978, with enclosures, from B. B. Hensley, Authorized Certifying Officer, Department of Energy, reqesting an advance decision concerning the entitlement of Mr. John S. Treadwell, an employee of that agency, to be reimbursed for real estate expenses in the amount of $2, 943. 29, incident to a permanent change of station. The file in Mr. Treadwell's case shows that in 1974, while he was a civilian employee with the United States Corps of Engineers in Albuquerque, New Mexico, he received an overseas assignment to Nuernberg, Germany, with reemployment rights in Albuquerque. As a result, he did not sell his residence at that location since he expected to use i.i on his return to the United States. .4)_

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