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B-197771 1 (1981-08-11)

handle is hein.gao/gaobadjpx0001 and id is 1 raw text is: OECISION K FILE: B-197771 MATTER DIGEST: THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. 0. C. 20548 DATE: August 11, 1981 OF: Gregory A. Akers - Relocation Expenses Break in Service Attorney employed by HUD, in Washington, D.C., was offered a position as law clerk to a Judge of the U.S. Bankruptcy Court in San Diego, California. He resigned from position with HUD on October 5, 1979, and reported for duty at San Diego on October 29, 1979. Since it was known to all parties, prior to resignation, that employee was resigning to accept another Federal position and it was the clear intent of Administrative Office of U.S. Courts to pay relocation expenses, employee's separation date from HUD may be retroactively adjusted to avoid break in service and to permit payment of relocation expenses. This decision is in response to a request from Mr. Carl H. Imlay, General Counsel, Administrative Office of the United States Courts, as to whether Mr. Gregory A. Akers is entitled to reimbursement of relocation expenses. Mr. Akers is a former employee of the Department of Housing and Urban Development (HUD), Washington, D.C., who resigned to accept a posi- tion as a law clerk with the United States Bankruptcy Court in San Diego, California. He resigned from his position with HUD 23 days prior to reporting for duty with the Bankruptcy Court. The issue presented by Mr. Imlay is whether there was a break in service so as to preclude payment of relocation expenses to Mr. Akers. For the reasons set forth hereinafter, we hold that Mr. Akers is entitled to reimbursement of relocation expenses. The facts and circumstances involved, briefly stated, are as follows: Mr. Akers had been employed since October 1978, as an attorney in HUD's Office of the General Counsel in Washington, D.C. By letter dated September 17, 1979, the Honorable James W. Meyers, El i77

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