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B-196292 1 (1983-06-06)

handle is hein.gao/gaobadlcz0001 and id is 1 raw text is: ' . THE COMPTROLLER GENERAL DECISION ,. . OF THE UNITED STATES WAHINGTON. 0. C. 20549 FILE: B-196292 DATE:June 6, 1983 MATTER OF: Greg T. Montgomery DIGEST: Where the record does not establish that prior to an employee's reporting to his duty station there was a clear intent by the agency that relocation expenses were to be paid and that the change of duty station was to be accomplished without a break in service, there is no basis to authorize a retroactive adjustment of the employee's separation date to avoid a break in service to permit the payment of travel and relocation expenses. Accord- ingly, we uphold decision B-196292, dated July 22, 1980, which disallowed payment to the employee of travel and relocation expenses because of a break in service prior to his reporting to the new duty station. This decision is in response to a request for an advance decision from Mr. John R. Nienaber, an authorized certifying officer of the Department of Agriculture, as to whether an employee of the United States Forest Service is entitled to reimbursement of travel and relocation expenses in connection with his relocation to a new official duty station subsequent to his resignation from his position at his former official duty station. In decision Matter of Montgomery, B-196292, July 22, 1980, this Office held that Mr. Montgomery was not entitled to reimbursement for travel and relocation expenses due to a break in Government service prior to his reporting to his new duty station. We are now asked whether Mr. Montgomery's claim may now be allowed in view of our decision in Matter of Akers, B-197771, August 11, 1981, where we allowed the agency in which the individual had been employed to retroactively adjust the employee's separation date to avoid a break in service so that he could be allowed reimbursement of travel and relocation expenses in connection with a transfer to another agency. For the reasons set forth below the instant case is distinguishable from that in Akers and accordingly, we uphold the decision of July 22, 1980, which disalowd Mr. .ontj1omerv' cv iI

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