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B-210767 1 (1983-06-09)

handle is hein.gao/gaobadldj0001 and id is 1 raw text is: 


                           THE COMPTROLLER GENERAL
  DECISION                 OF THE UNITED STATES
                     ~%2 4'WAS-HINGTON. 0..C. 20548




   FILE:  B-210767               DATE: June 9, 1983

   MATTER OF:   Dr. Albert B. Deisseroth - Reimbursement of
                Real Estate Expenses - Public Health
                Service Officer
  DIGEST:


           A Commissioned Officer in the Public
           Health Service (PHS) was separated from
           the officer corps and recruited to fill
           a manpower shortage position in the
           Veterans' Administration. Employee
           seeks reimbursement of real estate
           expenses occasioned by sale of his old
           residence in Maryland and purchase of
           new residence in California. Reim-
           bursement is denied because as a com-
           missioned officer in the PHS, employee
           was a member of a uniformed service
           whose pay and allowances are prescribed
           by Title 37 of U.S. Code, which does
           not provide for such reimbursement.
           Consequently, claimant was not embraced
           by reimbursement provisions of
           SS 5721-5733 of Title 5, applicable to
           civilian employees of Government only.
           Thus, purported transfer was a separa-
           tion from uniformed service followed by
           subsequent new appointment, and there
           is no authority-for reimbursement of
           real estate expenses for new
           appointees.

     Thistresponds to a request for decision submitted by
the Assistant Deputy Administrator for Budget and Finance,
Office of Budget and Finance, Veterans' Administration (VA),
concerning a claim for reimbursement of real estate expenses
for Dr. Albert B. Deisseroth under the provisions of
5 U.S.C. § 5724a(a)(4).

     The issue presented is whether a Commissioned Officer
of the Public Health Service (PHS) is entitled to reimburse-
ment of- real estate expenses after separation from service
and subsequent to reemployment with the VA. For the reasons
stated below, we find no statutory authority which would
allow for such reimbursement.

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