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B-214701 1 (1984-06-04)

handle is hein.gao/gaobadlsv0001 and id is 1 raw text is: 

                           THE COMPTROLLER GENENAL
   DECIUION.               6-P THE UNITEo       ETATES
                           WA8HINGTON. O.0. 20546



  FILE:   B-214701               DATE: June 4, 1984

  MATTER OF:     Robert D. Charlesworth


  DIGEST:

        An employee who has not sold his residence
        at his old duty station is not entitled to
        reimbursement for real estate expenses
        which may be incurred in the sale of that
        residence in connection with his permanent
        change of station since the settlement, if
        it does occur, will not occur within
        3 years of the date on which the employee
        reported to the new duty station, notwith-
        standing that the employee's inability to
        sell was due to market conditions. The
        regulations providing for the 3-year
        maximum period (initial 2 years plus a
        1-year extension) may not be waived or
        modified by the agency or the Comptroller
        General.

     A Government employee entitled to reimbursement under
5 U.S.C. S 5724a for expenses incurred in connection with
residence transactions incident to a change in official duty
stations is limiter by regulations to a settlement date in
the sale of his residence within 3 years of the date on
which he reported to his new duty station. In this case we
are asked whether an employee, Mr. Robert D. Charlesworth,
may be granted an additional 1-year extension of the time
limit in excess of the 3-year entitlement because the
employee has not been able to sell his residence due to the
economic situation where his residence is located.1 We
conclude that the provisions of the regulations governing
the time limit may not be waived or modified by us or the
agency concerned even though an employee's inability to sell
his residence may be due to difficulties on the housing
market caused by financial restraints or other factors.


1   Mr. M. Joseph Donnelly, the Deputy Assistant Regional
    Commissioner (Financial Management), U.S. Customs
    Service, Boston, Massachusetts, submitted this request
    for a decision.

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