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B-215362 1 (1984-10-01)

handle is hein.gao/gaobadlya0001 and id is 1 raw text is: THE COMPTROLLER GENERAL ECISlION OP THE UNITED STATED WASHI NGTON. 0.C. 2054U FILE: B-215362 OATE: October 1, 198h MATTER OF: William P. Hubbard - Home Service Transfer Allowance OIGEST: Employee of Department of Agriculture com- pleted an overseas assignment in Saudi Arabia. He had been assigned there under the Foreign Assistance Act of 1961, as amended, 22 U.S.C. chapter 32 and was thus eligible under 22 U.S.C. S 2385(d) (1982) to receive the home service transfer allow- ance given to Foreign Service Officers. He performed permanent change of station travel from Riyadh, Saudi Arabia, to Winchester, Virginia. Due to a delay in receiving his household goods shipment which was not his fault, he seeks extension of the home service transfer allowance beyond the maximum 30 days allowed by regu- lation. We hold that such a regulation has the force and effect of law, and is not subject to waiver or exception by the agency on a case-by-case basis. This is in response to a request for a decision from Mr. W. D. Moorman, authorized certifying officer, National Finance Center, Department of Agriculture, New Orleans, Louisiana. The issue is'whether due to extenu- ating circumstances an employee's entitlement to a home service transfer allowance under section 250 of the Standardized Regulations (Government Civilians, Foreign Areas) may be extended beyond 30 days. For the follow- ing reasons, we hold that it may not be so extended. Mr. William F. Hubbard, an employee of the Office of International Cooperation and Development, Department of Agriculture, completed an overseas assignment in Saudi Arabia. His assignment was made under the author- ity of the Foreign Assistance Act of 1961, as amended, 22 U.S.C. chapter 32. His travel incident to this assignment was thus governed by the Foreign Affairs Manual, pursuant to 22 U.S.C. 5 2385(d) (1982), which provides that employees so assigned are to receive the allowances and benefits of the Foreign Service Act of 1980, 22 U.S.C. §S 3901 et seq. (1982). Accordingly, his permanent change of -Eation (PCS) allowances were (3-3 D;4 0

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