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B-215398 1 (1984-10-30)

handle is hein.gao/gaobadlzl0001 and id is 1 raw text is: 

                           THE COMPTROLLER GENERAL
  OSCISION                 OP THE UNIT110 ITATKSm

                           WASHINGTON. O.C. 2O548




  FILE:   B-215398               DATE: October 30, 1984

  MATTER OF:     John E. Seagriff


  DIGEST:

        Relocation expenses for changing duty
        stations are reimbursable only if the
        receiving and losing agencies meet the
        definition of agency under 5 U.S.C.
        5721(l). Since a nonappropriated fund
        activity is not such an agency, its
        employee is not entitled to relocation
        expenses upon transfer to a civilian
        position with the U.S. Army.

     Mr. John E. Seagriff, a civilian employee of the Army,-
is not entitled to relocation expenses, because at the time
he changed jobs he was employed by a nonappropriated fund
activity rather than a Federal agency as defined in
5 U.S.C. 5721(1).i/

     While working for a nonappropriated fund activity at
Keesler Air Force Base, Biloxi, Mississippi, Mr. Seagriff
accepted a Federal Civil Service appointment with the Army
at Letterkenny Army Depot, Chambersburg, Pennsylvania.
Because of an administrative error, he received a travel
authorization and assurance that the Government would pay
his relocation expenses. However, after he reported for
duty at Letterkenny Army Depot in September 1983, he was
informed that he would not be paid, since his previous
position had been with a nonappropriated fund activity at
Keesler Air Force Base.

     Sections 5724 and 5724a of title 5, United States Code,
which authorize an agency to pay transferred employees
travel and transportation expenses, various allowances, and
relocation expenses, are limited by section 5721(2) to apply
only to an individual employed in or under an agency.
Thus, an individual's entitlements under these statutes are
predicated on the requirement that the agency from which he

1/   The Finance and Accounting Officer, Letterkenny Army
     Depot, requested this advance decision, and the Per
     Diem, Travel and Transportation Allowance Committee
     assigned the request PDTATAC Control No. 84-12.


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