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B-219473 1 (1986-03-12)

handle is hein.gao/gaobadmfn0001 and id is 1 raw text is: ~2~D ~ THE COMPTROLLER GENERAL O ClISION Op THE UNITED STATUE q. WASHINGTON. 0. C. 20548 ('IT0 FILE: B-219473 DATE: March 12, 1986 MATTER OF: John T. Phillips - Relocation Expenses - Release From Service Agreement DIGEST: Employee of Department of Housing and Urban Development (HUD) who was transferred from Dallas to Fort Worth, Texas, failed to com- plete 12-month service agreement when he voluntarily retired, and HUD refused to reimburse his relocation expenses. Determi- nation whether separation is beyond employ- ee's control and for reasons acceptable to the agency is primarily for the agency to decide. Our Office will not overturn the agency's determination, unless it is arbi- trary or capricious. Here agency promul- gated regulation which provided that voluntary separation of an employee upon satisfying age and service requirements for optional retirement is an acceptable reason for release from a service agreement. Accordingly, agency action in refusing to accept voluntary retirement as an acceptable reason for not fulfilling obligation under service agreement is contrary to agency's own regulation and arbitrary. Therefore, agency action is improper and employee may be paid claimed expenses to extent otherwise proper. The issue in this decision is whether a transferred employee who did not complete the required term of Government service at his new duty station is entitled to relocation expenses incident to his transfer. We hold that the employee is entitled to relocation expenses since he failed to complete his service agreement for reasons which were explicitly made acceptable by the agency's own travel regulations. Therefore, failure to complete the service agreement under these circumstances cannot be a valid reason for agency to deny all relocation expenses. This decision is in response to a request, submitted through counsel, from Mr. John T. Phillips, a former employee of the Office of Inspector General, Department of Housing and Urban Development (HUD), concerning his claim 0OBL4A_.)\ -

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