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B-221042 1 (1986-09-26)

handle is hein.gao/gaobadmmb0001 and id is 1 raw text is: 


          The Comptroller General
          of the United States
          Washington, D.C. 20548
UDecision




          Matter of-  Roy M. Josephson

          File:       B-221042

          Date:      September 26, 1986


          DIGEST

          1. Former employee of the Forest Service claims payment
          under 5 U.S.C. § 5722(a)(1) for travel from his alleged
          residence in Red Wing, Minnesota, on November 4 and 5, 1978,
          to accept a permanent position of forester with the Forest
          Service in Petersburg, Alaska, beginning November 5, 1978.
          The General Accounting Office first received the claim on
          June 19, 1985, more than 6 years after the date the claim
          first accrued in November 1978. The claim may not be allowed
          since 31 U.S.C. S 3702(b) bars consideration of claims re-
          ceived in the General Accounting Office more than 6 years
          after the date the claim first accrues, regardless of a prior
          filing with the claimant's agency.

          2. Former Forest Service employee hired locally in Alaska
          does not qualify for payment of return travel and transpor-
          tation expenses under 5 U.S.C. 5 5722(a)(2). Benefits under
          section 5722 are not available to an employee whose place of
          actual residence at the time of appointment is the same as
          the official duty station outside of the continental United
          States at which he is appointed. Forest Service's deter-
          mination in this case that the employee was a resident of
          Alaska at the time of his appointment is reasonable and,
          therefore, entitled to deference.

          DECISION

          The question in this case is whether Mr. Roy M. Josephson, a
          former employee of the Forest Service, United States Depart-
          ment of Agriculture, is entitled to payment for certain
          travel and transportation expenses under 5 U.S.C. S 5722
          (1982) incident to his appointment to a position in Alaska
          and upon his return to a designated location after resig-
          nation from the Forest Service.i/  Mr. Josephson's claim


          I/ This responds to a request for a decision from
          C. E. Tipton, a Forest Service certifying officer.

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