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B-233189 1 (1990-03-19)

handle is hein.gao/gaobadnsg0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 20548 Decision Michiko Hata Matter of: B-233189 File: Date: March 19, 1990 DECISION The issue in this decision is whether an employee may be reimbursed for losses incurred in selling or giving away two automobiles, payment of automobile rental expenses, and loss of post exchange and commissary privileges as part of a settlement agreement of a discrimination complaint.l/ Ms. Michiko Hata, an employee of the Department of the Army, was reduced in grade from GS-12 to GS-11 and was reassigned from Germany to the continental United States, pursuant to a settlement agreement signed on October 29, 1985. On January 28, 1988, Ms. Hata executed another negotiated settlement agreement with the Army in which she was restored to the GS-12 grade level as an Equal Employment Opportunity (EEO) Officer, and was awarded, among other things, backpay, a within-grade increase, home leave, living quarters allowances, and attorney fees. It was agreed that the three items, stated earlier, would be submitted to this Office for a decision as to whether such items may be paid pursuant to the administrative settlement of the discrimination complaint. See Albert D. Parker, 64 Comp. Gen. 349 (1985); Equal Employment Opportunity Commission, 62 Comp. Gen. 239 (1983). This Office has held that the Back Pay Act, 5 U.S.C. S 5596 (1982), does not authorize payment of incidental expenses, such as travel, transportation or moving expenses when they are incurred by an employee as a consequence of an unjustified or unwarranted personnel action. See Ralph C. Harbin, 61 Comp. Gen. 57, 60 (1981), in which we drew a distinction between expenses which are incidental to a wrongful action and those which woulH have been received by the employee but for the wrongful personnel action. Only 1/ This decision was requested by the United States Army Finance and Accountinq Center, Department of the Army. C~\~ / 0 ,, I /V, /I'll,

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