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B-231061.3 1 (1990-08-28)

handle is hein.gao/gaobadnub0001 and id is 1 raw text is: I fL-i / ~avi/~tA/ zComptroller General of the United States Washington, D.C. 2054 Decision Matter of: John T. Zervas - Retained Grade and Pay - Quarters Allowance - Reconsideration File: B-231061.3 Date: August 28, 1990 DIGEST 1. A grade GS-12 employee of the Air Force stationed overseas was subject to a reduction in force, refused a grade GS-9 position, and chose to go on discontinued service retirement. Approximately 6 months later, he accepted a grade GS-9 posi- tion with the Department of the Army in the same area. Since the employee did not have a right to reemployment or restora- tion, we agree with an earlier Office of Personnel Management determination that the employee's discontinued service retire- ment constituted a break in service and that he is not entitled to grade and pay retention. John T. Zervas, B-231061, Jan. 26, 1989, reversed in part. 2. Employee was denied quarters allowance on the basis that he was a local hire. The issue is remanded to the agency to make a factual determination in accordance with its regula- tions as to employee's actual residence in order to determine if he was a local hire. Erroneous payments, if any, may be considered for waiver under 5 U.S.C. §§ 5584, 5922(b). DECISION In our decision John T. Zervas, B-231061, Jan. 26, 1989, we held that the Department of the Army committed an unjustified and unwarranted personnel action when it erroneously denied an employee grade and pay retention, and a living quarters allowance, on the basis of his previous declination of a grade GS-9 position. Upon reconsideration and for the reasons that follow, we reverse in part our decision John T. Zervas, B-231061, Jan. 26, 1989. BACKGROUND Mr. Zervas was employed by the Department of the Air Force as a Recreation Services Manager, grade GS-12, step 7, at the Rhein-Main Air Force Base, West Germany, when he was notified in July 1984 of a pending reduction in force (RIF). The RIF notice offered Mr. Zervas a position as a Supervisory 4 1 Z7 3

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