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B-241216.2 1 (1991-08-14)

handle is hein.gao/gaobadnxv0001 and id is 1 raw text is: Comptroller General of the United States Washlngtop, 0,0, 20548 ITO 0 5 Decision Matter of: John J, McCracken File: B-241216,2 Date: August 14, 1991 DIGEST An agency that permits an employee to transfer non-competi- tively to a position at a lower grade in order to accommodate the employee's desire to relocate, properly required the employee to pay his own relocation expenses, since the transfer was primarily for the employee's benefit, DECISION Mr. John J. McCracken, an employee of the Intern'al Revenue Service (IRS), requests reconsideration of our denial of his claim for reimbursement of his relocation expenses incurred pursuant to his transfer from Helena, Montana, to a position involving a voluntary demotion in Pocatello, Idtho, incident to a permanent change of station, That disallowance was based on the fact that Mr. McCracken accepted a non-competitive reassignment topa down-graded position. We concluded that his relocation was primarily for his own convenience or benefit, For the reasons set forth below, we affirm our prior decision, John J. McCracken, B-241216, Feb. 14, 1991. As background, section 5724(h) of title 5, United States Code, prohibits payment whero a transfer is made primarily for the convenience or benefit of an employee or at the employee's request. See also paragraph 2-1.3a of the Federal Travel Regulations (FTR),.I/ Agencies have broad discretion to determine whether a particular transfer is in the interest of the government or for the benefit of the employee. Dante P. Fontanella, B-184251, July 30, 1975. When an agency acts upder that authority, we do not disturb its determination unless it is arbitrary, capricious, or clearly erroneous. Marianne Poarch Meehan, B-211572, Aug. 1, 1983, and decisions cited. Furt'ter, as we pointed out in our decision, where an employee's relocation involves a lateral transfer or a down- grade to a position of no greater promotion potential than the old position held, or where the new position reassignment did 1/ Incorp. by ref., 41 C.F.R. § 101-7.003 (1987).

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