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B-247466 1 (1992-06-05)

handle is hein.gao/gaobadobt0001 and id is 1 raw text is: v , ComptroUer General of the United Stes Washintan, 0,09 20548 Decision Matter of: James J. Gormley - Home Service Transfer Allowance - Lack of Service Agreemnt File: B-247466 bate: June 5, 1992 DIGEST A Foreign Service employee who was transferred from; Bangkok, Thailand, to Washington, D.C., under involuntary retirement orders, appealed those orders and was granted presc'r'iptive relief by the Foreign Service Grievance Board pendi)g reso- lution of his appeal, After employee served 13 more months with Washington, D.C., as his permanent duty statioi and veluntarily retired in September 1990, he claimed eligibil- ity for the home service transfer allowance, His claim for the subsistence expense portion was disallowed because he was transferred under retirement orders and could not certify that he would be able to serve at least 12 months when he transferred. The absence ofea signed service agree- ment is not fatal when an otherwise eligible employee in fact performs the required minimum service. Since the employee here performed the mihimum service required under section 251.2c of the Standardized Regulations (Government Civilians, Foreign Areas), after his transfer to Washington, D.C., his clai'r for the subsistence expense portion of the home service transfer allowance may be allowed. DECISION Mr. James J. Gormley, a retired employee of the Department of State appeals that part of our Clhiims Group's settlement which disallowed his claim for reimbursement of expenses under the subsistence expense portion of the home service transfer allowance.' For the following reasons, we reverse our Claims Group's disallowance. We hold that Mr. Gormley may b3 paid the subsistence expense portion of tha home service transfer allowance and remand this matter to the State Department for determination of the allowable amount due, ISettlement Certificate Z-2867297, Nov. 21, 1991. U.

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