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B-219817 1 (1986-02-21)

handle is hein.gao/gaobadpsp0001 and id is 1 raw text is: 7     ,-'      r


                COMPTROLLER GENERAL OF THE UNITED STATES
                         WASHINGTON D.C. MW




 B-219817                                 February 21, 1986



 The Honorable Charles McC. Mathias, Jr.
 Chairman, Subcommittee
   on Governmental Efficiency and
   the District of Columbia
Committee on Governmental Affairs
United States Senate                DO NOT MAKE AVAILALE TO PUBUC READING

Dear Mr. Chairman:                            FOR 30 DAYS

     This is in response to your letter of July 25, 1985,
requesting our views on whether the Department of Defense's
overseas rotation policy for civilian personnel is in
violation of any statute. Your re uest arises from an
inquiry you received from    -, a civilian employee
of the Department of the Army. Base on our review of
DOD's policy as implemented by the Department of the Army,
we discern no statutory violation.

     As explained in               letter of July 8, 1985,
addressed to you, his primary concern is that the Department
of the Army is not complying with applicable laws and regula-
tions in determining which civilian employees will have their
overseas tours of duty extended. Essentially, he alleges that
the current Army policy, as implemented by the Army in C14,
AR 690-300, Chapter 301 (Chapter 301), is inconsistent with
the purpose behind the enactment of 10 U.S.C. S 1586, the law
regarding the rotation of Department of Defense overseas
employees between posts of duty within and without the con-
tinental United States. He claims that this regulation per-
mits decisions regarding extensions of overseas tours to be
made in an arbitrary and capricious manner in violation of
Federal merit systems principles and that the Army's current
administration of DOD's rotation policy causes unnecessary
disruption, resulting in constant turnover and low
productivity for overseas employees.

     Preliminarily, we note that much of              discus-
sion is based on Chapter 301 of the ArmyRegu ations, which
was extensively revised and reissued effective April 1, 1985.
Because many of            s complaints and comments about
the Army regulation are no longer pertinent we will not
address each of his concerns but rather will deal with the
general question of whether the Army regulation is consistent
with law.

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