B-168224, NOV. 19, 1969

B-168224: Nov 19, 1969

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WHICH WILL RESULT UPON SUCCESSFUL COMPLETION OF TRAINING PROGRAM IN EMPLOYEE'S ASSIGNMENT TO NEW PERMANENT OFFICIAL STATION. SUCH REIMBURSEMENT WILL NOT BE MADE UNTIL COMPLETION OF PROGRAM AND TRANSFER TO NEW OFFICIAL STATION. WAS SELECTED FOR PARTICIPATION IN A TRAINING PROGRAM KNOWN AS THE VETERINARY ADMINISTRATOR DEVELOPMENT PROGRAM (VADP). HE WAS INFORMED THAT HE HAD BEEN SELECTED TO PARTICIPATE IN SUCH PROGRAM AND BY LETTER OF JULY 8. WAS ADVISED THAT HE SHOULD REPORT AT HIS FIRST TRAINING STATION ON SEPTEMBER 3. THAT I AM FULLY AWARE THAT ONE OF THE REQUIREMENTS TO BE MET FOR PARTICIPATION IN THIS PROGRAM IS WILLINGNESS TO ACCEPT ASSIGNMENT ANYWHERE IN THE UNITED STATES AS THE NEEDS OF THE SERVICE REQUIRE AND THAT THIS CONSTITUTES MY WRITTEN DECLARATION TO DO THIS.

B-168224, NOV. 19, 1969

OFFICERS AND EMPLOYEES--TRANSFERS--RELOCATION EXPENSES--HOUSE SALE- DURING TEMPORARY ASSIGNMENT EMPLOYEE, SELECTED FOR PARTICIPATION IN VETERINARY ADMINISTRATOR DEVELOPMENT PROGRAM, AGRICULTURAL RESEARCH SERVICE, WHICH WILL RESULT UPON SUCCESSFUL COMPLETION OF TRAINING PROGRAM IN EMPLOYEE'S ASSIGNMENT TO NEW PERMANENT OFFICIAL STATION, MAY BE REIMBURSED AUTHORIZED EXPENSES INCURRED IN CONNECTION WITH SALE OF RESIDENCE LOCATED AT OLD OFFICIAL STATION AT TIME OF PARTICIPATION IN PROGRAM BUT PRIOR TO EMPLOYEE'S COMPLETION THEREOF AND TRANSFER TO NEW STATION, BUT SUCH REIMBURSEMENT WILL NOT BE MADE UNTIL COMPLETION OF PROGRAM AND TRANSFER TO NEW OFFICIAL STATION.

TO MR. A. D. COX:

WE REFER TO YOUR LETTER OF OCTOBER 23, 1969, REQUESTING ADVICE CONCERNING THE PROPRIETY OF CERTIFYING FOR PAYMENT A VOUCHER TRANSMITTED THEREWITH IN FAVOR OF GEORGE P. PIERSON, AN EMPLOYEE OF THE AGRICULTURAL RESEARCH SERVICE, ANIMAL HEALTH DIVISION, COVERING EXPENSES INCURRED INCIDENT TO THE SALE OF HIS RESIDENCE IN MINOT, NORTH DAKOTA, UNDER THE FACTS AND CIRCUMSTANCES HEREINAFTER RELATED.

THE EMPLOYEE INVOLVED WHILE STATIONED AT MINOT, NORTH DAKOTA, WAS SELECTED FOR PARTICIPATION IN A TRAINING PROGRAM KNOWN AS THE VETERINARY ADMINISTRATOR DEVELOPMENT PROGRAM (VADP). ON JUNE 4, 1968, HE WAS INFORMED THAT HE HAD BEEN SELECTED TO PARTICIPATE IN SUCH PROGRAM AND BY LETTER OF JULY 8, 1968, WAS ADVISED THAT HE SHOULD REPORT AT HIS FIRST TRAINING STATION ON SEPTEMBER 3, 1968. THE JULY 8 LETTER ADVISED HIM, ALSO, THAT REASSIGNMENTS WOULD BE MADE AT COMPLETION OF THE TRAINING OR SHORTLY THEREAFTER. THE TRAINING AGREEMENT SIGNED BY THE EMPLOYEE CONTAINED THE FOLLOWING CERTIFICATION:

* * * * * * * "2. THAT I AM FULLY AWARE THAT ONE OF THE REQUIREMENTS TO BE MET FOR PARTICIPATION IN THIS PROGRAM IS WILLINGNESS TO ACCEPT ASSIGNMENT ANYWHERE IN THE UNITED STATES AS THE NEEDS OF THE SERVICE REQUIRE AND THAT THIS CONSTITUTES MY WRITTEN DECLARATION TO DO THIS; "3. THAT I REALIZE THE ASSIGNMENT TO A TRAINING STATION IS TEMPORARY AND THOSE WHO DO NOT PROPERLY RESPOND TO TRAINING OR DEMONSTRATE, AFTER A FAIR TRIAL THAT THEY ARE NOT POTENTIAL MATERIAL FOR POSITIONS OF GREATER RESPONSIBILITY, WILL REVERT TO THEIR FORMER STATION OR AT SOME OTHER LOCATION WHERE THEIR SERVICES CAN BE UTILIZED MOST EFFECTIVELY; "4. THAT I AM WILLING TO VOLUNTARILY RETURN TO MY PRESENT TYPE OF POSITION AT THE PROPER SALARY RATE IN THE EVENT IT IS DETERMINED THAT I HAVE NOT PROPERLY RESPONDED TO THE TRAINING AND HAVE FAILED TO DEMONSTRATE THAT I AM POTENTIAL MATERIAL FOR POSITIONS OF GREATER ESPONSIBILITY; "5. THAT I AM WILLING TO RETURN TO MY PRESENT POSITION AT THE PROPER SALARY RATE FOLLOWING COMPLETION OF THE VADP UNTIL SUCH TIME AS MY SERVICES ARE NEEDED IN POSITIONS OF GREATER RESPONSIBILITY * * *"

YOUR LETTER SAYS FURTHER THAT ON JUNE 12, 1968, MR. PIERSON SIGNED A SALES AGREEMENT WITH A REALTY FIRM TO SELL HIS RESIDENCE AND SIGNED AN AGREEMENT FOR THE SALE OF THE PROPERTY ON AUGUST 12, 1968. THE SETTLEMENT DATE FOR SUCH SALE WAS SEPTEMBER 13, 1968. THEREAFTER, FOLLOWING COMPLETION OF THE TRAINING ASSIGNMENT, MR. PIERSON, IN FACT, WAS TRANSFERRED FROM MINOT, NORTH DAKOTA, TO ST. PAUL, MINNESOTA, AND PURSUANT TO TRAVEL ORDER NO. 91-94, DATED JULY 7, 1969, HE REPORTED AT HIS NEW STATION IN ST. PAUL ON JULY 13, 1969.

THE SITUATION OF THE EMPLOYEE HERE INVOLVED WHO WAS SELECTED TO PARTICIPATE IN THE VETERINARY ADMINISTRATOR DEVELOPMENT PROGRAM IS SUBSTANTIALLY SIMILAR TO THAT OF AN INTERNAL REVENUE EMPLOYEE SELECTED TO PARTICIPATE IN THE EXECUTIVE SELECTION AND DEVELOPMENT PROGRAM, BUREAU OF INTERNAL REVENUE, WHICH WAS THE SUBJECT OF OUR DECISION OF JUNE 29, 1967, B-161795. A COPY OF THAT DECISION IS ENCLOSED. IN THAT CASE, AS IN THE SITUATION YOU PRESENT, IT WAS THE FIRM POLICY OF THE AGENCY TO TRANSFER AN EMPLOYEE WHO SUCCESSFULLY COMPLETES THE PROGRAM ALTHOUGH THE SPECIFIC ASSIGNMENT TO A NEW DUTY STATION IS NOT MADE UNTIL AFTER THE SUCCESSFUL COMPLETION OF SUCH PROGRAM. ALSO, IN THAT CASE, AS HERE, REIMBURSEMENT OF REAL ESTATE EXPENSES WOULD NOT BE MADE UNTIL COMPLETION OF THE PROGRAM AND A TRANSFER TO A NEW OFFICIAL STATION.

UNDER THE CIRCUMSTANCES THERE INVOLVED WE CONCLUDED THAT REIMBURSEMENT OF REAL ESTATE EXPENSES INCURRED IN CONNECTION WITH THE SALE OF A RESIDENCE AT THE TIME OF PARTICIPATION IN THE PROGRAM BUT PRIOR TO THE EMPLOYEE'S COMPLETION THEREOF AND HIS TRANSFER TO A NEW STATION WOULD BE AUTHORIZED.

IN LINE WITH THAT DECISION, THE ATTACHED VOUCHER WHICH IS RETURNED HEREWITH MAY BE CERTIFIED FOR PAYMENT IF OTHERWISE CORRECT.