B-170042, AUG. 20, 1970

B-170042: Aug 20, 1970

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AFTER EMPLOYEE WAS TRANSFERRED OVERSEAS. POSITION WAS ABOLISHED AND HE RETURNED TO FORMER POSITION CLAIM FOR EXPENSES TO BREAK LEASE AT FORMER RESIDENCE AND DAMAGES MUST BE DISALLOWED IN ABSENCE OF ANY AUTHORITY FOR SUCH PAYMENT. IN OUR SETTLEMENT ACTION THE FACTS WERE STATED AS FOLLOWS: "THE RECORD SHOWS THAT YOU ACCEPTED AN OVERSEAS POST OF DUTY AND AGREED TO SUCH ASSIGNMENT FOR A PERIOD OF TWENTY FOUR MONTHS BEGINNING WITH THE DATE OF YOUR ARRIVAL. OKINAWA WAS ABOLISHED AND YOU EXERCISED YOUR REEMPLOYMENT RIGHTS UNDER 10 U.S.C. 1586. YOUR DUTY STATION WAS CHANGED TO DALLAS. SINCE YOUR RESIDENCE WAS UNDER LEASE AT DALLAS. IT WAS NECESSARY FOR YOU TO OBTAIN OTHER PERMANENT QUARTERS. YOUR CLAIM IS FOR EXPENSES TO BREAK LEASE ON YOUR PRESENT PERMANENT QUARTERS.

B-170042, AUG. 20, 1970

TRANSFERRED EMPLOYEE -- RELOCATION EXPENSES SUSTAINING DISALLOWANCE OF CLAIM FOR RELOCATION EXPENSES INCIDENT TO CHANGE OF STATION FROM OKINAWA, RYUKYU, TO DALLAS, TEXAS. WHERE, AFTER EMPLOYEE WAS TRANSFERRED OVERSEAS, POSITION WAS ABOLISHED AND HE RETURNED TO FORMER POSITION CLAIM FOR EXPENSES TO BREAK LEASE AT FORMER RESIDENCE AND DAMAGES MUST BE DISALLOWED IN ABSENCE OF ANY AUTHORITY FOR SUCH PAYMENT.

TO MR. CHARLES R. STRONG:

YOUR LETTER OF APRIL 22, 1970, IN EFFECT ASKS FOR RECONSIDERATION OF OUR CLAIM SETTLEMENT ACTION OF APRIL 15, 1970, DISALLOWING YOUR CLAIM FOR RELOCATION EXPENSES INCIDENT TO YOUR PERMANENT CHANGE OF DUTY FROM OKINAWA, RYUKYU, TO DALLAS, TEXAS, AS AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY.

IN OUR SETTLEMENT ACTION THE FACTS WERE STATED AS FOLLOWS:

"THE RECORD SHOWS THAT YOU ACCEPTED AN OVERSEAS POST OF DUTY AND AGREED TO SUCH ASSIGNMENT FOR A PERIOD OF TWENTY FOUR MONTHS BEGINNING WITH THE DATE OF YOUR ARRIVAL, SEPTEMBER 1, 1969. PRIOR TO YOUR DEPARTURE FROM YOUR OLD DUTY STATION YOU LEASED YOUR OWN RESIDENCE AT DALLAS, TEXAS FOR ONE YEAR, WITH THE OPTION OF AN ADDITIONAL YEAR. DUE TO A REDUCTION IN FORCE YOUR POSITION AT FORT BUCKNER, OKINAWA WAS ABOLISHED AND YOU EXERCISED YOUR REEMPLOYMENT RIGHTS UNDER 10 U.S.C. 1586. THEREFORE, YOUR DUTY STATION WAS CHANGED TO DALLAS, TEXAS EFFECTIVE ON OR ABOUT JANUARY 21, 1970. SINCE YOUR RESIDENCE WAS UNDER LEASE AT DALLAS, TEXAS, IT WAS NECESSARY FOR YOU TO OBTAIN OTHER PERMANENT QUARTERS; THEREFORE, YOUR CLAIM IS FOR EXPENSES TO BREAK LEASE ON YOUR PRESENT PERMANENT QUARTERS, BREAK LEASE ON YOUR RESIDENCE, MOVEMENT OF HOUSEHOLD GOODS AND PERSONAL EFFECTS FROM PRESENT QUARTERS TO RESIDENCE AND RENT AND UTILITIES ON YOUR PERMANENT QUARTERS UNTIL POSSESSION OF YOUR OWN RESIDENCE IS OBTAINED."

PERTINENT PARAGRAPHS FROM YOUR LETTER OF FEBRUARY 11, 1970, READ:

"ON 1 SEPTEMBER 1969 I ARRIVED ON OKINAWA TO BEGIN A 2 YEAR TOUR OF EMPLOYMENT AS A DAC (DEPT. ARMY CIVILIAN). A REQUIREMENT WAS TO SIGN A 2 YEAR TRANSPORTATION AGREEMENT.

"BASED ON THE ABOVE, PRIOR TO LEAVING THE UNITED STATES I LEASED MY HOME IN DALLAS, TEXAS FROM 15 SEPTEMBER 1969 UNTIL 15 SEPTEMBER 1970. THE LESSEE ALSO HAS AN OPTION FOR AN ADDITIONAL YEARS LEASE IF HE SO DESIRES.

"ON 15 SEPTEMBER 1969 I WAS TRANSFERRED TO ANOTHER ORGANIZATION AND INTO ANOTHER JOB*** . I NEVER DID RECEIVE THE POSITION CALLED FOR IN THE JOB DESCRIPTION SHEET FOR WHICH I AGREED TO THE OVERSEAS TOUR AND FOR WHICH I GAVE UP MY HOME.

"ON 5 JANUARY 1970 THE JOB WHICH I HAD BEEN TRANSFERRED TO WAS ABOLISHED. SINCE I WAS CAUGHT IN THE RIF (REDUCTION IN FORCE) I WAS RETURNED TO THE U.S.A. AFTER EXERCISING MY REEMPLOYMENT RIGHTS WITH THE CORPS OF ENGINEERS IN DALLAS."

IN YOUR LETTER OF APRIL 22, 1970, YOU URGE THAT THE DECISION BE BASED ON THE FACT THAT YOU WERE RECRUITED FOR A POSITION IN OKINAWA WHICH NO LONGER EXISTED BY THE TIME YOU ARRIVED THERE. ADDITIONALLY, YOU ALLEGE THAT YOU PROTESTED UNSUCCESSFULLY YOUR REASSIGNMENT--FROM ELECTRICAL ENGINEER (GEN), GS-850-13, HQ USARYIS/FORT BUCKNER, OFFICE OF THE DIRECTOR OF LOGISTICS, ENGINEER DIVISION TO ELECTRICAL ENGINEER (GEN), GS-850-13, HQ USARYIS/FORT BUCKNER, FACILITIES ENGINEER IN THE MILITARY ENGINEERING PLANS OFFICE. IN SUMMARY YOU STATE YOUR "CLAIM IS BASED ON THE RECOVERY OF PUNITIVE DAMAGES CAUSED BY THE LIES, MISREPRESENTATION, AND FRAUD BY AN AGENCY OF THE UNITED STATES GOVERNMENT."

YOU STATE YOU KNOW THE REGULATIONS WELL AND THUS INDICATE AN UNDERSTANDING THAT YOUR CASE IS NOT WITHIN THE PROVISIONS OF THE JOINT TRAVEL REGULATIONS, VOLUME II AND TO THE SAME EFFECT BUREAU OF THE BUDGET CIRCULAR NO. A-56 (REVISED JUNE 26, 1969). SEE ALSO THE CLAIM SETTLEMENT LETTER TO YOU OF APRIL 15, 1970.

WE ARE AWARE OF NO AUTHORITY OF LAW WHEREBY AN EMPLOYEE MAY BE AWARDED PUNITIVE DAMAGES FROM THE UNITED STATES UNDER THE CIRCUMSTANCES DESCRIBED BY YOU. ACCORDINGLY THE ACTION DISALLOWING YOUR CLAIM MUST BE SUSTAINED.

CONCERNING YOUR ADDITIONAL CLAIM FOR REIMBURSEMENT OF THE AMOUNT OF $55 EXPENDED FOR OFFICE VISIT AND X-RAYS BECAUSE OF THE FALL OF YOUR SON AFTER BEING GIVEN AN IMMUNIZATION SHOT APPARENTLY BY AN AGENCY OF THE GOVERNMENT, YOU ARE ADVISED THAT SUCH CLAIM SHOULD BE FILED WITH THE PARTICULAR AGENCY INVOLVED. SEE 28 U.S.C. 2672.