B-171238, DEC. 8, 1970

B-171238: Dec 8, 1970

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H. TRYON: TRANSMITTED HEREWITH ARE LETTERS AND DOCUMENTS RELATING TO THE CLAIM OF MR. KLINGENBERG FOR REFUND OF $515.23 WHICH AMOUNT WAS COLLECTED FROM HIM ON ACCOUNT OF HIS BREACH OF A TRANSFER AGREEMENT EXECUTED UNDER 5 U.S.C. 5724(I). KLINGENBERG'S CLAIM WAS FORWARDED TO OUR OFFICE BY AN AUTHORIZED CERTIFYING OFFICER OF THE BUREAU OF RECLAMATION. SINCE THE MATTER IS NOT PROPERLY BEFORE THAT OFFICER FOR PAYMENT WE ARE ADDRESSING OUR DECISION TO YOU. KLINGENBERG WAS TRANSFERRED TO THE WHITE SANDS MISSILE RANGE. HE WAS REQUIRED TO REIMBURSE THE ARMY FOR THE COSTS OF HIS TRANSFER. YOU HAVE DOUBT WHETHER THAT DECISION IS APPLICABLE TO HIS CASE.

B-171238, DEC. 8, 1970

BREACH OF TRANSFER AGREEMENT - REFUND DECISION ALLOWING REFUND OF $515.23 COLLECTED FROM CIVILIAN EMPLOYEE DUE TO A BREACH OF TRANSFER AGREEMENT. WHERE CLAIMANT, CIVILIAN EMPLOYEE, SIGNED A TRANSFER AGREEMENT THAT HE WOULD REMAIN IN THE SERVICE OF THE DEPARTMENT OF THE ARMY FOR A MINIMUM PERIOD OF TIME, HIS TRANSFER TO THE BUREAU OF RECLAMATION DURING THAT PERIOD DOES NOT NECESSITATE THE COLLECTION BY THE ARMY, OF THE COST OF HIS TRANSFER, IN LIGHT OF HIS CONTINUED GOVERNMENT SERVICE WITHOUT A BREAK AND ON THE BASIS OF FINN V UNITED STATES, CT. CL. NO. 396-69 AND THEREFORE THE EMPLOYEE MAY BE REFUNDED THE AMOUNT IN QUESTION.

TO LIEUTENANT COLONEL F. H. TRYON:

TRANSMITTED HEREWITH ARE LETTERS AND DOCUMENTS RELATING TO THE CLAIM OF MR. ALLEN G. KLINGENBERG FOR REFUND OF $515.23 WHICH AMOUNT WAS COLLECTED FROM HIM ON ACCOUNT OF HIS BREACH OF A TRANSFER AGREEMENT EXECUTED UNDER 5 U.S.C. 5724(I).

MR. KLINGENBERG'S CLAIM WAS FORWARDED TO OUR OFFICE BY AN AUTHORIZED CERTIFYING OFFICER OF THE BUREAU OF RECLAMATION, DEPARTMENT OF THE INTERIOR. HOWEVER, SINCE THE MATTER IS NOT PROPERLY BEFORE THAT OFFICER FOR PAYMENT WE ARE ADDRESSING OUR DECISION TO YOU. SEE 31 U.S.C. 74 AND 82D.

THE RECORD SHOWS THAT MR. KLINGENBERG WAS TRANSFERRED TO THE WHITE SANDS MISSILE RANGE, NEW MEXICO, ON FEBRUARY 16, 1967. IN CONNECTION WITH THAT TRANSFER HE SIGNED AN AGREEMENT TO REMAIN IN THE SERVICE OF THE DEPARTMENT OF THE ARMY FOR A MINIMUM PERIOD OF ONE YEAR FOLLOWING THE EFFECTIVE DATE OF HIS TRANSFER. HOWEVER, MR. KLINGENBERG TRANSFERRED TO THE BUREAU OF RECLAMATION IN MONTROSE, COLORADO, ON JUNE 25, 1967, THEREBY VIOLATING THE TERMS OF HIS AGREEMENT WITH THE DEPARTMENT OF THE ARMY. CONSEQUENTLY, HE WAS REQUIRED TO REIMBURSE THE ARMY FOR THE COSTS OF HIS TRANSFER.

BY LETTER DATED SEPTEMBER 30, 1970, ADDRESSED TO YOUR OFFICE, COPY ENCLOSED, MR. KLINGENBERG, IN LIGHT OF HIS CONTINUED GOVERNMENT SERVICE WITHOUT A BREAK, REQUESTED REFUND OF THE AMOUNT COLLECTED FROM HIM, ON THE BASIS OF FINN V UNITED STATES, CT. CL. NO. 396-69, DECIDED JULY 15, 1970. YOU HAVE DOUBT WHETHER THAT DECISION IS APPLICABLE TO HIS CASE.

MR. KLINGENBERG'S CLAIM FALLS WITHIN THE PURVIEW OF THE COURT OF CLAIMS DECISION CITED ABOVE AND OUR DECISIONS B-170839, NOVEMBER 20, 1970, AND B- 170922, NOVEMBER 20, 1970, COPIES HEREWITH. ACCORDINGLY, THE EMPLOYEE MAY BE REFUNDED THE AMOUNT IN QUESTION.