Request for Relocation Expenses

An employee of the Federal Bureau of Investigation (FBI) claimed reimbursement for real estate transfer expenses incident to his reassignment to a new permanent duty station after an interim training period. His claim was similar to the claim of another FBI employee. In the earlier case, FBI denied the claim. GAO first denied the claim, but later allowed it. The FBI requested an advance decision regarding the control date for application of the earlier decision. The agency contended that application should be prospective since it had relied on the first GAO decision in denying the claimant. However, GAO held that the decision did not constitute a changed construction of law as required for prospective-only application. Instead, it followed an established rule that Federal employees are entitled to real estate expenses incident to a transfer between stations interrupted by a temporary period of training. Accordingly, the employee's claim was allowed. He could be reimbursed for the expenses incurred for the sale of his residence incident to his change of duty station.