Request for Reimbursement of Relocation Expenses

An air traffic controller sought reimbursement of real estate transaction expenses incurred prior to the date his formal travel orders were issued but after notice of his tentative transfer to another location. The employee was transferred from Houston to Guam, but the Federal Aviation Administration has refused to reimburse him for realty transaction expenses because the sale of his residence in Texas was completed prior to confirmation of his transfer. The employee had received notification of his tentative selection and transfer, pending return of an executed employment agreement and satisfactory medical and security clearances. He immediately made arrangements to sell his residence. Subsequently he closed the sale, but continued occupancy of his residence until he was advised by telephone that his transfer had been confirmed and he should make arrangements for packing and shipping his household goods. The travel orders were then issued, and the employee reported for duty in Guam. The agency denied the claim based upon its assertion that he was advised in writing not to incur any relocation expenses until his transfer was confirmed. The Air Traffic Controllers Organization representing the employee contended that this restriction was communicated by telephone and that, in fact, the employee was not informed of the restriction. There was nothing in the record which controverted the claim that the employee was never advised not to incur any expenses until the confirmation of his transfer. Absent notice of such a restriction, the employee's claim for residence transaction expenses may be allowed, if otherwise proper.