B-162504, DEC. 19, 1967

B-162504, DEC. 19, 1967

EMPLOYEES - TRANSFERS - PUBLIC LAW 89-516 - HOME SALE/PURCHASE EXPENSES DECISION TO DISBURSING OFFICER OF THE OMAHA DISTRICT, CORPS OF ENGINEERS, CONCERNING PROPRIETY OF REIMBURSING EMPLOYEE FOR COSTS OF SALE OF RESIDENCE INCIDENT TO TRANSFER FROM GRAND FORKS, N.D. TO OMAHA, NEB. EMPLOYEE WHO SOLD HIS HOME AT GRAND FORKS, N.D., ON AUG. 4, 1966, PRIOR TO ORDERS TRANSFERRING HIM TO OMAHA, NEB. EFFECTIVE SEPT. 22, 1966, MAY, ON THE BASIS OF SUPPLEMENTARY EVIDENCE INDICATING THAT AT TIME OF SALE HE HAD BEEN ADVISED THAT HE WOULD BE TRANSFERRED TO ANOTHER DUTY STATION AS A RESULT OF THE PHASE-DOWN OF THE GRAND FORKS OFFICE, BE REIMBURSED FOR THE SALE EXPENSES.

TO MR. W. M. WILSON, DISBURSING OFFICER:

WE REFER TO YOUR LETTER OF AUGUST 1, 1967, REFERENCE MROCF-E, BY WHICH YOU FORWARDED FOR OUR ADVANCE DECISION THE TRAVEL VOUCHER OF MR. CLIFFORD L. GRABOW, AN EMPLOYEE OF THE CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, TO REIMBURSE HIM CERTAIN COSTS HE INCURRED IN SELLING HIS RESIDENCE AT HIS OLD OFFICIAL STATION, GRAND FORKS, NORTH DAKOTA, INCIDENT TO HIS PERMANENT CHANGE OF STATION TO OMAHA, NEBRASKA, WHICH WAS EFFECTIVE ON OR ABOUT SEPTEMBER 29, 1966.

THE QUESTION PRESENTED IS WHETHER REIMBURSEMENT OF THE EXPENSES INVOLVED IS AUTHORIZED IN VIEW OF THE FACT THAT MR. GRABOW SOLD HIS HOME ON AUGUST 4, 1966, PRIOR TO THE DATE HE WAS ISSUED PERMANENT CHANGE OF STATION ORDERS ON SEPTEMBER 22, 1966, FROM GRAND FORKS TO OMAHA.

STATEMENTS IN THE FILE ORIGINALLY SUBMITTED AND A SUPPLEMENTARY STATEMENT DATED NOVEMBER 9, 1967, FROM THE CHIEF, REAL ESTATE DIVISION, OMAHA DISTRICT, CORPS OF ENGINEERS, SHOW THAT AT THE TIME MR. GRABOW SOLD HIS HOME HE HAD BEEN ADVISED THAT HE WOULD BE TRANSFERRED TO ANOTHER DUTY STATION AS A RESULT OF THE PHASE-DOWN OF THE GRAND FORKS OFFICE. IN VIEW THEREOF, THE VOUCHER WHICH IS RETURNED HEREWITH MAY BE PROCESSED FOR PAYMENT IF OTHERWISE CORRECT.