B-165798, JUL. 25, 1969
Highlights
FACT THAT UNDER DEMONSTRATION CITIES AND METROPOLITAN DEVELOPMENT ACT OF 1966 EMPLOYEE WAS PAID ON ACCOUNT OF LOSS IN SELLING RESIDENCE IS NOT DETERMINATIVE OF RIGHTS UNDER 5 U.S.C. 5724A. IS ENCLOSED. 5 U.S.C. 5724A (A) (4) AS IMPLEMENTED BY SECTION 4 OF BUREAU OF THE BUDGET CIRCULAR NO. ALTHOUGH YOU WERE SCHEDULED TO TRANSFER FROM OLMSTED AIR FORCE BASE TO TINKER AIR FORCE BASE AS A RESULT OF THE CLOSING OF THE FORMER INSTALLATION AT THE TIME YOU SOLD THE RESIDENCE IN QUESTION. YOUR DECISION NOT TO TRANSFER TO TINKER AIR FORCE BASE BUT TO ACCEPT EMPLOYMENT WITH ANOTHER FEDERAL AGENCY IN THE MIDDLETOWN VICINITY WAS NOT INITIATED OR REQUIRED BY THE GOVERNMENT. SINCE YOU DID NOT TRANSFER TO A NEW DUTY STATION IN THE INTEREST OF THE GOVERNMENT AND SINCE YOUR TRANSFER ORDERS WERE NOT CANCELED FOR OFFICIAL REASONS THERE IS NO AUTHORITY TO REIMBURSE YOU THE COSTS YOU INCURRED IN SELLING YOUR RESIDENCE IN MIDDLETOWN.
B-165798, JUL. 25, 1969
CIVIL PAY - RELOCATION EXPENSES - SALE OF HOME IN ANTICIPATION OF TRANSFER DECISION REAFFIRMING B-165798, FEBURARY 3, 1969, DISALLOWING AIR FORCE EMPLOYEE COSTS INCURRED IN SELLING RESIDENCE AT MIDDLETOWN, PA. IN ANTICIPATION OF TRANSFER TO TINKER AIR FORCE BASE, OKLA. INCIDENT TO CLOSING OF OLMSTED AF BASE, PENNSYLVANIA. SINCE EMPLOYEE DID NOT TRANSFER BUT OBTAINED EMPLOYMENT WITH ANOTHER AGENCY (FAA) AT OLD STATION, REIMBURSEMENT MUST BE DENIED. FACT THAT UNDER DEMONSTRATION CITIES AND METROPOLITAN DEVELOPMENT ACT OF 1966 EMPLOYEE WAS PAID ON ACCOUNT OF LOSS IN SELLING RESIDENCE IS NOT DETERMINATIVE OF RIGHTS UNDER 5 U.S.C. 5724A.
TO MR. CHARLES R. LONG, JR.:
WE REFER TO YOUR LETTER OF JUNE 5, 1969, BY WHICH YOU REQUEST THAT WE RECONSIDER THE DECISION OF FEBRUARY 3, 1969, B-165798, WHICH INVOLVED YOUR CLAIM FOR REIMBURSEMENT OF THE COSTS YOU INCURRED IN SELLING YOUR RESIDENCE IN MIDDLETOWN, PENNSYLVANIA, IN ANTICIPATION OF YOUR TRANSFER AS AN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE TO TINKER AIR FORCE BASE, OKLAHOMA, INCIDENT TO THE CLOSING OF OLMSTED AIR FORCE BASE, PENNSYLVANIA. A COPY OF THE DECISION OF FEBRUARY 3, 1969, IS ENCLOSED.
5 U.S.C. 5724A (A) (4) AS IMPLEMENTED BY SECTION 4 OF BUREAU OF THE BUDGET CIRCULAR NO. A-56 AUTHORIZES REIMBURSEMENT TO EMPLOYEES FOR CERTAIN EXPENSES INCURRED IN THE SALE OF A RESIDENCE WHEN REQUIRED BY A TRANSFER OF OFFICIAL STATION IN THE INTEREST OF THE GOVERNMENT. ALTHOUGH YOU WERE SCHEDULED TO TRANSFER FROM OLMSTED AIR FORCE BASE TO TINKER AIR FORCE BASE AS A RESULT OF THE CLOSING OF THE FORMER INSTALLATION AT THE TIME YOU SOLD THE RESIDENCE IN QUESTION, YOU DID NOT TRANSFER BUT INSTEAD OBTAINED EMPLOYMENT WITH THE FEDERAL AVIATION ADMINISTRATION IN THE VICINITY OF YOUR OLD OFFICIAL STATION. YOUR DECISION NOT TO TRANSFER TO TINKER AIR FORCE BASE BUT TO ACCEPT EMPLOYMENT WITH ANOTHER FEDERAL AGENCY IN THE MIDDLETOWN VICINITY WAS NOT INITIATED OR REQUIRED BY THE GOVERNMENT. SINCE YOU DID NOT TRANSFER TO A NEW DUTY STATION IN THE INTEREST OF THE GOVERNMENT AND SINCE YOUR TRANSFER ORDERS WERE NOT CANCELED FOR OFFICIAL REASONS THERE IS NO AUTHORITY TO REIMBURSE YOU THE COSTS YOU INCURRED IN SELLING YOUR RESIDENCE IN MIDDLETOWN.
REGARDING THE DETERMINATION OF THE DEPARTMENT OF THE ARMY TO PAY YOU A SUM OF MONEY ON ACCOUNT OF THE LOSS YOU SUSTAINED IN SELLING THE MIDDLETOWN RESIDENCE, WE ASSUME THAT SUCH PAYMENT WAS MADE TO YOU UNDER THE AUTHORITY OF SECTION 1013 OF THE DEMONSTRATION CITIES AND METROPOLITAN DEVELOPMENT ACT OF 1966, APPROVED NOVEMBER 3, 1966, PUBLIC LAW 89-754, 80 STAT. 1290, 42 U.S.C. 3374. REGULATIONS IMPLEMENTING THAT PROVISION ARE PRESCRIBED BY THE SECRETARY OF DEFENSE AND DETERMINATIONS MADE UNDER SUCH REGULATIONS ARE FINAL AND CONCLUSIVE. HOWEVER, THE DETERMINATION MADE UNDER THAT PROVISION OF LAW IS IN NO WAY DETERMINATIVE OF YOUR RIGHTS TO REIMBURSEMENT UNDER THE PROVISIONS OF 5 U.S.C. 5724A.
FOR THE REASONS STATED WE FIND NO BASIS UPON WHICH THE CONCLUSION REACHED IN THE DECISION OF FEBRUARY 3, 1969, B-165798, MAY BE REVERSED.