Appeal of a Settlement

The issue presented on appeal of a claims settlement was whether an employee could be reimbursed the expenses of return transportation from an overseas assignment when the employee resigned his position and returned to the United States before expiration of a 3-year service agreement. Unless the failure to fulfill the agreement was for reasons beyond the control of the employee, there is no authority for reimbursement by the Government for return travel and transportation. A civilian employee of the Air Force was assigned to a duty station in the Netherlands. He signed a transportation agreement wherein he agreed to remain in the overseas assignment for 36 months for the purpose of establishing his eligibility for return travel and transportation at Government expense. Shortly after his arrival he was given a job reassignment as a result of an office reorganization. The claimant subsequently requested that his transportation agreement be waived and he also filed a grievance based upon his contention that since the position for which he was recruited and assigned was abolished, reduction-in-force (RIF) action should have been initiated. The record did not support the claimant's contention that his reason for resigning his overseas position was acceptable and that he should have been permitted to void the agreement. Furthermore, reorganization of the personnel office to which the claimant was assigned did not result in his separation, furlough, or involvement in a reasssignment involving displacement. He was reassigned to a vacant position, thus no displacement was involved and no RIF notice was required. Accordingly, the settlement which disallowed the claim for transportation expenses on the claimant's return from an overseas assignment was sustained.