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B-191018 1 (1978-12-26)

handle is hein.gao/gaobadgsx0001 and id is 1 raw text is: 


                            THE   COMPTROLLER GENERAL
                            OF   THE UNITED STAT
DECISIONwASHINGTON, D.C.

                    WN IT


FILE:  B-191018


DATE: December   26, 1978


MATTER OF: Gerald W. Frye - Relocation expenses   -
               2-year time limitation


DIGEST:


The 2-year time limitation under FTR 2-6.1(e),
including a 1-year extension, for settlement
of a residence sale is on or before the second
anniversary of the date the employee reports
for duty at his new duty .station. Since settle-
ment was 1 day after the second anniversary of
the date the employee reported for duty, real
estate expenses are denied.


     This responds to a request from R. G. Bordley, Chief, Accounting
and Finance Division, Office of the Comptroller, Headquarters, Defense
Logistics Agency, for reconsideration of our decision in Matter of
Gerald W. Frye, B-191018, April 26, 1978, which denied real estate
expenses incurred by Mr. Frye incident to his permanent change of
station.

     Reconsideration is requested because it has been administratively
determined that Mr. Frye's reporting date at his new duty station
Burlington, North Carolina, was October 20, 1975, rather than October 19,
1975, the date upon which we based our decision of April 26, 1978.

     The question is whether the time limitation (1 year plus 1-year
extension) under paragraph 2-6.1(e) of the Federal Travel Regulations
for settlement of the sale of a residence-is on or before the second
anniversary of the date the employee reported for duty at his new
duty station. Real estate expenses must be denied under this pro-
vision if the time limitation for settlement is not met.

     Inasmuch as the actual reporting date was October 20, 1975,
the time limitation for settlement of the sale, including the 1-year
extension granted Mr. Frye, was the second anniversary date. See
B-168318, December 10, 1969, and B-173207, July 13, 1971. Conse-
quently, the date of settlement under paragraph 2-6.1(e) could be
no later than October 20, 1977. Since settlement was on October 21,
1977, the time limitation was not met.