Board of Contract Appeals

                 General Services Administration

                      Washington, D.C. 20405









                     _______________________



                        February 12, 2003

                     _______________________





                         GSBCA 15877-RELO





                In the Matter of FRANCIS L. VARGAS     





     Francis L. Vargas, Tooele, UT, Claimant.



     Barbara J. Gaydos, Acting Travel Pay Site Manager, Defense Finance and Accounting

Service, Rock Island, IL, appearing for Department of Defense.



WILLIAMS, Board Judge.



                            Background



     Claimant, Francis L. Vargas, a security guard employed by the Department of

Defense, was transferred from the United States Army Chemical Activity-Pacific,

Johnston Island, to Tooele Army Depot in Utah with a reporting date of August 27, 2001. 

His permanent change of station orders were amended on February 14, 2002, to correct his

new permanent duty station to Deseret Chemical Depot, Tooele, Utah.  Mr. Vargas was

authorized thirty days of temporary quarters subsistence expenses (TQSE) in his travel

orders.



     Claimant placed his prior residence in Fairacres, New Mexico, on the market in May

2001, and he sold the home in February 2002.  Claimant flew back to New Mexico to close

on the home in late February, and he and his family arrived back in Tooele on March 2, 2002. 

Not being aware of the restrictions in the applicable regulations, claimant rented a suite that

would accommodate his family until he was able to close on their new home on March 25

and take delivery of their household goods on March 28, 2002.  Claimant was advised by

personnel at the Deseret Chemical Depot that he should submit a claim for TQSE for his

dependents.



     Mr. Vargas was reimbursed for thirty days of TQSE for the period August 27-

September 25, 2001.  He subsequently sought additional TQSE for his dependents for the

period March 2-28, 2002.



                            Discussion



     The relief which claimant seeks in this case is squarely prohibited by the governing

regulations.  Federal Travel Regulation (FTR) 302-5.109 expressly provides:



       302-5.109  May the period for which I am authorized to claim actual

     TQSE reimbursement for myself be different from that of my immediate

     family?



          No, the eligibility period for which you are authorized to claim actual

     TQSE reimbursement for yourself and for each member of your immediate

     family must run concurrently.



41 CFR 302-5.109 (2001).  The Joint Travel Regulations, at C13205-C.2, are to the same

effect.  See also, Alfred J. Costanzo, GSBCA 13718-RELO, 97-1 BCA   28,872 ("Claimant's

daughter's period of eligibility for reimbursement of TQSE must run concurrently with his;

she was eligible only on each of the days that her father could receive such reimbursement.").



                             Decision



     The claim is denied.



                                   ________________________________

                                   MARY ELLEN COSTER WILLIAMS

                                   Board Judge