Board of Contract Appeals

                 General Services Administration

                      Washington, D.C. 20405







                         _______________



                           May 5, 2005

                         _______________





                         GSBCA 16619-RELO





                    In the Matter of UTA ACKER





     Uta Acker, Arlington, VA, Claimant.



     Judy Hughes, Travel Policy and Procedures, Defense Finance and Accounting

Service, Columbus, OH, appearing for Department of Defense.



GOODMAN, Board Judge.



     Claimant, Uta Acker, is a civilian employee of the Defense Information Systems

Agency.  She has asked this Board to review the agency's denial of her claim arising from

a permanent change of station (PCS) move.



                           Background



     Claimant was issued travel orders dated June 23, 2004, for a PCS move from Laguna

Niguel, California, to Arlington, Virginia, to report to her new duty station on July 11, 2004.

After accomplishing her PCS move, she requested reimbursement of real estate expenses

associated with the sale of her home in Tucson, Arizona.  The agency denied reimbursement

of the real estate expenses, based upon its determination that the house claimant sold was

neither in the area of claimant's old duty station nor the home from which she commuted to

and from work daily when she worked in California.



                                                           Discussion

                                

     By statute, agencies are to reimburse employees for real estate expenses incurred in

the sale of a residence at the old official station incident to a transfer in the interest of the

Government.  5 U.S.C.   5724a(d) (2000).  Under the Federal Travel Regulation (FTR),

which implements this statutory provision, to qualify for reimbursement, this residence must

be the one "from which [the employee] regularly commute[d] to and from work on a daily

basis and which was [the employee's] residence at the time [he or she was] officially notified

by competent authority to transfer to a new official station."  41 CFR 302-11.100 (2004). 

The pertinent provisions of the Joint Travel Regulations (JTR), applicable to relocation

expenses incurred by civilian Defense Department employees, are similar.  JTR C14000-A

(July 2004).  



     We have held that these regulations do not permit the Government to reimburse

employees for the sale of a home from which the employee was not actually commuting

regularly on a daily basis.  William T. Orders, GSBCA 16095-RELO, 03-2 BCA   32,389;

accord Wayne A. Wetzel, GSBCA 16017-RELO, 03-1 BCA   32,224; William D. Phillips,

GSBCA 15514-RELO, 02-1 BCA   31,697 (2001); Mitchell J. Schutz, GSBCA 15521-

RELO, 01-2 BCA   31,461;  Herman E. Harke, GSBCA 15282-RELO, 00-2 BCA   31,017; 

David Morrell, GSBCA 15229-RELO, 00-1 BCA   30,899.



     It is the claimant's burden to demonstrate that the costs sought are reimbursable.

Paula K. Fowler, GSBCA 15384-RELO, 01-1 BCA   31,281.  Claimant has not met this

burden, as is clear that she did not commute from the home in Arizona on a daily basis.

Rather, she states in a communication to the agency that her husband occupied the home in

Arizona and she occupied "temporary quarters" in California.  



     Claimant also states that she relied to her detriment on her travel orders which

authorized reimbursement for real estate expenses without referencing the regulatory

requirements.  While it is regrettable that claimant was not aware nor advised of the

regulatory requirements, the agency nonetheless lacks the authority to pay these expenses. 

The statute and implementing regulations simply preclude payment of these expenses, even

if claimant received information which led her to believe that the costs were reimbursable.

Amos F. Jones, Jr., GSBCA 16305-RELO, 04-2 BCA   32,677.



                             Decision

     

     The claim is denied.









                                   ___________________________________

                                   ALLAN H. GOODMAN

                                   Board Judge