Board of Contract Appeals

                    General Services Administration

                         Washington, D.C. 20405

 

                           _________________

 

                             April 28, 2000

                           _________________

 

 

                            GSBCA 15205-RELO

 

 

                      In the Matter of MARK HUMMEL

 

 

        Mark Hummel, Mequon, WI, Claimant.

 

        Linda   Schmidt,   Financial  Assistant,   Forest   Service,

   Milwaukee, WI, appearing for Department of Agriculture.

 

   NEILL, Board Judge.

 

        Claimant, Mr. Mark Hummel, is  an employee of the Department

   of Agriculture.   In October  1999, he  and his wife  undertook a

   househunting trip to his new permanent duty station in Milwaukee,

   Wisconsin.  They made the trip accompanied by their two children.

   In seeking  to be  reimbursed for  the  costs of  this trip,  Mr.

   Hummel  included in  his claim  the costs  of the  children s air

   travel.   This  portion of   his claim  has been rejected  by the

   agency.  Mr. Hummel asks that we review the agency s decision not

   to pay these costs.  For the  reasons stated below, we affirm the

   agency determination.  

 

        Mr. Hummel assures  us that, before taking  his househunting

   trip, he was  aware that the per  diem allowance for such  a trip

   was  limited to two.   Nevertheless, he  states that  he can find

   nothing  in the  information provided  to  him by  the agency  in

   connection with  his transfer which  indicates that  there was  a

   limit  on the number  of airline tickets  for which reimbursement

   would be provided if he elected to undertake a househunting trip.

   He  explains that  circumstances required  that he  and his  wife

   bring their children with them on this trip.   

 

        The agency advises us that  its denial of Mr. Hummel s claim

   is based  upon section 302-4.7  of the Federal  Travel Regulation

   (FTR).  It reads as follows:  

 

        Who may travel on a househunting trip at the Government

        expense? 

 

        Only  you   and/or  your   spouse  may   travel  on   a

        househunting trip at Government expense.

   41 CFR 302-4.7 (1999) (FTR 302-4.7).

 

 

        In the  final analysis,  whether claimant  actually knew  of

   this regulatory restriction is immaterial.  Federal employees are

   charged  with  a  knowledge  of  such  regulations.    Jacqueline

   Williams, GSBCA 15026-RELO,  99-1 BCA   30,528.   Furthermore, it

   is well established that, absent a specific  provision in statute

   or  regulation which might permit it under certain circumstances,

   neither an agency nor  this Board has the authority to  waive the

   applicability  of  FTR  provisions  for  any  individual  federal

   employee who  is subject to  them.  Tanya Cantrell,  GSBCA 15191-

   RELO (Apr. 7, 2000); Michael  J. Kunk, GSBCA 14721-RELO, 99-1 BCA

      30,164  (1998); Defense  Intelligence  Agency Employee,  GSBCA

   14745-RELO, 99-1  BCA    30,117 (1998);  Gordon D. Giffin,  GSBCA

   14425-RELO, 98-2 BCA   30,100;  Murray Lumpkin, GSBCA 14513-RELO,

   98-2  BCA   30,042;   Thomas D. Thompson,  GSBCA 14496-RELO, 98-1

   BCA     29,799;  Kelly  A.  Wells,  GSBCA  14205-TRAV,  98-1  BCA

     29,603;  Thomas T.  Matteson,  GSBCA 14111-RELO,  98-1  BCA    

   29,413 (1997).  Mr. Hummel has indicated no authority, nor are we

   aware of any,  which in circumstances such as  those described in

   his  case would  permit  the agency  or this  Board to  waive the

   regulatory restriction on  who may travel on a  househunting trip

   at Government expense.

    

        Accordingly,    the    agency's     determination    denying

   reimbursement  of the  cost  of  air  travel for  claimant's  two

   children is affirmed. 

 

 

 

   __________________________

                                           EDWIN B. NEILL

                                           Board Judge