Board of Contract Appeals

                 General Services Administration

                      Washington, D.C. 20405

               



                       ____________________



                          July 5, 2002 

                       ____________________





                         GSBCA 15801-RELO





                 In the Matter of SYLVIA DE LUNA





     Sylvia De Luna, Warner Robins Air Force Base, GA, Claimant.



     Julie A. Jiru and Sara Achinger, Civil Law Division, Office of the Staff Judge

Advocate, Brooks Air Force Base, TX, appearing for Department of the Air Force.



GOODMAN, Board Judge.



     Claimant, Sylvia De Luna, is a civilian employee of the Air Force.  She has requested

this Board review the agency's denial of reimbursement for certain costs associated with the

sale of her home in San Antonio, Texas, when she accomplished a permanent change of

station move. 



                       Factual Background



     On December 15, 2000, claimant sold her residence at her old duty station and

thereafter submitted a claim of $4061 for reimbursement of expenses incurred in selling her

home.  The agency approved her claim in the amount of $3430, denying reimbursement for

$631 paid by claimant as seller for owner's title insurance.



     The Air Force denied Ms. De Luna's $631 claim for reimbursement for owner's title

insurance because her supporting documentation did not indicate that the owner's title

insurance was a required prerequisite to financing or transfer, nor did it show that the cost

of the policy is inseparable from the cost of other insurance required as a prerequisite to the

financing or transfer of the property.  Ms. De Luna claims that the Air Force materials she

received stated that she would be reimbursed for her payment of owner's title insurance.



                            Discussion



     The Joint Travel Regulations (JTR) provide that a federal employee may be

reimbursed for a portion of the real estate expenses incurred in selling a home if the

employee is transferred in the interest of the Government, and the expenses are attributable

to the transfer. 



     In assessing whether expenditures for the owner's title insurance policy are

reimbursable, the JTR requires that the insurance policy be a required prerequisite to

financing or transfer of the property.  Owner's title insurance may also be reimbursable to the

seller if its cost is inseparable from the cost of other insurance that is a prerequisite to the

financing or transfer of the property and if it is customarily paid by the seller.  JTR C14002-

A4a(9). 



     Ms. De Luna has submitted nothing to indicate that she falls within the  parameters

set forth by the JTR.  Since it is the claimant's burden to show that costs are reimbursable,

Paula K. Fowler, GSBCA 15384-RELO, 01-1 BCA   31,281, we conclude that the agency

properly disallowed these costs.



                           Decision 



     The claim is denied.







                              ____________________________

                              ALLAN H. GOODMAN

                              Board Judge