Board of Contract Appeals
                    General Services Administration
                         Washington, D.C. 20405
 
 
 
                     _____________________________
 
                            October 15, 1998
                     _____________________________
 
 
                            GSBCA 14574-RELO
 
 
                    In the Matter of HUGH D. LINTON
 
 
        Hugh D. Linton, Boise, ID, Claimant.
 
        Charles  N.   Stockwell,  Liaison  Office,   Directorate  of
   Resource  Management,  Defense  Finance and  Accounting  Service,
   Denver, CO, appearing for Department of Defense.
 
   HYATT, Board Judge.
 
        Claimant,  Hugh  D.  Linton,  a  civilian  employee  of  the
   Department of Defense  (DoD), was transferred from  the Pensacola
   Naval Supply  Center to  Homestead Air Force  Base in  Florida in
   March 1992.    At that time he owned a  home in Lillian, Alabama.
   In  connection  with  this transfer,  Mr.  Linton  was authorized
   reimbursement of real  estate transaction expenses.   Although he
   put his house  on the market promptly, it did not sell until June
   1997, by which time, after several more transfers within DoD, Mr.
   Linton lived in Boise, Idaho.  Mr. Linton has requested review of
   DoD's disallowance  of his claim for reimbursement of real estate
   expenses  incurred in the  sale of the home  in Alabama.  Because
   Mr. Linton failed to sell his home within the required time limit
   of applicable regulations, we sustain the agency's denial  of his
   claim.    
 
                               Background
 
        Subsequent to his March 1992 transfer to Homestead Air Force
   Base, Mr. Linton was relocated  to Hill Air Force Base,  Utah, in
   October 1992, and then to  Spangdahelm Air Force Base in Germany,
   in  January 1994.   In  April 1997,  claimant was  transferred to
   Mountain Home Air Force Base in Idaho.  The residence in Lillian,
   Alabama was  listed for sale with a  local realtor in March 1992.
   Mr. Linton states  that the home  was kept ready  to show at  all
   times, that it was his primary residence, and that at the time of
   his transfer to Homestead Air Force Base in south Florida, it had
   not been a rental or investment property.  Although the house was
   actively  marketed  by  the realtor,  it  did  not  readily sell.
   Eventually, the Lintons accepted a  lease with option to purchase
   arrangement, but the  purchase fell  through.   The property  was
   again actively listed  for sale and another lease  with option to
   purchase  was accepted.   This arrangement ultimately  led to the
   sale of the house, but not until June 1997.   
 
        At  the time the house  was sold, Mr.  Linton and his spouse
   had been transferred back to  the United States and were residing
   in Idaho.  Mr. Linton submitted a claim for reimbursement of real
   estate   expenses  to   Maxwell  Air   Force   Base,  which   has
   responsibility  for  the  Lillian,  Alabama,  area.    The  Judge
   Advocate's office at Maxwell Air Force  Base disallowed the claim
   because it  was not timely  filed within the  two-year limitation
   period prescribed  in the  Joint Travel Regulations  (JTR).    In
   addition, the agency  noted that the expenses had been authorized
   incident to the move from  Pensacola to Hill Air Force Base,  and
   could not be considered as  incurred in connection with the moves
   to and from Germany. 
 
                               Discussion
 
        Both the Federal Travel Regulation (FTR) and the JTR provide
   that an agency can reimburse an employee for real estate expenses
   incurred  in connection  with  the  sale of  a  home at  the  old
   official duty station if the settlement date for the sale of that
   residence is  not later than  two years  after the date  that the
   employee  reported for  duty  at  the new  duty  station. If  the
   employee makes a request, the two year time limit may be extended
   for an additional period of time not to exceed  one year.  41 CFR
   302-6.1 (1992); JTR C14000-B.
 
        Neither the Board nor the agency has the authority to permit
   reimbursement of expenses occurred in connection with the sale or
   purchase  of   a  transferred  employee's  home,   regardless  of
   extenuating circumstances, if the employee has failed to meet the
   applicable  time limitation.  Randy Eaton, GSBCA 14260-RELO, 98-1
   BCA    29,524;  Nathaniel  Clark, GSBCA  14194-RELO,  97-2 BCA   
   29,055; Ronald Holmes, GSBCA 13719-RELO,  97-1 BCA   28,879; John
   J.   Cody,  GSBCA   13701-RELO,  97-1   BCA      28,694   (1996).
   Accordingly, the Air Force has properly determined that it has no
   authority to reimburse these expenses.
   ________________________________
 
                                      CATHERINE B. HYATT
                                      Board Judge