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                             February 11, 1997
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                             GSBCA 13936-RELO


                     In the Matter of MICHAEL L. ROMAN


    Michael L. Roman, Chesapeake, VA, Claimant.

    J.A. Hughes, Chief, Travel Policy Branch, Defense Finance and
Accounting Service, Columbus, OH, appearing for the Department of
Defense.

VERGILIO, Board Judge.

    The claimant, Mr. Michael L. Roman, a Department of Defense
civilian employee, seeks to recover real estate expenses associated
with the purchase of a residence at a new duty station.  Applicable
regulation permits recovery of appropriate purchase expenses only
after the signing of a "transportation agreement."  He incurred the
expenses prior to his signing the agreement.  The claimant lacks a
basis to recover his expenses.

    Mr. Roman had a permanent duty station at Mare Island Naval
Shipyard, California.  This shipyard was to be closed under Base
Realignment and Closure (BRAC).  In September 1994, Mr. Roman began
temporary duty status elsewhere.  In November 1995, Mr. Roman
learned that the agency was in the process of creating a permanent
position at Norfolk, Virginia, a position for which the agency
would encourage him to apply as a priority placement program (PPP)
enrollee from the closing shipyard.  In February 1996, prior to the
creation of a permanent position, Mr. Roman purchased a residence
nearby to Norfolk, thereby incurring the costs for which he seeks
reimbursement.  On March 21, 1996, Mr. Roman was notified of his
impending transfer and the permanent change of station to Norfolk. 
On March 22, 1996, Mr. Roman signed his transportation agreement. 
On April 1, 1996, his permanent change of station became effective
and his temporary duty status ceased.

    With this claim, Mr. Roman seeks reimbursement of $3,758.70,
which he characterizes as "real estate expenses" and "expenses
incurred upon purchase of residence," and for which he provides
further detail.  Mr. Roman contends that Government personnel
assured him that he would be reimbursed these expenses, before he
incurred them, even though the purchase was made prior to his
permanent change of station.

    In setting forth the conditions for reimbursement, the Joint
Travel Regulations (JTR) specify that an employee is entitled to
reimbursement for expenses required to be paid by him in connection
with the purchase of a residence at the employee's new duty station
after he has signed the required transportation agreement and
provided, among other conditions, that a permanent change of
station is authorized or approved.  JTR C14000.A.  The regulations
expressly address the situation of the sale of a residence in
anticipation of transfer, and permit reimbursement in certain
circumstances.  JTR C14000.D.  The regulations contain no
provision for a purchase in anticipation of a permanent change of
station.  Given the explicit conditions for recovery and the lack
of any "in anticipation" rule, the inescapable interpretation is
that the reimbursement of costs associated with a purchase prior to
the signing of the transportation agreement for a permanent change
of station is not allowed.

    Mr. Roman may not recover the amount claimed.



                                    ____________________________
                                         JOSEPH A. VERGILIO
                                         Board Judge