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                              March 27, 1997
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                             GSBCA 13697-RELO


                    In the Matter of GIULIANO D'ANDREA


     Giuliano D'Andrea, Clifton Park, NY, Claimant.

     Bobby A. Derrick, Acting Director, Finance and Accounting
Policy Implementation, Defense Finance and Accounting Service,
Indianapolis, IN, appearing for Department of Defense.

HYATT, Board Judge.

     Claimant, Dr. Giuliano D'Andrea, Chief of the Technology
Division of the Department of the Army's Benet Laboratories in
Watervliet, New York, seeks miscellaneous costs incurred in
repairing his home in Clifton Park, New York for reoccupancy after
a four year stint overseas.  The Defense Finance and Accounting
Service (DFAS) has approved some of the costs, but has concluded
that the major expense claimed by Dr. D'Andrea, that of repainting
the interior of his home, was a cost that would have been incurred
in the ordinary course of events regardless of the rental status of
the house. 

                                Background

     In 1991, Dr. D'Andrea, who was then employed at Benet
Laboratories, was selected to serve a two-year overseas appointment
as Science and Technology Advisor for the United States Army
Southern European Task Force in Italy.  Dr. D'Andrea's performance
in this capacity and his contributions to the mission of the task
force were so outstanding that, at the request of the Commanding
General for the task force, his original assignment was extended
twice for an additional two years.  He returned to Benet
Laboratories in September 1995.

     While stationed overseas, Dr. D'Andrea rented out his house in
New York.  For the initial two year assignment, Dr. D'Andrea was
able to interview the tenant personally and enter into a two year
lease.  The tenant left at the expiration of the lease.  When Dr.
D'Andrea's assignment was extended he was unable to attend to
rental arrangements personally and had relied upon a friend to rent
the house for him.  During the third and fourth years of the
overseas assignment, the house was occupied by two different
tenants.  Upon return to his former post in New York, Dr. D'Andrea
discovered that extensive damage had occurred to the house, which
"looked like it had been hit by a tornado."  Dr. D'Andrea has not
been able to determine when the damage occurred or which tenant was
responsible for it.  

     As a result of the damage caused by the tenancies, it was
necessary to have the hardwood floors refinished and the interior
of the entire house painted.  The interior required painting
because of extensive damage to the walls and for hygienic reasons. 
Other major expenses included the replacement of items such as a
large, broken bow window and a broken, inoperable sliding glass
door.  The voucher submitted in support of Dr. D'Andrea's claim for
expenses reflects a charge of $3,130 for painting and a charge of
$405 for removal and reassembly of window treatments and removal,
cutting, fitting and installation of carpet.  No other costs were
claimed.  Dr. D'Andrea maintains that the costs incurred in
returning his permanent residence to a habitable condition were
beyond his control and should be subject to reimbursment as
miscellaneous expenses pursuant to a permanent change of station.

     DFAS considered that the $405 in expenses associated with the
draperies and carpet could be recoverable as a miscellaneous
expense under the Joint Travel Regulations (JTR) but concluded that
interior painting is the type of maintenance and repair cost that
is not reimbursable as a miscellaneous expense associated with the
relocation process.  Since Dr. D'Andrea already had received the
standard $700 miscellaneous expenses allowance, and did not
specifically document other allowable expenses, no further payments
were approved.  Dr. D'Andrea requested that the claim be forwarded
to the General Accounting Office for review.

                                Discussion

     The reimbursement of "necessary and appropriate" miscellaneous
expenses incurred incident to a permanent change of station (PCS)
is authorized under 5 U.S.C.  5724a(b) (1994).  The pertinent
implementing regulations are contained in the Federal Travel
Regulation (FTR) at 41 CFR 302-3 (1995) and the JTR, which is
applicable to civilian employees of the Department of Defense, at
C9000-01.  The minimum allowance for a transferring employee with
an immediate family is $700.  This allowance may be paid with no
requirement for supporting receipts.  To recover additional
amounts, the claim must be for appropriate items and supported by
paid bills or other acceptable documentation for all miscellaneous
expenses incurred.  JTR C9003.

     The purpose of the miscellaneous expense allowance is to help
defray certain expenses associated with discontinuing a residence
at one location and reestablishing a residence at another.  These
costs are generally incurred solely because of the transfer.  Some
of the examples of covered costs set forth in the JTR include the
cost of disconnecting and hooking up appliances, equipment and
utilities; forfeiture losses on medical and dental plans that are
not transferable; automobile registration and driver's license fees
imposed by the new jurisdiction; and utility fees or deposits that
are not offset by eventual refunds.  JTR C9000.  Items which do not
qualify for reimbursement under the miscellaneous allowance expense
provision generally represent expenses brought about by
circumstances, factors, or actions in which the transfer to a new
duty station was not the proximate cause.  Examples of noncovered
expenses relating to the employee's residence are structural
repairs or routine household maintenance items.  JTR C9001.

     Both claimant and DFAS recognize that the expense at issue
here is not specifically addressed by the regulations or the
examples set forth therein.  DFAS, citing GAO decisions holding
that regular or routine maintenance and repair expenditures are not
eligible for reimbursement under this provision, asserts that
painting is such an expense and cannot be reimbursed.  Zera B.
Taylor, 61 Comp. Gen. 136 (1981); Irwin Kaplan, B-190815 (May 27,
1978) (painting of cooperative apartments to restore to saleable
condition not allowable as miscellaneous expense).  Dr. D'Andrea
points out that but for the extensions of his tour overseas, he
would not have incurred the cost of repainting the entire interior
of his home because the initial tenant did not cause the damage. 
Thus, he does not regard the painting as "regular" household
maintenance.  It was an emergency measure necessary to restore the
house to habitable condition.

     Although we recognize that claimant did not expect to have to
incur this expense, we nonetheless must conclude that the relevant
provisions of the FTR and JTR do not contemplate reimbursement of
this type of cost.  The purpose of the allowance is to compensate
for costs that are a direct result of the move, such as the need to
pay another fee for a driver's license, a hookup of utilities, and
the like.  Maintenance and home repair costs are not in this
category, no matter what the reason for incurring them.  Nothing in
the regulations suggests that the Government will act as an insurer
against damages or other contingencies arising out of leasing
arrangements entered into by employees transferred to other
locations.  As such, the regulations do not permit this claim to be
paid.





                                   _____________________________
                                   CATHERINE B. HYATT
                                   Board Judge