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                             February 7, 1997
                         ________________________



                             GSBCA 13661-RELO


                     In the Matter of DAVID K. SWANSON


     David K. Swanson, Marquette, MI, Claimant.

     Thomas J. Reese, Acting Director, Financial Management
Division, Natural Resources Conservation Service, Department of
Agriculture, Washington, DC, appearing for Department of
Agriculture.

DeGRAFF, Board Judge.

     On March 12, 1989, David K. Swanson, an employee of the United
States Department of Agriculture (USDA), transferred from Madison,
Wisconsin to Fairbanks, Alaska.  In connection with his transfer,
Mr. Swanson signed a service agreement in which he promised to
complete a three-year tour of duty in Alaska.  Mr. Swanson
completed his three-year tour and then signed another agreement, in
which he agreed to complete an additional two-year tour of duty in
Alaska.  After Mr. Swanson completed his additional two-year tour
of duty, he continued to serve as a USDA employee in Alaska. 
Mr. Swanson resigned from government service in August 1995 and
returned to the continental United States at that time. 

     Mr. Swanson asked USDA whether he was entitled to be
reimbursed for the expenses he incurred in moving from Alaska back
to the continental United States.  When USDA determined that
Mr. Swanson was not entitled to be reimbursed for his moving
expenses, Mr. Swanson asked USDA to forward his claim to the
General Accounting Office (GAO) for review, which USDA did.  

     In their submissions to us, the claimant and the agency focus
upon USDA regulations that governed Mr. Swanson's rights to return,
after his tour of duty in Alaska, to a position equivalent in grade
and pay to the position he held in Alaska.  These regulations
provided that an employee forfeited his return rights if he
extended his tour beyond the additional two-year tour of duty. 
General Manual, 360-PERS, Part 424 (in effect from February 1984,
through December 6, 1993); General Manual, 360-PERS, Part 408,
Subpart A, section 408.2 (in effect after December 6, 1993).  These
regulations do not govern an employee's right to reimbursement for
moving expenses, and so they do not assist us in resolving
Mr. Swanson's claim.

     By statute, an agency may pay certain travel and
transportation expenses, including expenses for transporting
household goods, incurred by an employee who returns from a post of
duty outside the continental United States to the place of his
residence at the time he was assigned to duty outside the
continental United States.  The statute provides that an agency
may pay these expenses "only after the individual has served for a
minimum period of . . . not less than one nor more than 3 years
prescribed in advance by the head of the agency . . . ," unless the
employee is separated for reasons beyond his control which are
acceptable to the agency.  5 U.S.C.  5722(a), (c)(2); 5724(d)
(1994).  The Federal Travel Regulation, at 41 CFR 302-1.5(b)(2)(i)
(1994), implements the statute.  

     Mr. Swanson served a tour of duty outside the continental
United States for longer than the minimum period prescribed by his
agency head.  His right to be reimbursed in accordance with the
statutory provisions accrued when he completed his tours of duty in
accordance with his service agreements.  Therefore, Mr. Swanson is
entitled to be reimbursed for the expenses allowed by 5 U.S.C.
 5722 and 5724(d) (1994).




                                   ____________________________
                                   MARTHA H. DeGRAFF
                                   Board Judge