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                              March 31, 1997
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                             GSBCA 13700-RELO


                     In the Matter of THOMAS H. POTTS


    Thomas H. Potts, Fallon, NV, Claimant.

    Judy Hughes, Defense Finance and Accounting Service, Columbus
Center, Columbus, Ohio, appearing for Department of Defense.

VERGILIO, Board Judge.

    The claimant, Thomas H. Potts, a civilian employee of the
Department of Defense, changed permanent duty stations.  The agency
authorized reimbursement of temporary quarters subsistence expenses
(TQSE) for up to sixty days, but denied the claimant's request for
an extension.  The claimant here contests that determination not to
extend the period for reimbursement.  The submissions reveal no
violation by the agency in denying the request.  The claimant is
not entitled to the reimbursement he seeks.

    As part of a permanent change of station, the agency provided
Mr. Potts travel authorization for reimbursement of TQSE for a
period of sixty days.  Mr. Potts began his initial TQSE period on
September 21, 1993.  He interrupted this period for official
temporary duty (TDY) assignments and leave of an unstated basis. 
It is unclear how the agency reimbursed him in light of the
regulatory requirement that the TQSE period is to run
consecutively, except for travel time (not here relevant),
circumstances attributable to official necessity, or for non-
official necessary interruptions beyond the employee's control and
acceptable to the Department of Defense (DOD) component concerned. 
Joint Travel Regulations (JTR) C13005-A.1.  The initial period
affects both his initial reimbursement and that specifically at
issue here.  Mr. Potts views the initial period as expiring on
December 2, 1993.

    Mr. Potts delayed placing his residence at the old duty
station on the market for sale.  In requesting an extension of the
TQSE period, he informed the agency by letter dated December 3,
1993, that after waiting to learn whether he may be eligible for a
Government program to assist in the sale, he decided to use a
realtor.  The realtor advised to list the home after January 1,
1994.  Mr. Potts so waited to list his house which he sold in May
1994.  He attributes the delay to poor market conditions for house
sales.

    Mr. Potts states that his supervisor and department head
recommended approving the requested extension, as indicated in
memoranda dated December 8, 1993.  On May 11, 1994, with the
signatures of a requesting official, an approving official (a
Comptroller), and an authorizing official (Director, Financial
Management Division), the agency authorized TQSE for a period
totalling 120 days.  In August 1994, and thereafter, the agency,
through a disbursing official, has refused to pay the claim for the
additional TQSE period because the justification for the extension
is "doubtful."

    Consistent with statute, 5 U.S.C.  5724a(a)(3) (1994), the
JTR specify that an employee is not automatically entitled to
reimbursement of temporary quarters subsistence expenses (TQSE) for
any given period.  An agency will authorize reimbursement, for a
period not to exceed sixty days, "only as an expedient and only for
the period of time that occupancy of temporary quarters is actually
necessary.  The administrative determination as to whether the
occupancy of temporary quarters is necessary and the length of time
for occupancy shall be made on an individual-case basis."  JTR
C13004-A.1 (initial period of TQSE allowance).  An extension of the
TQSE period beyond the initial sixty days is also not automatic. 
While the same considerations apply to the determination regarding
an extension, as for the initial TQSE period, in order to authorize
an extension, the agency must determine that there are compelling
reasons for the continued occupancy of temporary quarters, which
are due to circumstances occurring during the initial sixty-day
period and which are beyond the control of the claimant and
acceptable to the Department of Defense component.  Moreover,
"authorization to extend the temporary quarters period and the
number of days authorized will be held to a minimum."  JTR C13004-
A.2 (additional period of temporary quarters).  The regulations
address when the period of TQSE allowance shall be reduced or
avoided and who is to make the determination: "The travel-approving
official of the DOD component concerned will ensure the necessity
and length of time for which TQSEs are authorized and justified." 
JTR C13004-B.

    The claimant has not demonstrated his entitlement to the
requested TQSE extension or that the disbursing official was not
the appropriate "travel-approving official" to make the
determination to reduce or avoid the entire additional period of
sixty days.  The agency is not obligated to extend a TQSE period;
the disbursing official considered and rejected as inadequate the
reasons Mr. Potts asserts in support of the extension.  Moreover,
given that the authorization for the extended period did not occur
until May 1994, the claimant could not have relied on that
authorization for any of his actions and determinations.

    The submissions do not demonstrate any impropriety in the
agency conclusion that the circumstances do not warrant an
extension of the TQSE period beyond the initial sixty days. 
Accordingly, the claimant is not entitled to recover the amount he
seeks.



                                    ____________________________
                                         JOSEPH A. VERGILIO
                                         Board Judge