November 27, 1996
                                             


                         GSBCA 13707-RELO


                In the Matter of THOMAS D. STEELE


     Thomas D. Steele, Mt. Airy, MD, Claimant.

     Dave Petak, Director, Division of Accounting, Food and Drug
Administration, appearing for the Department of Health and Human
Services.

GOODMAN, Board Judge.

     Mr. Thomas D. Steele, an employee of the Food and Drug
Administration (FDA), has requested a General Accounting Office
(GAO) review of his claim for reimbursement for the cost of one
night's lodging while traveling from Massachusetts to Maryland in
conjunction with a first duty permanent change of station. 

     Mr. Steele traveled with his wife and three children from
Acton, Massachusetts to his new duty station, Mount Airy, Maryland.

He was authorized to travel in two privately-owned vehicles.  The
household goods were packed on Monday, October 9, 1995, and loaded
onto the moving van on October 10.  The family spent that night
with other family members in Haverhill, Massachusetts,
approximately forty-five miles away.  On Wednesday, October 11, the
Steeles departed Haverhill and drove to Mount Airy.  The distance
from Acton to Mount Airy is 482 miles.  The Steeles arrived in
Mount Airy at approximately 8:00 p.m.  The moving van with their
household goods was not scheduled to arrive until 9:00 a.m. the
next morning.  The Steeles therefore stayed in a hotel in
Frederick, Maryland, approximately fifteen miles from Mount Airy,
and completed their travel to their home the next morning when the
moving van arrived.  Mr. Steele requested reimbursement in the
amount of $40 for lodging, which was authorized on his travel
orders.

     The FDA has denied the request for lodging expenses on the
basis that Mr. Steele's arrival in Frederick, Maryland constituted
arrival at his permanent duty station immediately following en
route travel in conjunction with a first duty permanent change of
station.  FDA interprets applicable regulations as stating that an
en route per diem ends when the employee arrives at the duty
station, there is no requirement to reimburse lodgings within the
duty station, and under first duty permanent change of station
entitlement, there is no temporary quarters subsistence allowance
to accommodate the lodgings Mr. Steele is requesting.

     Mr. Steele responds that the cost of the lodging was a
legitimate moving expense authorized on his travel orders, and
necessitated because he could not move into his house until the
moving van arrived the next day. 

     The applicable regulation, 41 CFR 302-2.3, provides that a per
diem allowance shall be paid to an employee "while in route between
the old and new duty stations."  The regulation also provides that 
"per diem allowances should be paid on the basis of the actual time
used to complete the trip."  Pursuant to this regulation, Mr.
Steele is entitled to reimbursement for lodging as he has claimed. 
His travel orders authorized payment of $40 for lodging,
comtemplating that the trip from Massachusetts to Maryland would
require an overnight stay, which occurred on the night of October
11, 1995.  Mr. Steele did not arrive at his permanent duty station
that evening, as FDA contends, but remained en route until 9:00
a.m. October 12, 1995, when he met the moving van at his home.  The
lodging cost was incurred before Mr. Steele completed the trip and,
according to the above regulation, the per diem should be paid
while in route and based upon the actual time used to complete the
trip.




                              ______________________
                              ALLAN H. GOODMAN
                              Board Judge