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                             February 20, 1997
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                             GSBCA 13715-RELO


                      In the Matter of JOHN R. MASSEY


    John R. Massey, Indianapolis, IN, Claimant.

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

VERGILIO, Board Judge.

    The claimant, Mr. John R. Massey, a Department of Defense
civilian employee during the relevant period of time, seeks to
recover $2,100 per month as his actual expense for renting rooms,
as opposed to the $1,000 per month permitted by the agency as
reasonable, for temporary quarters.  Mr. Massey, who established
his rental rate at a private home based on prices at commercial
facilities, has not demonstrated entitlement to additional money
under applicable regulations.

    Mr. Massey changed official duty stations, from Korea to
Indiana, with a reporting date of January 22, 1996.  The agency
authorized temporary quarters subsistence expenses (TQSE) for Mr.
Massey and two dependents (a wife and a step-son).

    At his new location, Mr. Massey secured rooms at a private
residence, from individuals who had not previously rented rooms. 
The owners initially intended to rent each of two rooms for $500
per month per person.  Mr. Massey paid $2,100 as the thirty day
rate for the two rooms for the family.  Mr. Massey explains how
this rate was agreed upon: "I established a rental rate of $70.00
per day, because it coincided with what we would have had to pay if
we stayed in a comparable same situation on the commercial market,
if one was available to enable me to get to work without great
expense and inconvenience and more than usual discomfort and stress
with moving and other circumstances associated with a PCS
[permanent change of station] move."

    A claimant is not automatically entitled to recover the
maximum allowances and available commercial rates.  The applicable
regulations, the Joint Travel Regulations (JTR), dictate a general
rule for reimbursement of temporary quarters expenses:
"Reimbursement will be limited to actual expenses incurred, not to
exceed the maximum authorized, providing expenses are directly
related to occupancy of temporary quarters, are reasonable as to
amount, and can be substantiated."  JTR C13000.  Determinations by
the Comptroller General provide guidance as to what constitutes
"reasonable as to amount."  E.g., Andres Tobar, B-209109 (Dec. 15,
1982); Constance A. Hackathorn, B-205579 (June 21, 1982). 
Particularly when considering rates charged by a private
establishment, the reasonableness of the rate charged may be
supported by evidence such as an established price for which the
owner customarily rents the rooms or demonstrating that the rates
were established in a purely business arrangement.

    The information supplied demonstrates that the agreed upon
thirty-day rate of $2,100 was reached at Mr. Massey's request in
reliance on his understanding of commercial rates.  Although Mr.
Massey has referenced family circumstances which support his
determination to live in the temporary quarters he chose, the
circumstances are unrelated to the established rate.  Nothing in
the information submitted suggests that Mr. Massey could not have
acquired the accommodations for $1,000 per thirty-day period;
rather, it appears that the owners were willing to rent the
accommodations for $1,000 per month, the amount the agency has
reimbursed Mr. Massey.  His offer of $2,100 to the owners may have
been generous, but in no way compels the Government to reimburse
the additional amount.

    The claimant may not recover the amount sought.



                                    ____________________________
                                         JOSEPH A. VERGILIO
                                         Board Judge