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                           June 3, 1997
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                         GSBCA 13725-RELO


              In the Matter of GEORGE R. SEWERYNIAK


    George R. Seweryniak, Germantown, MD, Claimant.

    Bob Goodfellow, Department of Energy, appearing for Department
of Energy.

VERGILIO, Board Judge.

    The Department of Energy authorized its employee, the
claimant, Mr. George R. Seweryniak, a permanent change of official
duty station from Falls Church, Virginia, to Germantown, Maryland. 
Although the agency initially authorized temporary quarters
subsistence expense (TQSE), it has determined that reimbursement is
prohibited under regulation, because the difference in distances
from the old residence to each of the old and new duty stations is
not greater than forty miles.  The submissions demonstrate that the
relevant difference in distances is less than forty miles;
therefore, the requested TQSE reimbursement is prohibited.

    With an exception not here relevant, the Federal Travel
Regulation (FTR) prohibits reimbursement of TQSE when the distance
between the old residence and new official station is not more than
forty miles greater than the distance between the old residence and
the old official station.  Moreover, "All measurements shall be
made according to map distance along a usually traveled route."  41
CFR 302-5.2(h) (1996).

    In originally seeking reimbursement, Mr. Seweryniak stated
that the distance between his old residence and old official duty
station is .8 miles.  He provided a map, routes, and mileages for
travel between his old residence and new duty station; one route is
said to cover 48.3 miles; the other route is said to cover 43.6
miles.  The claimant drove the two routes, the longer being the one
he normally drove to avoid what he describes as major construction. 
The distances he provided for his two routes do not fully coincide
with one another and the map (albeit a map submitted without a
legend indicating scale).  If one assumes the correctness of the
miles he attributes to various portions of his trip, the map is not
to scale and traveling over the same route in two different
directions produces unexplained variances.

    The agency disallowed the request for TQSE reimbursement, with
the following explanation: "mileage readings provided are by
circuitous routings and are unacceptable to meet the mileage
criteria to qualify for temporary quarters on a short distance
move."  The agency did not indicate a route it considered to be
acceptable, or the distances it concluded separated the old
residence from the old and new work locations.  In short, the
agency failed to make an affirmative determination that the
relevant difference in distances is forty or fewer miles; it is
that determination which would support non-payment, with
reimbursement prohibited under regulation.

    By a supplemental submission, the agency has provided maps and
distances for relevant routes.  Its submission indicates that the
relevant difference of distances is less than forty miles.

    By a supplemental submission, which includes maps with a
legend and a highlighted route, the claimant asserts that the total
map distance from his old residence to his new duty station is 46.4
miles.  However, his conversion of map inches to mileage is
inaccurate.  He calculates his route as covering 13.75 map inches
at the map scale distance of .3375 inches per mile.  The correct
conversion results in a distance of 40.74 miles.  Thus, the
difference in distances (40.74 less .8) is less than 40 miles. 
Moreover, his determination of map inches is exaggerated as it is
not supported by the maps provided (even considering  variances
from photocopying).  The actual distance of his route between his
residence at the old duty station and his new duty station is less
than 37 map miles.

    The claimant has failed to establish that the relevant
difference in distances is greater than forty miles.  Therefore,
the regulatory prohibition is applicable.  The claimant is not
entitled to reimbursement.


                                    ____________________________
                                    JOSEPH A. VERGILIO
                                    Board Judge