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                              July 14, 1997
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GSBCA 13821-RELO


In the Matter of MICHAEL L. MARTIN


     Michael L. Martin, c/o Social Security Administration,
Frederick, MD, Claimant.

     J. Patrick O Toole, Director, Division of Travel Management,
Social Security Administration, Baltimore, MD, for Social Security
Administration.

BORWICK, Board Judge.

     Michael L. Martin, claimant, a claims representative with the
Social Security Administration (SSA), seeks reimbursement of
relocation expenses he incurred in the sale of his ex-wife's house. 
The SSA denied the claim and claimant appealed to the General
Accounting Office (GAO).  For the reasons stated below, claimant
is not entitled to reimbursement of the expenses.

     On March 7, 1995, claimant was authorized a permanent change
of duty station (PCS) from Philadelphia, Pennsylvania to Frederick,
Maryland.  His duty reporting date was August 21.  Claimant's PCS
orders assumed that claimant would be reimbursed for sale expenses
of the house at 210 Stanbridge Road, Holmes, Pennsylvania.  On
November 11, 1995, claimant submitted a voucher for $1,649.80,
which represented one-half of the settlement expenses of selling
that house.  The Branch Manager of the Frederick office of the SSA
questioned whether claimant met the residency requirement for
reimbursement.  

     At one time claimant and his spouse were residing at 210
Stanbridge Road.  Well before the transfer, claimant divorced his
spouse and had been living apart from her since their divorce. 
Claimant's payroll records showed his residence to be the Shirely
Court apartments, Upper Darby, Pennsylvania.  Claimant commuted to
work on a daily basis from these apartments.  

     The agency denied claimant's request for reimbursement of
settlement expenses of the house, determining that the house was
not his residence at the time of claimant's relocation to
Frederick, Maryland.  Claimant filed a reclaim voucher, alleging
that from February until July 1995, claimant maintained two
residences, one at 210 Stanbridge Road, and the other at the
Shirely Court apartments.  Claimant also maintained that he was
assured by the Philadelphia regional office staff that full closing
costs would be covered if he accepted a voluntary transfer.

     Under the  the Federal Travel Regulation (FTR), an employee is
entitled to reimbursement of allowable expenses for the sale of one
residence at the employee's old duty station.  41 CFR 302-6.1
(1994).  Residence means the "residence or other quarters from
which the employee regularly commutes from work." 41 CFR 302-
1.4(k), incorporated by 41 CFR 302-6.1(b)).  There is also a time
requirement.  An employee must have occupied the dwelling at the
time the employee is first officially notified by competent
authority of the employee's transfer to the new official station. 
41 CFR 302-6.1(d).  

     Here, at the time of notification of his transfer, claimant
regularly commuted from his apartment complex in Upper Darby,
Pennsylvania.  He was not living in his ex-wife's house.  Claimant
is not entitled to reimbursement of the settlement expenses of the
house at 210 Stanbridge Court, Holmes, Pennsylvania, because that
house was not his residence as defined by the FTR at the time he
was notified of his transfer. 
 
     Claimant says that he was assured by officials is SSA's
Philadelphia office that he would receive full closing costs.  Even
if we construe that statement as superior authority's promise for
the agency to reimburse claimant for the settlement expenses he
incurred in selling the house in Holmes, Pennsylvania, the
Government is not bound by the promise.  That promise cannot bind
the Government to spend money in violation of statute or
regulation.  Kevin S. Foster, GSBCA 13639-RELO, 97-1 BCA  28,688
(1996).


                              __________________________
                              ANTHONY S. BORWICK
                              Board Judge