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                              April 18, 1997
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                             GSBCA 13825-RELO


                      In the Matter of THOMAS S. WARD


     Thomas S. Ward, Urbana, IL, Claimant.

     Clarence Austin, Regional Administrative Officer, Natural
Resources Conservation Service, Department of Agriculture, Madison,
WI, appearing for Department of Agriculture.

HYATT, Board Judge.

     Claimant, Thomas S. Ward, an agroforester employed by the
United States Department of Agriculture (USDA), seeks reimbursement
of the cost of a rental car used for local transportation during
occupancy of temporary quarters under a permanent change of duty
station from Anchorage, Alaska to Champaign, Illinois.  USDA has
denied Mr. Ward's claim on the ground that reimbursement of such
costs is not authorized under the Federal Travel Regulation (FTR). 
In forwarding the claim on behalf of Mr. Ward, USDA has inquired
whether any authority might exist which would allow for payment.  

     Mr. Ward was transferred from Anchorage to Champaign effective
January 21, 1996.  His household goods were transported under the
actual expense method.  Mr. Ward determined that it would not be
practicable to drive his automobile from Alaska to Illinois.  Thus,
a Government bill of lading (GBL) was also issued to cover the
transportation and storage in transit of Mr. Ward's privately owned
vehicle.  

     Mr. Ward and his family occupied temporary quarters in
Champaign, Illinois from January 18, 1996 until February 16, 1996. 
During that period, Mr. Ward rented a car to provide local
transportation for himself and his family.  On February 16, the
Wards moved to permanent quarters and their household goods and
automobile were delivered on that date.  

     Mr. Ward submitted a voucher for reimbursement of $720, the
cost of the rental car for the period in which he occupied
temporary quarters with his family.  He points out that because his
personal vehicle was shipped from Alaska and did not arrive until
February 16, the rental car was necessary for his family to obtain
meals, attend to laundry, and the like.  Use of a government
vehicle could have provided transportation for him, but not his
family members.

     Reimbursement of relocation expenses of transferred employees
is authorized by 5 U.S.C.  5724a (1994).  This provision permits
the payment of subsistence expenses of the employee and his or her
immediate family while occupying temporary quarters.  The Federal
Travel Regulation (FTR), which implements this statutory provision,
however, specifically states that "[e]xpenses of local
transportation incurred for any purpose during occupancy of
temporary quarters shall not be allowed."  41 CFR 302-5.4(a)
(1996).

     This provision has been held by the Comptroller General to bar
payment of rental car expenses under circumstances similar to those
in this case.  John G. Shirley, B-234861 (July 11, 1989).  In this
case, the employee was transferred from South Carolina to Hawaii. 
His privately owned automobile was shipped to Hawaii at government
expense.  While awaiting the arrival of his car at the new duty
station in Hawaii, Mr. Shirley rented a car.  Even though his
relocation authorization permitted use of a rental vehicle, the
claim was disallowed on the basis of the plain language of the FTR. 
Accord Kenneth A. Cucullu, B-236570 (Apr. 13, 1990) (payment of
erroneously authorized rental car expenses not permitted by FTR,
but repayment of travel advance waived because of employee's good
faith reliance on travel orders).
  
     In this case, the relocation authorization did not provide for
the use of a rental car during the period when the Wards' car was
in transit.  Even had it done so, at most the use of a rental car
could be allowed only for official government business, Joseph P.
Crowley, B-186115 (Feb. 4, 1977), not for the personal needs of
family members.

     Accordingly, there is no authority under the FTR to permit
reimbursement of the cost of the rental car.  






                                        __________________________
                                        CATHERINE B. HYATT
                                        Board Judge