________________________________________ January 23, 1997 ________________________________________ GSBCA 13840-RELO In the Matter of JIMMY L. BETTS Jimmy L. Betts, Jacksonville, FL, Claimant. Douglas M. Battle, Chief, Travel Division, Defense Finance and Accounting Service, Columbus, OH, appearing for the Department of Defense. BORWICK, Board Judge. Mr. Jimmy L. Betts, claimant, is a civilian employee of the Department of the Navy. Effective December 16, 1990, claimant permanently changed station from Charleston Naval Shipyard, South Carolina to the Trident Refit Facility, Kings Bay, Georgia. His travel orders authorized sixty days of temporary quarters subsistence expense (TQSE) allowance. Claimant entered temporary quarters on January 20, 1991. On January 22, 1991, the shipyard production superintendent requested approval of an additional sixty days of TQSE allowance for claimant because "house is being built." On January 25, 1991, the administrative services division approved the request for an additional TQSE allowance. Construction of claimant's home was not completed until December 10, 1993. The agency's disbursing officer, upon further review, disallowed the extension of the sixty day period. The disbursing officer concluded that claimant had not met the requirement of the regulation because there was no short delay in construction of claimant's house arising from circumstances that occurred during the original sixty day period of TQSE occupancy. Claimant appealed the disallowance to the General Accounting Office (GAO). In settlement certificate Z-2869713 (March 1, 1996), GAO disallowed the claim, in part because claimant had not established that delays beyond claimant's control had arisen during the original TQSE period. The Joint Travel Regulations (JTR) in effect at the relevant time provided that extensions to the TQSE period may be authorized due to circumstances "which have occurred during the initial sixty day period of temporary quarters occupancy," and which were beyond the employee's control and acceptable to the Department of Defense (DOD) component concerned, such as a "short term delay in construction of a new residence." JTR 13004-1b (1990). In order for an employee to receive an extension of the TQSE allowance period under the analogous Federal Travel Regulation, the events over which claimant has no control must have arisen during the initial sixty day period and prevented him from occupying permanent quarters during that time. Daniel G. Colley, B-254120 (Dec. 14, 1993) (agency did not abuse discretion in denying claim for an extension of TQSE period for bad weather when house not scheduled for settlement until after the end of the original period). Here, the agency concluded that the circumstances causing delay to claimant did not arise during the original period for TQSE allowance. Claimant has not demonstrated that the agency's conclusion was incorrect. The early request for a second sixty-day period of TQSE allowance, together with the relatively late completion date of December 10, 1993, of claimant's house, support the agency's conclusion that claimant had not met the regulatory requirements for extension of the TQSE allowance period. Claimant has not provided contrary evidence and we will not, therefore, disturb the agency's determination. _________________________ ANTHONY S. BORWICK Board Judge