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                              April 17, 1997
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                             GSBCA 14045-RELO


                    In the Matter of KENNETH H. HULICK


    Kenneth H. Hulick, Tucson, AZ, Claimant.

    Vincent Mullally, Staff Accountant, Accounting Operations
Center, National Park Service, Reston, VA, appearing for Department
of the Interior.

VERGILIO, Board Judge.

    The agency seeks a determination regarding the reimbursement
of real estate expenses incurred by the claimant, Mr. Kenneth H.
Hulick, in the sale of his residence in North Carolina.  Twice, Mr.
Hulick changed permanent duty stations.  Under the first transfer,
the agency did not authorize reimbursement of real estate expenses. 
Under the second transfer, he failed to complete twelve months of
Government service.  Mr. Hulick is not entitled to reimbursement.

    The travel authorization for an initial change of duty
stations from North Carolina to Panama City, Panama, did not
authorize reimbursement of real estate expenses for the sale of a
residence.  Moreover, the sale of the residence occurred more than
two years after the date Mr. Hulick reported for duty in Panama. 
No entitlement to reimbursement exists pursuant to that transfer. 
41 CFR 302-6.1(e) (1996).

    Having returned from Panama to a temporary assignment in
Arizona, Mr. Hulick received a permanent change of duty station to
Arizona from North Carolina, his last official duty station in the
continental United States.  The authorization permits reimbursement
of incurred real estate expenses.  However, in accordance with
statute, 5 U.S.C.  5724(i) (1994), and regulation, 41 CFR 302-1.5,
Mr. Hulick signed an employee relocation allowances agreement.  The
agreement specifies:

    In the event that I fail to remain in the Federal
    Government Service for a period of 12 months following
    the effective date of my transfer, unless separated for
    reasons beyond my control and acceptable to the Agency
    (includes Bureau or Office) concerned, any monies
    expended by the Federal Government on account of such
    travel and transportation and other allowances pursuant
    to the above cited authority shall be recoverable from me
    as a debt due the United States.

    The official retirement date for Mr. Hulick was November 12,
1994, less than five months following the effective date of his
transfer.  Mr. Hulick retired under the buy-out program. 
Thereafter, he sold his residence in North Carolina.  He seeks to
recover real estate expenses incurred in that sale.

    Mr. Hulick did not remain in Government service for twelve
months after his transfer; the reasons for separation were not
beyond his control.  Having voluntarily retired prior to completing
twelve months of Government service after his transfer to Arizona,
Mr. Hulick did not satisfy a condition to reimbursement for the
claimed expenses.  Hence, he is not entitled to reimbursement.



                                    ____________________________
                                         JOSEPH A. VERGILIO
                                         Board Judge