Board of Contract Appeals General Services Administration Washington, D.C. 20405 _____________________ December 11, 1997 ______________________ GSBCA 14077-RELO In the Matter of RALPH R. BOKERN, JR. Ralph R. Bokern, Jr., Angier, NC, Claimant. David R. Forbes, Mid-Atlantic Area Counsel, Norfolk Naval Shipyard, Department of the Navy, Portsmouth, VA, appearing for Department of the Navy. PARKER, Board Judge. Ralph R. Bokern, Jr., an employee of the Department of the Navy, was transferred from Charleston, South Carolina to Fort Bragg, North Carolina. He reported for duty at Fort Bragg on May 2, 1994. Prior to the transfer, Mr. Bokern was advised in writing that he would be reimbursed certain expenses incurred in purchasing a home at the new duty station if he settled on his new home within two years of the time he reported for duty, or within three years of that time if he were granted an extension. Mr. Bokern, whose family had stayed in Charleston so that his wife could finish college, did not purchase a home at his new duty station within the two-year period. After several attempts to contact the appropriate personnel, Mr. Bokern requested an extension of the two-year period on June 17, 1996 -- two years and forty-six days after he reported for duty at Fort Bragg. According to Mr. Bokern, he asked for the extension shortly after learning of the reimbursement program. The Navy denied the request for extension as untimely. According to the Navy, the Joint Travel Regulations (JTR) require that a request for extension of the two-year period be made no later than thirty days after the two-year period expires, unless the thirty-day period has been extended by the commanding officer based upon extenuating circumstances. The commanding officer did not find that such extenuating circumstances existed in this case. Discussion As the Navy points out, Section C14000-B of the JTR provides as follows: Time Limitations on Residence or Lease Termination Transactions. Except as provided herein, the settlement dates for the sale and purchase or lease termination transactions for which reimbursement is requested must not be later than 2 years after the date that the employee reported for duty at the new PDS [permanent duty station]. . . . The 2-year period begins with the day following the date the employee reports for duty and ends on the second anniversary of the reporting date. . . . Upon an employee's written request, the 2-year time limitation for completion of the sale and purchase or lease termination transactions may be extended by the commanding officer of the activity bearing the cost, or his/her designee for an additional period of time not to exceed 1 year. The employee's written request should be submitted to the appropriate authority as soon as the employee becomes aware of the need for an extension but before expiration of the 2-year limitation; however, in no case will the request be submitted later than 30 calendar days after the expiration date unless this 30-day period is specifically extended by the commanding officer of the activity bearing the cost. Approval of the additional period of time will be based on a determination that extenuating circumstances, acceptable to the commanding officer of the activity concerned . . . have previously prevented the employee from completing the sale and purchase or lease termination transactions in the initial time- frame and that the residence transactions are reasonably related to the PCS. Mr. Bokern did not request an extension of time for purchasing a new residence during the prescribed period for requesting such extensions. The record shows that the primary reason for Mr. Bokern's failure to request an extension in a timely fashion was that he was unaware of the benefits to which he was entitled. Although this is unfortunate, given the fact that the Navy had advised Mr. Bokern in writing as to these benefits, the ultimate responsibility for the untimely request must fall on Mr. Bokern. We are also sympathetic to Mr. Bokern's plight in attempting to find the right person to whom to direct the request for an extension. That said, however, we are unable to say that the Navy abused its discretion in determining that no "extenuating circumstances acceptable to the commanding officer . . . have previously prevented the employee from completing the sale and purchase . . . transactions in the initial time-frame." JTR C14000-2. Decision The claim is denied. ____________________ ROBERT W. PARKER Board Judge