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                               May 22, 1997
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                             GSBCA 14139-RELO


                      In the Matter of JULIE K. WELCH


    Julie K. Welch, Sheridan, IL, Claimant.

    Pamela D. Curington, External Relations Branch, Federal
Aviation Administration, Washington, DC, appearing for Department
of Transportation.

VERGILIO, Board Judge.

    The claimant, Ms. Julie K. Welch, changed permanent duty
stations.  She seeks reimbursement of temporary quarters
subsistence expense (TQSE).  The agency disallowed reimbursement of
TQSE because she had not begun her TQSE period within thirty days
of reporting to her new duty station.  This determination is
consistent with regulation and existing precedent.  The claimant
has not demonstrated entitlement to relief.

    Ms. Welch changed permanent duty stations.  The agency signed
a travel authorization permitting reimbursement of TQSE for a
period not to exceed sixty days.  Ms. Welch reported to her new
duty station on March 18, 1996.  She commuted between her residence
at the old duty station and her new duty station until she sold her
residence on October 25, 1996.  On November 1, 1996, she obtained
temporary quarters at the new station, which she occupied for the
remainder of her claimed TQSE period.  She submitted reimbursement
requests for the first thirty-day period (November 1-30) and for a
second period of twenty-six days (December 1-26).  The agency
denied reimbursement because it determined that Ms. Welch had not
begun her claimed TQSE period within the period dictated by
regulation.

    The Federal Travel Regulation (FTR) dictates when the use of
temporary quarters must begin in order to be eligible for
reimbursement:

    In order to be eligible for the temporary quarters
    allowance, the period of use of such quarters for which
    a claim for reimbursement is made must begin not later
    than 30 days from the date the employee reported for duty
    at his/her new official station, or if not begun during
    this period, not later than 30 days from the date the
    family vacates the residence at the old official station,
    but not beyond the maximum time for beginning allowable
    travel and transportation.

41 CFR 302-5.2(e) (1996).

    Although the term "family" is not defined in the FTR,
dictionary definitions refer to a group, a term defined to consist
of two or more elements.  Given this commonly understood meaning of
the word "family," as an individual Ms. Welch does not constitute
a family.  Further, an employee is not included within the phrase
"immediate family," defined in the FTR, 41 CFR 302-1.4(f). 
Accordingly, the second prong of the provision, which relies on the
family vacating the residence as the triggering action, is not
available to her under the regulation.  This reading is consistent
with a decision by the General Accounting Office, Corliss Neuber,
B-247380 (Sept. 20, 1994)--the decision has not prompted the
drafters of the FTR to alter the language at issue.

    With over seven months elapsing from the start of work at the
new duty station to the start of use of temporary quarters, the
agency's determination to disallow reimbursement of TQSE is
consistent with the policy announced in the FTR: "As a general
policy, the period for temporary quarters shall be reduced or
avoided if . . . as a result of extended temporary duty at the new
official station or other circumstances (for example, if the family
does not move until some time after the employee's transfer), the
employee has had adequate opportunity to complete arrangements for
permanent quarters."  41 CFR 302-5.1.  Thus, the claimant has
failed to demonstrate entitlement to reimbursement under her
proffered reading of the term "family."

    The claimant maintains that the regulation, as interpreted,
discriminates against an individual employee who lacks a family, as
it permits a far shorter time to begin occupying temporary
quarters.  However, the claimant has not demonstrated that the
regulation is inconsistent with or contrary to statute, 5 U.S.C.
 5724a (1994).  Moreover, as noted above, the drafters of the
Federal Travel Regulation have not altered the language to read as
the claimant desires.  The accepted, existing reading dictates that
an employee without a family must begin occupying temporary
quarters with thirty days of reporting for duty at the new official
station.  The Board lacks a basis to impose a different
interpretation.

    The claimant has not demonstrated entitlement to
reimbursement.

                                    ____________________________
                                    JOSEPH A. VERGILIO
                                    Board Judge