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                              July 14, 1997
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GSBCA 14142-RELO


In the Matter of DAVID K. GOLDBLUM


     David K. Goldblum, Baltimore, MD, Claimant.

     James D. Klutz, Real Estate Division, Corps of Engineers,
Department of the Army, Fort Worth, TX, appearing for Department of
Defense.

BORWICK, Board Judge.

     David K. Goldblum is a civilian engineer with the United
States Army Corps of Engineers.  He seeks $3,510.62 in relocation
expenses the agency had denied him.  For the following reasons, we
determine that claimant is not entitled to reimbursement.  

     On June 28, 1995, the agency issued permanent change of
station (PCS) orders for claimant s transfer from San Antonio,
Texas to Baltimore, Maryland and authorized reimbursement of
claimant s real estate expenses.  Claimant sold his house in San
Antonio.  The settlement sheet shows a sale price of $99,636.78 and
a broker's commission of $2,989.10, which was three percent of the
selling price.  Claimant's house listed for $104,990.

     Claimant says that instead of the usual six percent
commission, he sold his house to a real estate agent at a reduced
price.  Claimant argues that he is actually entitled to
reimbursement of total real estate commissions consisting of an
additional three percent of his listing price ($3,149.70) and an
additional $363.22 for a variance due to relative length of the
closing period.  The total amount sought was $6,804.52.  The 
agency reduced his claim by a total of $3,149.70 for the "broker's
fee not charged to him" on the ground that claimant only paid a
broker's commission of $2,989.10.  It also denied the $363.22 as
unallowable market loss expense.     

     The Federal Travel Regulation provides that an employee shall
be reimbursed for expenses "actually incurred and paid by the
employee."  41 CFR 302-6.1(f) (1994).  The Joint Travel Regulations
are to the same effect.  JTR C14000-F.1.  Thus an employee who
sells his or her house to a real estate agent or a broker at a
reduced price (and reduced commission) cannot claim reimbursement
to the broker's commission that might have been owed had the price
not been reduced.  Harlan C. Thiel, GSBCA 13688-RELO, 97-1 BCA
 28,710 (1996).  Claimant is not entitled to $3,149.70 for the
broker's commission he did not pay.  Claimant did not appeal the
agency's disallowance of the $363.22 and we therefore do not
consider it.   



                              ________________________ 
                              ANTHONY S. BORWICK
                              Board Judge