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                            February 6, 1998
                            ________________
 
 
                            GSBCA 14198-RELO
 
 
                   In the Matter of MARK W. MUIRHEID
 
 
        Mark W. Muirheid, Casa Grande, AZ, Claimant.
 
        Judy Hughes, Travel  Policy, Defense Finance  and Accounting
   Service, Columbus Center, Columbus, OH,  appearing for Department
   of Defense.
 
   PARKER, Board Judge.
 
        Mr.  Mark Muirheid,  an employee  of  the Defense  Logistics
   Agency, was transferred from  Las Cruces, New Mexico to  Phoenix,
   Arizona  on  September 27,  1993.    After receiving  a  one-year
   extension of the two-year  period provided in the  Federal Travel
   Regulation (FTR)  for  reimbursement of  real  estate  settlement
   expenses, Mr. Muirheid  had until September 27, 1996  to sell his
   home.    On September  26,  1996,  Mr.  Muirheid entered  into  a
   contract  for the  sale  of  his home.    Settlement occurred  on
   November 16.
 
        Mr. Muirheid  has asked the Board to review the disallowance
   of  his claim  for reimbursement  of the  real estate  settlement
   expenses he  incurred in  connection with the  sale of  his home.
   The agency  denied  the  claim  because settlement  on  the  home
   occurred after the  three-year period had expired.   Mr. Muirheid
   argues that he is entitled to  be reimbursed because his home was
   "sold"  on September  26, 1996,  the date  that the  contract was
   entered into.
 
        The  authority  to  reimburse  a  transferred  employee  for
   expenses incurred in connection with the sale or purchase of real
   estate is  contained in 5  U.S.C.    5724a (1994).   Section 302-
   6.1(e)  of the  FTR,  which implements  this statute,  states the
   following requirement:
 
             The  settlement   dates  for  the   sale  and
             purchase  .   .  .  transactions   for  which
             reimbursement is requested are not later than
             2  years after  the  date  that the  employee
 
             reported  for   duty  at  the   new  official
             station. .  .  . Upon  an employee's  written
             request,  the  2-year   time  limitation  for
             completion of the sale and purchase . . . may
             be  extended by  the head  of  the agency  or
             his/her designee for an additional period  of
             time not to exceed 1 year.
 
   41 CFR 302-6.1(e) (1996); see also Joint Travel Regulations (JTR)
   C14000-B.  As the regulation  states, the date of settlement, and
   not the  date the  contract was  signed, determines  eligibility.
   See  Lazaro R. Torres, GSBCA 13967-RELO  (Nov. 10, 1997); Michael
   B. Holtzclaw,  GSBCA 14044-RELO, 97-2  BCA   29,287.   The three-
   year period in which settlement  must occur cannot be extended by
   the agency or this Board.  Randy Eaton, GSBCA 14260-RELO (Jan. 8,
   1998).
 
        Because Mr. Muirheid  did not settle on the sale of his home
   in  Las Cruces  until  November 16,  1996,  after the  three-year
   period of eligibility  had expired, he may not  be reimbursed for
   real estate settlement  expenses which he incurred  in connection
   with the sale.  The claim is thus denied.
 
                                      ____________________
                                      ROBERT W. PARKER
                                      Board Judge