_________________
 
                           December 12, 1997
                           _________________
 
 
                            GSBCA 14202-RELO
 
 
                 In the Matter of CHARLOTTE ADAMS COOK
 
 
        Charlotte Adams Cook, Folsom, LA, Claimant.
 
        Eva C.  Matthews, Directorate of  Civilian Personnel, United
   States  Army  Aviation  Center, Fort  Rucker,  AL,  appearing for
   Department of Defense.
 
   VERGILIO, Board Judge.
 
             Regulations  permit the  cost-bearing activity  to
        transfer authority to  the gaining activity to  amend a
        travel authorization,  such that  the gaining  activity
        was  authorized to  extend  the  time  period  for  the
        claimant to sell her residence and obtain reimbursement
        in connection with a permanent change  of station.  The
        extension did not involve the expenditure of additional
        funds compared to the initial authorization; therefore,
        the extension  was valid without  the explicit approval
        of the cost-bearing activity.
 
        The claimant, Charlotte  Adams Cook, a civilian  employee of
   the  Department of  Defense,  undertook  a  permanent  change  of
   station (PCS)  in lieu of  separation under a reduction  in force
   (RIF), reporting to her new duty station in September 1992.   The
   PCS   authorization   specifies:   "Reimbursement   of   expenses
   associated with the  sale of residence will not exceed 10% of the
   actual sale price or $20,115 whichever is smaller."  In order for
   the claimant to be reimbursed the real estate expenses associated
   with  the sale  of her  residence,  the settlement  had to  occur
   within two years  of her reporting date, unless,  within a stated
   time period,  "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."   Joint  Travel Regulations  (JTR)
   C14000-B.   The  travel authorization specifies:  "Gaining office
   has  authority  to  amend  this  travel order."    Prior  to  the
   expiration of two years, the  claimant submitted a request to the
   gaining activity for an extension of one year for the sale of her
   residence.   The  gaining activity  granted  the request  without
   seeking  approval from  the  losing/cost-bearing activity.    The
   claimant  sold her  residence  within  the  extended  period  for
   $45,000, and seeks reimbursement of $4,685.
 
 
        The cost-bearing  activity (here  the losing  activity given
   the potential RIF,  JTR C1052-B.2), has refused to  reimburse the
   real  estate expenses associated with  the sale of the residence.
   It   maintains  that  the  claimant  lacks  authorization  to  be
   reimbursed.  It asserts that  the purported extension of the two-
   year  period is  invalid  because  the  gaining  activity  lacked
   authority to grant such a request.  Further, it contends that the
   claimant failed  to request an  extension of time from  the cost-
   bearing  activity within the period required under regulation; it
   concludes,    therefore,    that   the    regulations    prohibit
   reimbursement.
 
        The JTR  addresses who may  issue travel orders,  stating in
   part, "an official to whom order issuance  authority is delegated
   may request issuance  of a travel order by  another such official
   provided  that  authorizations  and  accounting  information  are
   included  with the  request.    Prior  approval  and  restrictive
   conditions  are indicated in the delegation of authority tables."
   JTR  C3000.   Applicable  regulations  state  that  the  "gaining
   activity  is responsible  for  travel  orders  issuance  but  may
   request  the losing  activity to  issue the  order."   JTR C3000,
   Department  of  the  Army,  n.5.    Applicable  regulations  also
   specify: "Before issuance  of a travel order  amendment involving
   the  expenditure of additional  funds, approval is  required from
   the  official whose  funds are  affected."  JTR  C3053-4.b (since
   redesignated, now JTR 3053-D.2).
 
        The  Board  concludes  that  the  travel  authorization  and
   extension  were valid.  The validity of the initial authorization
   is  not in  dispute.   The  JTR  permits an  official to  request
   another official with like authority within the Department of the
   Army to  issue travel orders.  Thus, the transfer of authority to
   amend the order, found in the travel authorization, is in keeping
   with JTR  C3000.   The regulations do  require approval  from the
   official whose  funds are  affected prior to  the issuance  of an
   amendment, but only for an amendment involving the expenditure of
   additional funds.   Here,  additional funds  were not  committed,
   because  the initial travel authorization allocated up to $20,115
   for sale of residence costs.  That  figure was not altered by the
   amendment.   In conclusion,  the gaining activity's  extension of
   the  period within  which to  sell  a residence  is permitted  by
   regulation  and falls within the initial travel authorization and
   the delegation of authority to amend the order found therein.
 
        The   claimant  is  entitled  to  be  reimbursed  for  costs
   associated  with the  sale  of her  residence.   The cost-bearing
   activity   must  determine  which  of  the  requested  costs  are
   reasonable and  reimbursable under  the travel authorization  and
   applicable  regulations (which  also contain  a 10%  of the  sale
   price  limitation) and reimburse  the claimant accordingly.   JTR
   C1052-B.2
 
                                 ____________________________
                                 JOSEPH A. VERGILIO
                                 Board Judge