_______________
 
                            January 8, 1998
                            _______________
 
 
                            GSBCA 14260-RELO
 
 
                      In the Matter of RANDY EATON
 
 
        Randy Eaton, Wells, ME, Claimant.
 
        Dennis L.  Pucello, Human Resources  Office Groton,  Newport
   Operations  Department,  Department  of the  Navy,  Newport,  RI,
   appearing for Department of Defense.
 
   VERGILIO, Board Judge.
 
             The  agency authorized  reimbursement of  expenses
        incurred in  connection with  the sale  of a  residence
        consequent  to a  permanent  change  of  station.    It
        extended  to  a  total  of  three  years,  the  maximum
        permitted by regulation,  the period  within which  the
        sale  must occur.    The  agency  properly  denied  the
        request for  an  additional six-month  extension.   The
        Board  lacks the authority to waive the time limitation
        and  may not  authorize  payment inconsistent  with the
        regulations which implement statute.
 
        The  claimant, Randy  Eaton,  a  civilian  employee  of  the
   Department  of   Defense,  changed  permanent  duty  stations  in
   September 1994.  At the time, he was  authorized to be reimbursed
   for real estate expenses  incurred in selling a  residence within
   two  years of  the  change of  station.   In  1996,  the claimant
   requested and was granted a one-year extension (through September
   19,  1997).    By  letter  dated March  31,  1997,  the  claimant
   requested  from the  agency a  further extension  due to  medical
   reasons.   The agency  denied the request,  relying on regulation
   (the two-year time limitation may be extended "for an  additional
   period of  time not  to exceed 1  year," 41  CFR 302-6.1(e)(2)(i)
   (1997)) and decisions of this Board.
 
        The  agency  correctly  denied the  request;  as  noted, the
   regulation does not  permit an extension beyond a  total of three
   years.  Nathaniel Clark, GSBCA 14194-RELO, 97-2 BCA   29,055 (and
   cases  cited therein).  The applicable statute authorizes payment
   only  in accordance  with  implementing  regulation.    5  U.S.C.
     5724a(a) (1994).   This Board lacks the authority  to waive the
   limiting language  found in  the regulation;  the  Board may  not
   authorize payment in contravention of those regulations.
 
                                 ____________________________
                                 JOSEPH A. VERGILIO
 
                                 Board Judge