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                           November 19, 1997
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                            GSBCA 14289-RELO
 
 
                    In the Matter of CHARLES J. THEE
 
 
        Charles J. Thee, FPO Area Europe, Claimant.
 
        Deborah  G. Sciascia, Office  of the General  Counsel, Naval
   Weapon Station  Earle, Department  of the  Navy, Colts Neck,  NJ,
   appearing for Department of Defense.
 
   DeGRAFF, Board Judge.
 
        An agency may extend a sixty day period for reimbursement of
   temporary quarters subsistence  expenses for up to  an additional
   sixty days  if the agency  determines that there is  a compelling
   reason for the employee to continue to occupy temporary quarters.
   A compelling  reason is  an event that  is beyond  the employee's
   control and that is acceptable to the agency.  
 
                               Background
 
        In early  1997, Charles J.  Thee was a civilian  employee of
   the Department of the  Navy (Navy), stationed at  Guantanamo Bay,
   Cuba.  The  Navy directed Mr. Thee  to return to Colts  Neck, New
   Jersey, due  to downsizing  of the civilian  work force  in Cuba.
   The travel orders  that the Navy prepared for  Mr. Thee explained
   that  the  Navy  would  reimburse  Mr. Thee  for  sixty  days  of
   temporary quarters subsistence expenses (TQSE) in New Jersey.
 
        Mr. Thee returned to New Jersey  on April 29, 1997.  On  May
   5,  1997, Mr. Thee accepted an offer  to retire and established a
   retirement date of  August 23, 1997.   On June 2, 1997,  Mr. Thee
   asked the Navy to extend  his TQSE period beyond the sixty  days,
   until  August 23, 1997.   He explained  that he would  not need a
   permanent address in  New Jersey because, upon his retirement, he
   intended to return to Cuba to be with his family.  
 
        The Navy decided not to extend Mr. Thee's TQSE period beyond
   sixty days.   The  commanding officer at  Colts Neck,  New Jersey
   explained  to   Mr.  Thee  that   the  Navy  could   extend  TQSE
   reimbursement beyond sixty days only when  the continued need for
   temporary quarters was beyond the employee's control and  was for
   a  reason  acceptable  to  the  Navy.    The  commanding  officer
   explained that,  although he  understood Mr.  Thee's decision  to
   stay in  temporary quarters until  August 23, 1997, the  need for
   temporary quarters  for more than  sixty days was not  beyond Mr.
   Thee's control, and it was not acceptable  to the Navy to use its
   funds to reimburse  Mr. Thee for TQSE  for more than sixty  days.
   Mr. Thee asks us to review the Navy s decision.
 
 
                               Discussion
 
        When  an  employee is  transferred  in the  interest  of the
   Government,  an agency may reimburse the employee for subsistence
   expenses  for  up  to  sixty  days  while the  employee  occupies
   temporary  quarters.  The sixty day period may be extended for up
   to an additional  sixty days if the agency  determines that there
   are  compelling reasons   for the employee to  continue to occupy
   temporary quarters.  5 U.S.C.A.   5724a(c) (West Supp. 1997).  
 
        A   compelling  reason   to  continue  to  occupy  temporary
   quarters for more than sixty days is  an event that is beyond the
   employee's control  and that  is acceptable to  the agency.   For
   example,  if delivery of  household goods  to the  employee's new
   permanent  residence  is delayed  due  to a  strike  or hazardous
   weather,  or if  the employee  suffers from  a sudden  illness or
   injury, there is a compelling reason for the employee to continue
   to occupy temporary  quarters.  62 Fed. Reg. 13,759 (1997) (to be
   codified at 41 CFR 302-5.105); JTR C13004.
 
        The Navy  decided that  there was  no compelling reason  for
   Mr. Thee  to remain  in temporary  quarters for  more than  sixty
   days, and we will not disturb this decision unless Mr. Thee shows
   that it was  arbitrary, capricious, or contrary to  law.  Chester
   R.  Jourdan,  Jr.,  GSBCA 13868-RELO,  97-2  BCA     29,020; Luis
   Flores, GSBCA 13977-RELO, 97-1 BCA   28,928.   The Navy based its
   decision upon the fact that Mr. Thee wanted to extend his stay in
   temporary quarters in New Jersey  until he retired, at which time
   he  would return to Cuba to be  with his family.  Both Mr. Thee's
   retirement and his return to Cuba were events within his control.
   Because  the  events that  would  cause  Mr.  Thee to  remain  in
   temporary quarters  for  more than  sixty  days were  within  his
   control, there was  no  compelling reason,  as that  term is used
   in the statute and the  regulations, for Mr. Thee to  continue to
   occupy temporary quarters for more than sixty days.  
 
        The Navy's  decision not  to extend  Mr. Thee's  TQSE period
   beyond  sixty   days  is   consistent  with   the  statute,   the
   regulations,  and the  facts.   Therefore,  Mr.  Thee's claim  is
   denied.
                                     --------------------
 
                                      MARTHA H. DeGRAFF
                                      Board Judge