Board of Contract Appeals
                    General Services Administration
                         Washington, D.C. 20405
 
 
                       __________________________
 
                           September 25, 1998
                      ___________________________
 
 
                            GSBCA 14519-RELO
 
 
                  In the Matter of DANIEL P. CARSTENS
 
 
        Daniel P. Carstens, Fairfax, VA, Claimant.
 
        Joan   Elliot,  Civilian   Personnel,  CPAC,   Headquarters,
   Military Traffic Management Command, Falls  Church, VA, appearing
   for Department of Defense.
 
   HYATT, Board Judge.
 
        Claimant,  Daniel P.  Carstens, a  contract specialist,  was
   transferred  from the United  States Army Contracting  Command in
   Seoul, Korea, to  the Military Traffic Management  Command (MTMC)
   in  Falls  Church, Virginia  as  of  March 30,  1997.   He  seeks
   reimbursement of  the  amount  of  $534.37, paid  to  his  Korean
   landlord, in  connection with  this permanent  change of  station
   (PCS).   Specifically, he  paid this amount  to break  his lease,
   which  had been  pre-paid many  months  in advance,  in order  to
   recoup the  Government's  unused  portion  of  claimant's  living
   quarters allowance (LQA),  which was $3716.51.   For the  reasons
   stated, the agency's disallowance of this claim was proper.  
 
                               Background
 
        Claimant  explains, in  correspondence  with  the Board  and
   MTMC, that when  he transferred to Seoul in 1995  he was required
   to pay his  rent in advance for twenty-three months.  At the time
   he received his PCS orders, returning him to the United States as
   of March 30, 1997, some $3716.51 was  unused under the lease.  In
   order to obtain a refund of this amount from the Korean landlord,
   however, Mr. Carstens  was forced to pay the  landlord the amount
   of      $534.37,      ostensibly     for      unpaid      utility
   bills.[foot #] 1        Mr.    Carstens    paid    the     amount
                                                                    
                   ----------- FOOTNOTE BEGINS ---------
 
        [foot #] 1 Mr. Carstens in  fact had paid the  utility bills
   in question,  but  the landlord  refused to  accept his  receipts
   proving payment  of these bills  and would not refund  the unused
   LQA amounts until Mr. Carstens paid him the amount requested.
 
                   ----------- FOOTNOTE ENDS -----------
 
 
   demanded, and  received a receipt  for it, which  he subsequently
   misplaced.  
 
 
        Upon returning to the United States, Mr. Carstens repaid the
   unused  LQA to  the Government and  inquired as  to how  he could
   recoup  the $534.37  he paid  to obtain the  LQA refund  from his
   Korean landlord.  He was advised that he should seek an amendment
   to  his  travel orders  authorizing  payment of  funds  needed to
   settle an unexpired lease.  Claimant requested such an amendment,
   but his request was denied.  
 
                               Discussion
 
        Statute  and regulation  provide  for  the  payment  by  the
   Government  of a transferred  employee's expenses of  settling an
   unexpired  lease, but only  for expenses pertaining  to leases in
   the       United      States       and      other       specified
   locations.[foot #] 2      Thus,   such   costs   will   generally
   be  reimbursed  when  the eligible  employee  transfers  from one
   location   to  another  within  the  United  States  and  certain
   specified  areas,  or when  an  employee  breaks  a lease  at  an
   official duty station located in the United States to transfer to
   a foreign post.  5 U.S.C.   5724a(a)(4)(A) (1994); 41 CFR 302-6.1
   (1997).
 
        Although Mr. Carstens no doubt was trying to act in the best
   interests of  the Government, as  the Board recognized  in George
   Span, GSBCA 13728-RELO, 97-1 BCA   28,859, at 143,985, "[n]either
   statute nor regulation makes any provision for the payment by the
   Government  of expenses a transferred employee incurs in settling
   an unexpired lease at a  foreign location where the individual is
   stationed."  See also 69 Comp. Gen. 506 (1990).  Since the agency
   is not  authorized to pay  this expense, it properly  declined to
   amend the travel orders to reimburse claimant.  
   ________________________________
 
                                      CATHERINE B. HYATT
                                      Board Judge
 
                                                                    
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        [foot #] 2 Korea is not one of these specified locations.