Board of Contract Appeals General Services Administration Washington, D.C. 20405 ____________________________ June 15, 1998 ____________________________ GSBCA 14549-RELO In the Matter of VAN-THUAN T. NGUYEN Van-Thuan T. Nguyen, Crofton, MD, Claimant. Robert T. Hoff, Office of General Counsel, General Services Administration, Washington, DC, appearing for General Services Administration. HYATT, Board Judge. Claimant, Van-Thuan T. Nguyen, was moved from New Jersey to Washington, DC, by the General Services Administration (GSA). In connection with this relocation, Mr. Nguyen has claimed reimbursement of a particular expense incurred in connection with the sale of his old residence in Maple Shade, New Jersey. Specifically, when claimant purchased the New Jersey house in 1994, under a "first-time buyer" program the New Jersey Housing and Mortgage Finance Agency (NJHMFA) gave claimant a grant, in the amount of $4439, for the down payment and closing costs. Under the terms of the program, if the buyer remains in the house for nine years, the amount of the grant is forgiven. If the buyer sells the house within five years of receipt of the grant, however, the full amount of the grant, plus five percent interest compounded annually, must be refunded to NJHMFA. Mr. Nguyen submitted a claim for reimbursement of $5350.67, which he was required to pay to NJHMFA after the New Jersey house was sold. On February 17, 1998, GSA denied the claim and advised Mr. Nguyen to seek review by the Board. After the claim was docketed by the Board on April 1, 1998, GSA was requested to file an agency report in response. In a memorandum submitted by counsel on May 1, 1998, the agency took the position that upon further review the expense claimed by Mr. Nguyen, which would not have been incurred but for the permanent change of duty station, appeared to be eligible for reimbursement under 41 CFR 302-6.2(d)(vii) (1997). Accordingly, counsel recommended that the amount be paid. In a subsequent memorandum, filed on June 12, 1998, counsel has informed the Board that a voucher will be processed and claimant's claim will be satisfied. In light of the above agency position, there is no further action for the Board to take. Accordingly, this claim is dismissed. ___________________________ CATHERINE B. HYATT Board Judge