Board of Contract Appeals
                    General Services Administration
                         Washington, D.C. 20405
 
                        _______________________
 
                             July 22, 1998
                        ________________________
 
 
                            GSBCA 14552-RELO
 
 
                     In the Matter of DAVID A. BAY
 
 
        David A. Bay, Springfield, VA, Claimant.
 
        Judy Hughes,  Travel Policy, Defense Finance  and Accounting
   Service,  Columbus Center, Columbus, OH, appearing for Department
   of Defense.
 
   PARKER, Board Judge.
 
        In 1990, Special Agent David Bay, a civilian employee of the
   Department of the Navy, was transferred to Washington, D.C.,  for
   training.  Although he  expected to be transferred again  shortly
   after  the period  of  training, Special  Agent  Bay remained  in
   Washington until 1994, when he was transferred to Okinawa, Japan.
   In 1997,  Special Agent Bay  was transferred back  to Washington.
   Special  Agent  Bay never  expected  to  be  transferred back  to
   Washington  because, historically, few employees in his field are
   transferred there after they have been trained.
 
        Upon his return to Washington, Special Agent Bay purchased a
   house  and filed  a  claim  for  reimbursement  of  the  expenses
   incurred in purchasing it.  Special Agent Bay has asked the Board
   to review the agency's denial of that claim.
 
                               Discussion
 
        The  agency  correctly  denied  Special Agent  Bay's  claim.
   Section 5724a(d) of title 5 of the United States Code provides in
   pertinent part as follows:
 
        An agency  shall pay [expenses  incurred in  connection
        with the purchase  of a  residence at  the new official
        station]  to or on behalf of  an employee who transfers
        in the interest  of the Government from a  post of duty
        located  outside  the  United  States  to  an  official
        station  within  the  United  States  (other  than  the
        official station  within the  United States  from which
        the  employee  was  transferred  when  assigned  to the
        foreign tour of duty)[.]
   5 U.S.C.A.   5724a(d) (West Supp. 1998).
 
 
        Stated   simply,  the   statute   prohibits  agencies   from
   reimbursing an employee for the costs incurred in connection with
   the purchase of  a residence at  his new duty  station where  the
   employee has  been transferred from  a post overseas back  to the
   same place  in the United  States from which he  was transferred.
   Both  the  Federal  Travel   Regulation  (FTR),  which   directly
   implements  the  above-quoted  statute,  and  the   Joint  Travel
   Regulations  (JTR),   which  supplement  the  FTR   for  civilian
   employees of  the Department  of Defense,  reflect the  statutory
   prohibition.   41 CFR 302-6.1(g)  (1997); JTR C14000-C.   Neither
   the  statute nor the regulations make an exception for employees,
   such as Special  Agent Bay, who did  not expect to remain  in the
   original duty station  as long as they did, or who did not expect
   to be transferred back to the same duty station.  Accordingly, in
   the absence of  legal authority to  reimburse Special Agent  Bay,
   his claim must be denied.
 
                                      _____________________
                                      ROBERT W. PARKER
                                      Board Judge