Board of Contract Appeals
                    General Services Administration
                        Washington, D.C. 20405
 
            _______________________________________________
 
                           November 9, 1998
            _______________________________________________
 
 
                           GSBCA 14653-RELO
 
 
                    In the Matter of DANIEL JANUSZ
 
 
       Daniel Janusz, Marina, CA, Claimant.
 
       Mark  B.  Barta,  Defense  Finance  and  Accounting  Service,
  Columbus   Center,  Columbus,  OH,  appearing  for  Department  of
  Defense.
 
  BORWICK, Board Judge.
 
       Claimant,  Daniel   Janusz,  seeks  reimbursement  of   lease
  termination expenses  in connection with  his permanent  change of
  station (PCS) move.  The agency, the Department  of Defense (DoD),
  denied  reimbursement   because  the   apartment  lease  was   not
  terminated.   We  conclude that  the agency  correctly  denied the
  reimbursement request.   
 
       The  facts are  as  follows.   On  March 11,  1998,  claimant
  received a  travel authorization  from  the  agency in  connection
  with  claimant's  PCS  move  from   the  Defense  Supply   Center,
  Columbus,  Ohio,  to  the  Defense  Finance   Accounting  Service,
  Monterey, California.   Among other  items, the  agency authorized
  reimbursement of unexpired lease expenses. 
 
       While  residing  in Columbus,  Ohio, claimant  and claimant's
  roommate signed an apartment lease as joint tenants  and agreed to
  pay   $705 per  month rent.   The lease  expired on May  31, 1998.
  Paragraph 27  of the lease provided  in pertinent part: "If  there
  shall  be  more  than  one  tenant,  they  shall  be  jointly  and
  severally liable thereunder."  Paragraph 18 of the lease  provided
  for early  termination by the  tenant if the tenant  gave at least
  one month's  written notice and a  cashier's check for the  amount
  due  to the end of  the notice period plus an additional sum equal
  to  twenty percent  of rent provided  for during  the term  of the
  lease. 
       On March 15, claimant wrote his landlord and  requested early
  termination: 
 
 
            I   am  writing   to   request  my   lease  be
            terminated as of [April 1, 1998]  due to a job
            transfer out of  the state.  I realize I  have
            [two] months remaining on my  lease, therefore
            I  will pay  the penalty  of  [twenty percent]
            against  the remaining portion of [the] rent I
            owe. . . .  
 
       The landlord replied: 
 
            Please  be  advised that  your lease  . . . is
            expiring on  [May 31, 1998].   As  you stated,
            your request  to move earlier is  permissible,
            however the rent  will need to be paid in full
            each month.   As your  roommate is  staying in
            the apartment,  you both  are responsible  for
            the entire amount of the rent.
 
       In response,  claimant submitted two  checks to  the landlord
  totaling  $1400 for  the last  two months'  rent.   Claimant  then
  submitted   a   travel   voucher   to   the   Government   seeking
  reimbursement of  $705 for  "expired lease  expense."  The  agency
  denied the request for reimbursement, reasoning: 
 
       The $700.00  [sic] represents  rent  for  the months  of
       April and May.  In reviewing  the file, it is clear that
       [claimant's] roommate  remained in the  premises and the
       lease  was never  "terminated."   In  the absence  of an
       actual "termination" of the  lease, the amount cannot be
       reimbursed.
 
       Claimant then filed a  claim at this Board.  He  acknowledges
  that the lease was never terminated, but explains that  it was not
  terminated  only because  his  roommate needed  to remain  in  the
  premises.  
 
       The Joint Travel Regulations (JTR) provide  for reimbursement
  of  an employee's  costs  of  settling  an  unexpired  lease,  but
  "allowable cost  items are limited to  those payments made by  the
  employee concerned  which represent  unavoidable expense  directly
  attributable to termination of  the lease prior  to the expiration
  date."  JTR C14005.  Here, claimant  admits that the lease was not
  terminated.   We have noted  that regulations  authorizing payment
  for  the  expenses  of  settling an  unexpired  lease  apply  upon
  termination of  the lease.    Kathryn  M.Vernon, GSBCA  14622-RELO
  (Aug. 11, 1998).   The General Accounting Office (GAO), which  had
  previously   decided  these  claims,  held   that  the  underlying
  assumption  upon which  the lease  termination expense  benefit is
  grounded  is  that  the  leased  premises  were  actually vacated.
  Patsy  S. Ricard, 67 Comp. Gen. 285 (1988).    Here, the lease was
  not   terminated,   and  there   is   no   authority  for   agency
  reimbursement  of  this  claimed  expense.     The  agency   acted
  correctly in denying the claim.
 
                                _______________________________
                                ANTHONY S. BORWICK
                                Board Judge