Board of Contract Appeals
                    General Services Administration
                         Washington, D.C. 20405
 
                           __________________
 
                           September 30, 1998
                           __________________
 
 
                            GSBCA 14686-RELO
 
                    In the Matter of SHARON MATTHEWS
 
 
        Sharon Matthews, Ladson, SC, Claimant.
        Carolyn M. Lawson, Chief, Consolidation Management Division,
   Defense  Finance   and  Accounting  Service,   Personnel  Support
   Organization, Denver, CO, appearing for Department of Defense.
   VERGILIO, Board Judge.
 
             The  relocated  claimant   was  authorized  to  be
        reimbursed expenses required  to be paid in  connection
        with  the  sale  of her  residence,  if  the settlement
        occurred within two years of  reporting for duty at the
        new   duty  station.    The  claimant  rented  out  her
        residence at her old duty station for approximately one
        year prior to  attempting to sell it.   After having to
        evict the lessee,  she was unsuccessful in  selling the
        residence  within  the  two-year  period.   The  agency
        denied  requests to extend the period for sale, finding
        no  extenuating  circumstance meriting  the  extension.
        The claimant chose initially to rent the residence and,
        in any  event, within  the two-year  period, had  seven
        months to  sell the  residence after  the property  was
        repaired.   The claimant has failed to show entitlement
        to  the  extension  sought,  the  agency  having  acted
        reasonably.
        The  claimant, Sharon Matthews,  a civilian employee  of the
   Department   of  Defense,   was   relocated  from   Philadelphia,
   Pennsylvania, to Charleston, South  Carolina.  On July  18, 1996,
   she received notification of the position in South Carolina, with
   a starting date of August 4, 1996.  She accepted the position and
   relocated.
 
        The  agency authorized  the  reimbursement  of  real  estate
   expenses required  to be paid  in connection  with the sale  of a
   residence at the old duty  station, pursuant to the Department of
   Defense Civilian Personnel  Joint Travel Regulations (JTR).   The
   claimant chose to  rent out her  residence through September  30,
   1997.  The  claimant utilized eviction procedures,  such that the
   tenant vacated  the premises  in November  1997, with  belongings
   removed  in December  1997.    After clean  up  and repairs,  the
   residence was  on the  market for sale  on January  5, 1998.   An
   offer in April did not result in a sale.
 
        By  letter dated  May 29,  1998,  the claimant  requested an
   extension  of  the  two-year  period  within  which  to sell  her
   property.  The agency denied  the request, with reference to, and
   quotation from,  the applicable  regulation, JTR  C14000-B.   The
   reason  and explanation  was that  the request "does  not support
   [the  conclusion]  that extenuating  circumstances  prevented you
   from selling  your residence.  It  was your decision  to rent the
 
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   residence   and  this   is   not   viewed   as   an   extenuating
   circumstance[].    If  the  circumstances  change,  we  will  re-
   evaluate."
 
        By letter dated June 18, 1998, the claimant provided greater
   detail in seeking an extension.   As expressed in a letter  dated
   June  24,  1998, the  agency  denied  the request  because  "your
   expanded  explanation still confirms the rental of your residence
   was your  choice and your  decision."  The agency  specified that
   should the  claimant obtain a  contract for sale within  the two-
   year period, it would  extend the period  to permit the close  of
   the sale.
        Applicable regulation specifies that the settlement date for
   a sale, for  which reimbursement is requested, must  not be later
   than two  years (unless  a longer period  is approved)  after the
   employee reported for duty at the new duty station.  The approval
   of  an  extension  is  to   be  based  on  a  determination  that
   extenuating circumstances,  acceptable to the  commanding officer
   of the activity concerned, have previously prevented the employee
   from completing the sale in  the initial time-frame.  JTR C14000-
   B.   The conclusion that acceptable extenuating circumstances did
   not exist is  reasonable given the facts.  The  claimant opted to
   initially  rent  her  residence.    Moreover,  the  claimant  had
   approximately seven  months to  sell the  residence after  it was
   repaired.
        The   claimant  has   not  demonstrated   that  the   agency
   inappropriately  exercised its  discretion in  not extending  the
   period  within which  to sell  her residence.   Accordingly,  the
   claimant is not entitled to the extension requested.
                                 ____________________________
                                 JOSEPH A. VERGILIO
                                 Board Judge