Board of Contract Appeals
                    General Services Administration
                         Washington, D.C. 20405
 
                           _________________
 
                           December 21, 1998
                           _________________
 
 
                            GSBCA 14724-RELO
 
 
                   In the Matter of JOHN A. BUKOWSKI
 
 
        John A. Bukowski, Flemington, NJ, Claimant.
 
        Jack  Shipley,  Director,  Financial Management  Division  ,
   Office of the  Chief Financial Officer,  Environmental Protection
   Agency, Washington,  DC, appearing  for Environmental  Protection
   Agency.
 
   PARKER, Board Judge.
 
        In  November 1997,  Dr. John A.  Bukowski moved  from Prince
   Edward Island,  Canada, to Cincinnati,  Ohio, to take  a position
   with the  Environmental Protection Agency  (EPA).  In  return for
   EPA's  agreement to  pay his  relocation  expenses, Dr.  Bukowski
   signed an  agreement requiring him  to complete twelve  months of
   service.  In the agreement,  Dr. Bukowski agreed to reimburse the
   Government  for his relocation expenses  if he failed to complete
   the  required  service,  unless the  separation  was  for reasons
   beyond his control.
 
        Eight months after moving to Cincinnati, Dr. Bukowski's wife
   was  transferred  by her  employer  (a  private company)  to  New
   Jersey.   Dr.  Bukowski then  resigned  his position  at EPA  and
   accepted  a position with a biomedical  consulting company in New
   Jersey.  When Dr. Bukowski received  a bill for repayment of  the
   relocation expenses  which EPA had  paid on his behalf,  he asked
   EPA to prorate the bill to reflect his eight months of service at
   EPA.   EPA  informed Dr.  Bukowski  that it  lacked authority  to
   prorate the expenses.  Dr. Bukowski has asked the Board to review
   EPA's decision.
 
                               Discussion
 
        The Federal Travel Regulation (FTR) requires, as a condition
   of   having  the   Government   pay  relocation   expenses,  that
   transferred employees, including new appointees, agree in writing
   to  remain in  the service  of the  Government for  twelve months
   following  the effective date  of the transfer,  unless separated
   for  reasons  beyond their  control  that are  acceptable  to the
   agency.  41  CFR 302-1.5(a)  (1997).   If the  employee fails  to
   comply with the agreement:
 
        any  funds expended by  the United States  for expenses
        authorized under this chapter shall be recoverable from
        the  individual  concerned  as a  debt  due  the United
        States.
 
   Id.  The agreement signed by Dr. Bukowski set forth these terms.
 
        Dr. Bukowski does  not dispute EPA's determination  that his
   failure to remain employed by the Government for one year was not
   beyond  his control.   That  determination  was clearly  correct.
   When Dr.  Bukowski's wife was  transferred to New Jersey,  it was
   the  Bukowskis' decision both that  she would accept the transfer
   and that  Dr. Bukowski would  resign from EPA  without completing
   the final  four months of  his year-long commitment.   The agency
   was also correct in denying Dr. Bukowski's request to prorate the
   amount of  his reimbursement.   Dr. Bukowski agreed  to reimburse
   EPA for "any moneys [sic]  expended from Federal funds on account
   of  any  travel, transportation,  and  allowances."   As  EPA has
   pointed   out,  there  simply  is  no  statutory,  regulatory  or
   contractual  authority to prorate  the amount due  based upon the
   number of months of service.
 
                                Decision
 
        The claim is denied.
 
 
 
                                           _________________________
                                           ROBERT W. PARKER
                                           Board Judge