Board of Contract Appeals
                    General Services Administration
                         Washington, D.C. 20405
 
                           _________________
 
                             July 24, 2000
                           __________________
 
 
                            GSBCA 15315-RELO
 
 
                    In the Matter of SARA HANDBERRY
 
 
        Sara Handberry, Baltimore, MD, Claimant.
 
        Linda  Tragakis,  Real  Estate  Officer,  Defense   Contract
   Management  Agency,  Boston,  MA,  appearing  for  Department  of
   Defense.
 
   HYATT, Board Judge.
 
        Pursuant  to a travel  authorization issued on  November 20,
   1996,  claimant, Sara  Handberry,  a  civilian  employee  of  the
   Defense Contract  Management Agency (DCMA),  relocated from  Long
   Island,  New  York  to  Baltimore, Maryland.    She  reported  to
   Baltimore on January 10, 1997.  Under the applicable regulations,
   she had  two years to complete real  estate transactions incident
   to  the transfer  in order  to be  eligible for  reimbursement of
   associated  expenses.   On  February  2,  1999, as  permitted  by
   regulation,  DCMA   extended  the   time  limit   for  completing
   claimant's new  home purchase by  one year, or until  January 10,
   2000. 
 
        Ms. Handberry  was unable  to complete  the purchase  of her
   home  until January  14, 2000,  however.   She explains  that the
   closing was originally scheduled for December 30, 1999, but,  due
   to  inclement  weather  conditions,  the  seller  was  unable  to
   complete repairs required by the Federal Housing Authority (FHA),
   and   the  settlement  was  rescheduled  for  January  10,  2000.
   Subsequent inspections  by  FHA's  appraiser  revealed  that  the
   repairs were  not satisfactory.   The FHA  would not  grant final
   approval of  the loan so  as to proceed  to settlement until  the
   work was redone.   This resulted in a further postponement of the
   settlement date to January 14, 2000.
 
        Under the  Federal Travel Regulation (FTR), reimbursement of
   real  estate  transaction  expenses  is  available  only  if  the
   settlement date of the sale or  purchase of a residence occurs no
   later than  two years  after the date  the employee  reported for
   duty at the new official station, or three years after  that date
   in the  event a  one-year extension of  this limitation  has been
   approved by the head of the agency (or  a designee).  41 CFR 302-
   6.1(e) (1996).  The Joint Travel Regulations (JTR), which  govern
   relocations of  civilian  employees of  the  Defense  Department,
   contain a similar provision.  JTR C14000-B.
 
        Three years is the maximum  time limit for recovery of these
   expenses.   The Board  has previously explained  with respect  to
   this rule  that the FTR has  the force and  effect of law  and is
   binding on agencies and tribunals.  Consequently, "the three-year
   limit is invariable." 
   Nanette  O. Locke,  GSBCA 15144-RELO, 00-1  BCA    30,706 (1999);
   accord  John  E.  White, GSBCA  15215-RELO,  00-1  BCA    30,902;
   Robert R. Goulka, GSBCA 15145-RELO, 00-1 BCA   30,813.   
 
        The   claimants  in  Locke,  White,  and  Goulka,  like  Ms.
   Handberry, had good  reasons for missing the  three-year deadline
   applicable  to  recovery  of  real  estate transaction  expenses.
   Nonetheless, neither the  agency nor the Board  has the authority
   to waive this requirement.  Claimant cannot  recover the expenses
   associated with the purchase of her residence in Baltimore.
 
 
 
   _________________________________
                                      CATHERINE B. HYATT
                                      Board Judge