Board of Contract Appeals
                 General Services Administration
                      Washington, D.C. 20405



                                              

                          July 28, 1998
                                              


                         GSBCA 14265-TRAV


                 In the Matter of VEROL F. BROWN


     Verol F. Brown, Holly Hill, FL, Claimant.

     John F. James, Jr., Headquarters, 10th Area Support Group, Department of the Army,
APO Area Pacific, appearing for Department of the Army.

DANIELS, Board Judge (Chairman).

     Verol F. Brown's employment with the Department of the Army in Okinawa, Japan,
was terminated in January 1993.  Mr. Brown, his wife, and his son then returned to the
United States.  The Army paid for the parents' transportation, but not for the son's.  Mr.
Brown claims that he is entitled to reimbursement for the cost of his son's trip.

     The agency is correct in refusing to pay for the transportation.  

     In accordance with chapter 7 of the Joint Travel Regulations (JTR), the Government
will pay for certain travel and transportation expenses of dependents of Department of
Defense (DOD) employees.  Children of a DOD employee (or a DOD employee's spouse)
are considered dependents only if they are "unmarried and under 21 years of age or . . . ,
regardless of age, are physically or mentally incapable of self-support."  JTR C7001-F,
App. A.  If a dependent of an employee reaches his or her twenty-first birthday while the
employee is assigned to duty overseas, the former dependent may travel back to the United
States at Government expense one last time -- when the employee is next authorized to travel
to this country to assume a new permanent duty station, separate from Government service,
or perform renewal agreement travel.  JTR C7003-A.

     In 1989, Mr. Brown took renewal agreement travel to the United States.  At that time,
his son was twenty-one years old.  For the purposes of the JTR, unless the son was physically
or mentally incapable of self-support (and Mr. Brown has not suggested that he was), he was
no longer a dependent of a DOD employee.  Under the JTR provisions cited above (which
are identical to the ones in effect now), the father's exercise of his right to renewal agreement
travel gave the son one final opportunity to return to the United States at Government
expense.  The son chose to remain in Okinawa.  After that time, according to the JTR, he was
considered an adult; the Government would no longer pay his travel and transportation
expenses as if he were still a dependent.





                              _________________________
                              STEPHEN M. DANIELS 
                              Board Judge