Board of Contract Appeals
                    General Services Administration
                         Washington, D.C. 20405
 
                            _______________
 
                              July 1, 1998
                            _______________
 
 
                            GSBCA 14578-TRAV
 
 
                  In the Matter of WILLIAM J. DEARING
 
 
        William J. Dearing, Fairfax, VA, Claimant.
 
        Saundra F.  Prince, Director, Resource  Management, National
   Defense University, Washington,  DC, appearing for  Department of
   Defense.
 
   GOODMAN, Board Judge.
 
        The  Department of Defense has requested a decision pursuant
   to  31  U.S.C.    3529  with  regard  to reimbursement  of  costs
   incurred  by claimant,  a  civilian employee,  as  the result  of
   cancellation of a  hotel reservation.  For  the reasons explained
   below,   claimant  is   entitled  to   reimbursement   under  the
   circumstances of this case.
 
        Claimant, whose  permanent duty station  is Washington,  DC,
   was  scheduled for  temporary duty  (TDY) in  Las Vegas,  Nevada.
   Hotel reservations for April 5-11, 1998 were made, and guaranteed
   with claimant's Government-issued credit card.  When his TDY  was
   cancelled, his  travel agent was immediately informed.  The agent
   called  the hotel  five days  prior  to the  reservation date  to
   cancel.   The travel  agent was informed  that claimant  would be
   charged one night's stay plus tax ($147.50), as it was beyond the
   time period to  cancel without incurring a penalty.   Despite the
   travel agent's  further efforts  in speaking  to the  reservation
   manager, the hotel would not waive the charge and the penalty was
   charged to claimant's credit card. The agency seeks a decision as
   to whether such charges are reimbursable to the claimant.
 
        As  we have  held  previously, the  Government  may pay  for
   forfeited room  deposits where  the change  in room  reservations
   represents a legitimate change in Government requirements and the
   traveler  acted  with   reasonable  prudence  in  canceling   the
   reservations.   Mary  S. Carroll,  GSBCA 14280-RELO,  97-2  BCA  
   29,309; Alexander Kunzer, GSBCA 14102-TRAV, 97-2 BCA   29,137.  
 
        Here,  significantly, the agency  does not contest  that the
   cancellation of  the reservations represents a  legitimate change
   in Government  requirements.  The  claimant and his  travel agent
   acted  with reasonable  prudence  in  attempting  to  cancel  the
   reservation, as  the attempt to  cancel the reservation  was made
   immediately  upon notification that  the TDY was  cancelled, five
   days prior to scheduled arrival. 
 
 
        Accordingly, under  the circumstances, claimant  is entitled
   to reimbursement of the claimed amount.
 
 
                                      ______________________
                                      ALLAN H. GOODMAN
                                      Board Judge