Board of Contract Appeals
                    General Services Administration
                         Washington, D.C. 20405
 
 
 
                         _____________________
 
                             July 29, 1999
                         _____________________
 
 
                            GSBCA 15030-TRAV
 
 
                     In the Matter of THOMAS J. MAY
 
 
        Thomas J. May, Randolph Air Force Base, TX, Claimant.
 
        TSgt. Christy S. Figueroa, Chief,  Customer Support Section,
   Air  Education and Training Command, Department of the Air Force,
   Randolph Air Force Base, TX,  appearing for Department of the Air
   Force.
 
   DeGRAFF, Board Judge.
 
        Thomas J.  May is a  civilian employee of the  United States
   Air  Force.  On August 16, 1998, a Sunday, he flew to Tyndall Air
   Force  Base  on  a  military  aircraft, in  order  to  perform  a
   temporary  duty   assignment.    Unfortunately,  the   Air  Force
   misplaced Mr.  May s suitcase.   On Monday, he reported  for duty
   wearing the clothes that he had worn on Sunday.  Monday  evening,
   when his  suitcase had not been  located, he purchased  a pair of
   slacks and three shirts  for $60.86.  The  Air Force located  Mr.
   May s suitcase and  returned it to him on Tuesday.  Mr. May asked
   the Air Force to reimburse him for the cost of the  clothing that
   he purchased.  He asserted that the cost should be  reimbursed as
   a  miscellaneous expense of travel, pursuant  to the Joint Travel
   Regulations (JTR),  paragraph C4709.   The Air  Force decided  to
   deny Mr. May s request, and he asks us to review this decision.
 
        The Air Force  properly determined that it  cannot reimburse
   Mr. May for the cost of the  clothing that he purchased.  Section
   5706 of title  5, United States Code, provides  that agencies may
   reimburse  employees   only  for  actual   and  necessary  travel
   expenses.  5 U.S.C. 5706  (1994).  In implementing this statutory
   provision,  the Federal  Travel  Regulation  (FTR)  and  the  JTR
   authorize  agencies  to  reimburse  employees  for  miscellaneous
   expenses   that  they  incur  during  the  performance  of  their
   temporary  duties, in connection with the transaction of official
   business.    Examples   of  reimbursable  miscellaneous  expenses
   include payments made for the  use of computers and printers, the
   services of typists  and stenographers, storage of  property used
   for official  business, official  telephone calls,  and fees  for
   travelers checks and  passports.  41 CFR, pt.  301-12 (1998); JTR
   C4709.     The   Comptroller  General,   which  reviewed   travel
   reimbursement  claims until  mid-1996,  issued several  decisions
   concerning claims  for the  purchase and  rental of clothing  and
   other personal  items.  In  deciding the claims,  the Comptroller
   General  considered whether the purchases were essential to carry
   out   the  employee s  duties   and  primarily  to   benefit  the
   Government,  or whether  the  items purchased  were  such as  the
   employee reasonably might  have been expected to  furnish as part
   of the  usual and necessary  items needed to perform  his regular
   duties.   Expenses incurred in  purchasing or renting  the latter
   type  of items could not be reimbursed as miscellaneous expenses.
   Donald Dudley, B-215327  (Aug. 3, 1983); Gail H. Christiansen, B-
   198823 (Dec. 10, 1980);  Bureau of Narcotics and  Drugs, B-179057
   (May 14, 1974); 35 Comp. Gen. 361 (1955).  
 
 
        Mr.  May s  clothing  purchase  is  not  reimbursable  as  a
   miscellaneous   expense.       The   examples   of   reimbursable
   miscellaneous expenses set out  in the FTR and JTR are  for items
   and  services  that  are  used  during  the  performance   of  an
   employee s temporary duties in connection with the transaction of
   official business, and  so provide a  benefit to the  Government.
   Mr. May s purchase was different from the examples set out in the
   regulations.   He  did not  purchase clothing  primarily for  the
   benefit  of the  Government.   He purchased  clothing such  as he
   reasonably might  have been  expected to furnish  as part  of the
   usual  and  necessary items  he  needed  to perform  his  regular
   duties, and he was  free to retain the clothing for  his own use.
   We agree with the Comptroller  General precedent that the cost of
   such a purchase  cannot be reimbursed as a  miscellaneous expense
   of travel.
 
        The claim is DENIED.
   __________________________________
 
                                      MARTHA H. DeGRAFF
                                      Board Judge