Board of Contract Appeals General Services Administration Washington, D.C. 20405 April 6, 2000 GSBCA 15214-RELO In the Matter of RICHARD H. MOGFORD Richard H. Mogford, Moffett Field, CA, Claimant. June A. Boeckel, Chief, Financial Services Branch, Lyndon B. Johnson Space Center, National Aeronautics and Space Administration, Houston, TX, appearing for National Aeronautics and Space Administration. GOODMAN, Board Judge. Claimant, Richard H. Mogford, an employee of the National Aeronautics and Space Administration (NASA), seeks reimbursement of expenses incurred as the result of a househunting trip in July 1999. Claimant voluntarily undertook this trip without prior approval before receiving a job offer to relocate in a permanent change of station (PCS) which was accomplished in September 1999. After receiving his travel orders and accomplishing his PCS, claimant submitted a travel voucher to his agency and was advised by e-mail from several agency officials that, in their opinion, he was not entitled to reimbursement for the househunting trip. Claimant has requested that this Board review the agency's opinion that he is not entitled to reimbursement. The agency has filed a response in this case, stating that claimant s request is premature, as claimant has not submitted a voucher requesting reimbursement for the costs claimed or received an adjudication in response.[foot #] 1 The ----------- FOOTNOTE BEGINS --------- [foot #] 1 Board Rule 401 (c) states: Any claim for entitlement to travel or relocation expenses must first be filed with the claimant's own department or agency (the agency). The agency shall initially adjudicate the claim. A claimant disagreeing with the agency's determination may request review of (continued...) ----------- FOOTNOTE ENDS ----------- Board has inquired as to this matter, and claimant has shown that he submitted the voucher on November 8, 1999, and received the e- mail response from the agency on November 22, 1999. Accordingly, the Board has jurisdiction to review the agency s decision in this matter. It is clear from the record in this case that claimant made his househunting trip in anticipation of, but before actually receiving, a verbal or written offer of employment at the new duty station. He states: In order to be able to make a decision about accepting a job offer at NASA, should it be forthcoming, I needed more information on the economic feasibility of the move. Claimant and his spouse accomplished the househunting trip on July 24-26, 1999. He received his verbal offer on July 28 and accepted the offer on August 10. He signed a service agreement on August 12 and was issued PCS orders on August 13. The agency was correct in denying claimant s request for reimbursement under these circumstances. Federal Travel Regulation (FTR) 302-4.6 reads as follows: Under what circumstances will I receive a househunting trip expenses allowance? You will receive a househunting trip expenses allowance if: (a) Your agency authorized you to perform a househunting trip in advance of the travel (the agency authorization must specify the mode of transportation and the period of time allowed for the trip); (b) You have signed a service agreement; (c) Your agency has established, and informed you of, the date you are to report to your new official station; and (d) You meet any additional conditions your agency has established. 41 CFR 302-4.6 (1999). Additionally, FTR 302-4.10 reads in relevant part: How soon may I and/or my spouse begin a househunting trip? ----------- FOOTNOTE BEGINS --------- [foot #] 1 (...continued) the claim by the Board. 48 CFR 6104.1 (1999). ----------- FOOTNOTE ENDS ----------- You may begin your househunting trip as soon as your agency has notified you of your transfer and issued a travel authorization for a househunting trip. 41 CFR 302-4.10. The agency has cited the applicable NASA regulation, Financial Management Manual (FMM) 9762-5, Round-Trip Travel to Seek Permanent Residence Quarters, which reads in relevant part: Payment of travel and transportation expenses of an employee and spouse traveling together or individually for the purpose of seeking residence quarters may be authorized when the circumstances warrant . . . . Prior to authorization, a service agreement, NASA Form 1337, must be signed by the employee. The agency has also cited FMM 9761-3, Service Agreement, which states in relevant part: The service agreement must be signed before a travel authorization is issued which authorizes . . . when determined necessary, a househunting trip. Accordingly, since claimant accomplished his househunting trip before receiving an offer of employment, before authorization for such a trip was issued, and before signing his service agreement, there is no statutory or regulatory authority to reimburse claimant for the expenses of his househunting trip. The agency has cited two exceptions which it notes are not applicable in claimant s situation -- when lack of prior authorization is the result of an administrative error, and when a subsequent written expression of written authority is merely an affirmation of advance verbal or other informal authority granted by an official properly vested with authority to grant entitlement to a househunting trip. William R. Clayton, B-200421 (July 20, 1981), aff'd on reconsideration (June 8, 1982). These exceptions are not applicable to the circumstances of this case. The claim is denied. ____________________ ALLAN H. GOODMAN Board Judge