Board of Contract Appeals

                    General Services Administration

                         Washington, D.C. 20405

 

 

 

                        ________________________

 

                             August 2, 2001

                        ________________________

 

 

                            GSBCA 15445-RELO

 

 

                  In the Matter of CLAUDE N. NARRAMORE

 

 

        Claude N. Narramore, Chelsea, AL, Claimant.

 

        Michael N. Griffin, Chief, Division of Planning and Internal

   Controls,  Office of the Chief Financial Officer, Washington, DC,

   appearing for Department of Labor.

 

   WILLIAMS, Board Judge.

 

        A transferred  employee cannot  be  reimbursed for  expenses

   incurred in conjunction with the purchase of a residence when the

   new residence is not  located at the new duty station  and is not

   the home from which claimant regularly commutes.

 

                               Background

 

        Claimant,  Claude  N.   Narramore,  an  employee  of     the

   Department of Labor,  Mine Safety and Health  Administration, was

   transferred  from Arlington,  Virginia, to  Denver,  Colorado, in

   June 1999.  Mr. Narramore  claimed reimbursement in the amount of

   $2725.18 for expenses related to a house-hunting trip to Chelsea,

   Alabama, and the purchase of a residence in Chelsea.

    

        The  Department  of  Labor  denied  the  claim  because  the

   expenses incurred  by claimant  were for the  purchase of  a home

   located  in Chelsea, Alabama,  while claimant's new  duty station

   was Denver, Colorado.  Mr. Narramore now appeals this decision. 

 

                               Discussion

 

        The  authority  to  reimburse an  employee  for  real estate

   expenses incurred in the "purchase of a home at the  new official

   station," incident to  a change of official station, is contained

   in  5  U.S.C.  5724a(d)  (Supp. IV 1998).    The  Federal  Travel

   Regulation (FTR), in implementing this statute, provides that the

   new  residence must  be located at  the employee's  new "official

   station."   41 CFR 302-6.1 (1998).   The FTR provides  that, with

   respect  to  an  employee's   entitlement  to  reimbursement   of

   residence  transportation expenses, "official  station or post of

   duty  means  the  residence  or  other  quarters  from which  the

   employee  regularly  commutes   to  and  from  work."     41  CFR

   302-1.4(k).   With respect to  the purchase of a  residence, both

   the Board  and the  General Accounting  Office have  consistently

   held that  the requirement  that the  employee regularly  commute

   from the residence in question contemplates commuting on a  daily

   basis,  not just  on weekends  or occasionally during  the month.

   David M. Whetsell,  GSBCA 14089-RELO, 98-1 BCA    29,610; Malcolm

   L. Jowers, GSBCA  13727-RELO, 97-1 BCA    28,800; Jesse  Jackson,

   Jr., B-251559 (Mar. 31, 1993); Johnny W. Reising,  B-238086 (June

   8, 1990); Donald R. Stacy,  67 Comp. Gen. 395 (1988). 

 

 

        In the instant case, claimant's newly purchased residence in

   Chelsea, Alabama, is not at  his official duty station in Denver,

   Colorado.   Nor does  claimant commute from  this residence  on a

   daily  or  occasional  basis.   Claimant  is  thus  ineligible to

   receive reimbursement.  

 

                                Decision

 

        The claim is denied. 

 

                                 ___________________________________

                                 MARY ELLEN COSTER WILLIAMS

                                 Board Judge