Board of Contract Appeals

                 General Services Administration

                      Washington, D.C. 20405







                                                             



                         January 13, 2005

                                                             





                         GSBCA 16533-RELO





                 In the Matter of DONALD W. OWENS





     Donald W. Owens, Duncan, OK, Claimant.



     Sharon Robison Hill, Chief, General Law Division, United States Army Aviation and

Missile Command, Department of the Army, Redstone Arsenal, AL, appearing for

Department of Defense.



PARKER, Board Judge.



                            Background



     In October 1998, Donald W. Owens, a civilian employee of the Department of the Air

Force, was transferred from Plant City, Florida, to Vilseck, Germany.  According to

Mr. Owens, at the time of his transfer to Vilseck, Mr. Owens' supervisor told him that his

position in Plant City was to be abolished and, therefore, Mr. Owens would not have the right

to a transfer back to Plant City at the conclusion of his overseas tour of duty.  Mr. Owens

then decided to put his house in Plant City up for sale, eventually selling it in May 1999.



     Mr. Owens was transferred from Vilseck to Ft. Sill, Oklahoma, in August 2003.  On

May 20, 2004, he filed a claim in the amount of $16,483.71 for reimbursement of the real

estate expenses he incurred in connection with the sale of his home in Plant City.  The Air

Force denied the claim, and Mr. Owens has asked the Board to review the agency's decision.



                            Discussion



     The Air Force correctly declined to reimburse Mr. Owens.  The controlling federal

statute provides that when an agency transfers an employee from a duty station within the

United States to a duty station outside the United States and then back to the United States,

the agency can reimburse the employee for the expenses of selling a house at the first duty

station in the United States only if the sale occurs after the employee receives official

notification that he will not return to that duty station.  5 U.S.C.    5724a(d)(2), (3) (2000). 

The Joint Travel Regulations (JTR) are consistent with the statute.  JTR C14000-C, -D

(Aug. 1, 2003).  We have discussed these statutory and regulatory requirements many times

and applied them to employees whose circumstances were similar to those of Mr. Owens. 

E.g., Edward J. Nanartowich, GSBCA 15237-RELO, 01-1 BCA   31,290 (citing cases).



     The Department of Defense (DoD) is not authorized to reimburse Mr. Owens for the

expenses he incurred when he sold his house in Plant City because Mr. Owens sold the house

before he received official notification that he would not return to Plant City.  According to

JTR C14000-C.4 and -D.2, such official notification usually takes the form of permanent

change of station orders.  When Mr. Owens sold his house in Plant City, DoD had not issued

any permanent change of station orders telling him that he would not return there.  Although

Mr. Owens' supervisor told Mr. Owens that he did not have return rights to Plant City, the

lack of return rights does not constitute official notification that the employee will not return

to his former duty station because there is still a chance that the employee will return there

at the conclusion of the overseas tour of duty.  Mark H. Swenson, GSBCA 15504-RELO,

01-1 BCA   31,410 (citing cases).  When Mr. Owens sold his house, DoD had not told him

where he might be posted after Vilseck, much less provided him with official notification

that he would not return to Plant City.  Thus, according to the statute and its implementing

regulations, DoD has no authority to reimburse Mr. Owens for his real estate transaction

expenses.



                             Decision



     The claim is denied.







                                   __________________________

                                   ROBERT W. PARKER

                                   Board Judge