Board of Contract Appeals

                 General Services Administration

                      Washington, D.C. 20405

          



                      ______________________



                         August 29, 2002

                      ______________________





                         GSBCA 15753-RELO





                 In the Matter of SHAWN J. WINTER





     Shawn J. Winter, Naples, Italy, Claimant.



     Judy Hughes, Travel Pay Services, Systems and Procedures, Defense Finance and

Accounting Service, Columbus Center, Columbus, OH, appearing for Department of

Defense.  



HYATT, Board Judge.



     Claimant, Shawn J. Winter, is currently a Marine Transportation Specialist at the

Military Sealift Command in Naples, Italy.  He was not a Government employee when he

was selected to fill this position.  He has requested reimbursement for several trips he made

from his home in Amherst, New York, to Groton, Connecticut, prior to commencing

employment with the Navy.  He traveled both to interview for the position in Naples and,

after being offered the position but prior to his reporting date, to complete administrative

work in the hiring process.  The Navy properly determined that under applicable regulations

it had no authority to reimburse Mr. Winter beyond the initial trip for the purpose of being

interviewed for the position.



                            Background



     Mr. Winter was selected to fill the position of Marine Transportation Specialist at the

Navy's Military Sealift Command in Naples, Italy, in the summer of 2000.  The Human

Resources Office at the Naval Submarine Base in Groton, Connecticut, was responsible for

completing the paperwork necessary to bring Mr. Winter on board as a new Government

employee.  From July through November 2000, Mr. Winter made numerous trips from his 

home in Amherst, New York, to Groton, Connecticut, to accomplish various aspects of the

hiring process.  He traveled to Groton in his car and seeks reimbursement of per diem and

mileage for the trips.  



     Mr. Winter has provided a chronological statement describing his trips to Groton.  He

states that in July 2000, he traveled to Groton to "begin pre-employment interview/hiring and

processing of required documents."  He returned to Groton in August and spent two days at

the Human Resources Office completing required documents.  In September 2000, he spent

another day in Groton completing required documents.  He made two trips to Groton in

October and another two trips in November, all for the purpose of completing documentation

pertinent to the hiring process.



     Formal travel orders were not actually issued for these trips, but the personnel staffing

specialist informally authorized the trips as part of the administrative process associated with

hiring Mr. Winter for an overseas position.  The Military Sealift Command in Naples

supports payment of Mr. Winter's claim for travel expenses, pointing out that he was required

to travel to Groton to complete the administrative aspects of the hiring process.  The Defense

Finance and Accounting Service (DFAS), which has processed this claim, believes there is

no authority to reimburse any expenses other than those associated with one pre-employment

interview.  



                            Discussion



     By statute, an agency may, but is not required to, reimburse interviewees for pre-

employment or pre-selection interview travel expenses:



               An individual being considered for employment by an

          agency may be paid travel or transportation expenses under this

          subchapter for travel to and from pre-employment interviews

          determined necessary by the agency.



5 U.S.C.   5706b (2000); see Sandra L. Roberts, GSBCA 14312-TRAV, 99-1 BCA   30,158. 

This statutory provision is implemented in the Federal Travel Regulation (FTR), which sets

forth guidelines authorizing individual agencies to establish policies and procedures

governing pre-employment interview travel.  41 CFR 301-75 (2000).  The purpose of this

statutory authorization is to enable agencies to recruit highly qualified individuals for vacant

positions.  Id. 301-75.1.  The Department of Defense has established policies applicable to 

reimbursement of pre-employment interview travel expenses in the Joint Travel Regulations

(JTR).  JTR C6200.  Both the FTR and the JTR provide that pre-employment interview travel

may not be granted to cover expenses that would otherwise not be allowable, such as a house

hunting trip at the new duty station.   41 CFR 301-75.2; JTR C6202-A.4.



     DFAS understands that the authority to reimburse a candidate for employment for

travel expenses incurred for the purpose of attending an interview for a position is limited

to one trip for that purpose.  Although this limitation is not expressly stated in the JTR, we

need not resolve that question here.  There is nothing to suggest here that Mr. Winter was

required to travel to Groton more than once to actually interview for this position.  Based on

Mr. Winter's description of his travel, it appears that his first trip, in July 2000, included a

pre-employment interview, and would be reimbursable.  Aside from that initial trip, however,

it seems clear that subsequent trips were purely for the purpose of processing paperwork

needed to bring him on board overseas after the Navy had decided to hire him, but prior to

the commencement of Mr. Winter's employment with the Government.  For that travel, there

is no statute or regulation that would authorize the Navy to compensate Mr. Winter.









                                   ___________________________________

                                   CATHERINE B. HYATT

                                   Board Judge