_________________________

                             January 10, 1997
                         _________________________


                             GSBCA 13906-TRAV


                     In the Matter of DEBORAH E. GARBE


     Deborah E. Garbe, Los Angeles, CA, Claimant.

     Willie M. King, Director, Financial Management Division, Equal
Employment Opportunity Commission, Washington, DC, appearing for
Equal Employment Opportunity Commission.

WILLIAMS, Board Judge.

     Claimant seeks reimbursement in the amount of $114.98 for
towing charges incurred for moving her personal vehicle which she
had illegally parked in a government parking garage while she was
away on official business.  For the reasons stated below, we deny
the claim.

                                Background

     Claimant, an investigator with the Equal Employment
Opportunity Commission (EEOC) in Los Angeles, California, was
authorized to travel on official business along with four other
investigators and one supervisor to Las Vegas, Nevada, to conduct
onsite investigations from June 23 through June 26, 1996.  Two
government owned vehicles (GOVs) were authorized to transport these
employees.  The vehicles were a van to be driven by claimant's
supervisor and another GOV to be driven by claimant's coworker,
another investigator.  

     Claimant contends that she was orally authorized by her
supervisor to park her private vehicle in the parking garage in the
Roybal Federal Building in Los Angeles from June 23 through
June 30, so that the driver of the GOV would not have to pick her
up at her residence.  Claimant's supervisor admits that he verbally
authorized her to park in the lot, but denies that he told her to
park in a specific spot.

     Claimant's coworker, the driver of the GOV, advised her to
park in space 151, so that is where she parked.  Claimant did not
observe her coworker removing the GOV from the parking lot.  Nor
did the coworker accompany claimant to park her private vehicle. 
In fact, the GOV had been parked in space 155.  Space 151 was the
property of the building and managed by the General Services
Administration, not claimant's employer.  Employees were authorized
to park in the building on a reserved parking space basis.

     Claimant's car was towed, and she requested reimbursement for
the towing charge of $114.98.  On August 21, 1996, the agency
disallowed reimbursement for the towing charge, and on October 18,
1996, she asked this Board to review that determination.

                                Discussion

     While it is unfortunate that claimant parked in the wrong
space and was towed, there is no statutory or regulatory basis
which authorizes reimbursement for the towing charges.  As the
Comptroller General has recognized, "We are not aware of any
authority by which [the agency] may use its appropriations to pay
for any fine imposed by a court on a government employee for a
traffic offense committed by him while in the performance of, but
not as a part of, his official duties.  Such fine (or forfeiture of
collateral) is imposed on the employee personally and payment
thereof is his personal responsibility."  Attorney Fees in Traffic
Offense Cases, 57 Comp. Gen. 270 (1978).

     Claimant cites another Comptroller General decision,
Jeffrey L. Wartluft, 57 Comp. Gen. 476 (1978), which held that when
a fine is imposed against an employee personally for actions by the
Government over which the employee had no control (rather than
because of the employee's intentional or negligent action),
reimbursement to the employee is authorized.  Claimant contends
that she "did not intentionally park in the wrong parking space nor
was she negligent."  The Wartluft case on which claimant relies is
distinguishable.  There, a truck driver employed by the Government
was driving a lumber truck which exceeded the weight limitation. 
GAO found that it was the action of the United States of America,
and not of the driver in his personal capacity, which had caused
the citation.  Here, claimant's action in parking her vehicle in
the Federal Building cannot be attributed to the United States. 
The fact that claimant was misadvised by a coworker as to the
number of the authorized parking spot does not render the
United States Government liable for her action.  Claimant did
intentionally park her personal vehicle in space 151, and it is her
responsibility to pay the fine.

                                 Decision

     The claim is denied.


                                   __________________________
                                   MARY ELLEN COSTER WILLIAMS
                                   Board Judge