Matter of: Employee of Federal Agency File: B-253911 Date: November 29, 1993

Matter of: Employee of Federal Agency File: B-253911 Date: November 29, 1993

CIVILIAN PERSONNEL Relocation Relocation travel Dependents Eligibility Agency denied an employee's claim that her adult daughter was mentally incapable of self-support at the time of her transfer to a new duty station in 1990, and thus should be considered a member of her immediate family under 41 C.F.R. Sec. 302-1.4(f) (1993), entitling the employee to certain additional transportation, travel, and relocation expenses. While the employee's daughter suffered from post-traumatic stress syndrome in 1983 and for a substantial period there-after, the employee has not presented sufficient evidence in her daughter's medical records to show that her daughter was mentally incapable of self-support in 1990, some 7 years after a 1983 car accident. Agency's denial of employee's claim is sustained.

DECISION

The Agency transferred the employee in the interest of the government on March 25, 1990. The employee claims that her daughter, who was over 21 years old at the time the employee reported for duty at her new duty station, was mentally incapable of self-support at that time.

The record in this matter shows that the employee's daughter was involved in a tragic automobile accident in 1983 in which the daughter's girlfriend was killed. While the employee's daughter recovered from her physical injuries, she suffered post-traumatic stress syndrome, and she could be considered mentally incapable of self-support for a substantial period of time after 1983 on the basis of her medical records which the employee has submitted. However, with the exception of the statements of the employee and the employee's daughter, the record does not contain any evidence, medical or otherwise, that the employee's daughter was still mentally incapable of self-support on or about March 25, 1990, some 7 years after the accident.

When our Office received the record in this matter, we sent a letter, dated August 10, 1993, to the employee apprising her of this matter and giving her the opportunity to submit further medical records. We did not receive any reply.

The FTR, 41 C.F.R. Sec. 302-1.4(f) (1993) provides, in relevant part, the following definition of a member of one's immediate family.

"(f) Immediate family. (1) Any of the following named members of the employee's household at the time he/she reports for duty at the new permanent duty station . . . .

"(ii) Children of the employee or employee's spouse who are unmarried and under 21 years of age or who, regardless of age, are physically or mentally incapable of self-support."

Since the employee's daughter was over 21 years old at the time the employee reported for duty at her new duty station and is presumed to be physically capable of self-support, the burden of proof is on the employee to establish that her daughter was mentally incapable of self-support in order to have her daughter considered a member of the employee's immediate family for purposes of the FTR, quoted above. See 4 C.F.R. Sec. 31.7 (1993).

As we noted above, with the exception of the statements of the employee and the employee's daughter, the record does not contain any evidence, medical or otherwise, that the employee's daughter was still mentally incapable of self-support on or about March 25, 1990, some 7 years after the accident. Based on the record presented, we cannot consider the employee's daughter to be a member of her immediate family for purposes of reimbursement under the FTR.

Accordingly, we sustain the agency's denial of the employee's claim.