Board of Contract Appeals General Services Administration Washington, D.C. 20405 __________________ January 28, 2000 ___________________ GSBCA 15161-RELO In the Matter of JOHN L. PIPES John L. Pipes, South Jordan, UT, Claimant. Ronald L. Page, Manager, Management Programs Division, Federal Aviation Administration, Washington, DC, appearing for Department of Transportation. PARKER, Board Judge. In April 1999, John Pipes, an employee of the Department of Transportation s Federal Aviation Administration (FAA), was transferred from Fort Worth, Texas, to Salt Lake City, Utah. Mr. Pipes was authorized to receive thirty days of temporary quarters subsistence expenses (TQSE) for himself and his family. Mr. Pipes and his family occupied temporary quarters in Fort Worth from March 30 through April 4. When Mr. Pipes moved to Salt Lake City on April 5 and established temporary quarters there, his family stayed in Fort Worth so that Mr. Pipes daughter could finish the school year. Mr. Pipes asked agency officials whether he could continue to receive TQSE for his family if he established a permanent residence in Salt Lake City; he was told that he could. Mr. Pipes then closed on his new house in Salt Lake City on April 7, and moved in on April 10. Shortly thereafter, Mr. Pipes requested, and was granted, an additional thirty days of TQSE to cover the costs of keeping his family in Fort Worth. In reviewing Mr. Pipes voucher, the FAA determined that it had incorrectly advised Mr. Pipes that he could continue to receive TQSE for his family after he had established permanent quarters. Accordingly, the agency denied reimbursement for temporary quarters expenses for Mr. Pipes family after April 10, the day Mr. Pipes moved into his permanent residence. Mr. Pipes has asked the Board to review the FAA s determination that he is not eligible for reimbursement of the claimed expenses. Discussion Although the FAA did Mr. Pipes a disservice by providing him with erroneous information, the agency was correct in disallowing the claimed expenses. Pertinent sections of the Federal Travel Regulation provide as follows (question and answer format): When does my authorized period for claiming actual TQSE reimbursement end? The period ends at midnight on the earlier of: (a) The day preceding the day you and/or any member of your immediate family occupies permanent residence quarters. (b) The day your authorized period for claiming actual TQSE reimbursement expires. May the period for which I am authorized to claim actual TQSE reimbursement for myself be different from that of my immediate family? No, the eligibility period for which you are authorized to claim actual TQSE reimbursement for yourself and for each member of your immediate family must run concurrently. 41 CFR 302-5.108, -5.109 (1999). The regulations could not be more clear: The TQSE period for Mr. Pipes and his family ended when Mr. Pipes moved into permanent quarters. Mr. Pipes maintains that he should be reimbursed because, although he did not have to move into his permanent quarters on April 10, he did so because he was advised by agency officials that he could continue to receive a TQSE allowance for his family. Mr. Pipes also points out that his moving into permanent quarters before the end of his authorized TQSE period saved the Government money. Unfortunately, neither of these circumstances entitles Mr. Pipes to reimbursement. It is well-settled that erroneous advice by agency officials cannot create a right to reimbursement where no statutory or regulatory right for such reimbursement exists. E.g., Masood Badizadegan, GSBCA 14393- RELO, 98-2 BCA 29,789. Here, there simply was no legal authority for the FAA to continue to pay TQSE. Although Mr. Pipes decision to move into permanent quarters before the end of the authorized TQSE period did save the Government money, it did not entitle him to additional benefits. Federal employees are expected to use the same care in incurring expenses to be reimbursed by the Government as they would in incurring expenses for themselves. Wesley G. Chubb, GSBCA 13672- RELO, 97-2 BCA 29,034. By moving into permanent quarters when they became available, rather than remaining in temporary quarters because the Government was paying the bill, Mr. Pipes was acting in accordance with regulation. TQSE is intended to reimburse transferred employees for subsistence expenses incurred when it is necessary to occupy temporary quarters. 41 CFR 302- 5.3. Although the regulations permit an employee and his or her family to occupy temporary quarters in different locations during the TQSE period, 41 CFR 302-5.10, once the employee finds suitable permanent quarters, the decision to have family members continue to occupy temporary quarters becomes a matter of personal preference, rather than necessity. Although the FAA should have explained all of this in advance to Mr. Pipes, the agency was correct in denying his claim. _________________________ ROBERT W. PARKER Board Judge