Board of Contract Appeals

                    General Services Administration

                         Washington, D.C. 20405

 

                            ________________

 

                             June 14, 2000

                            ________________

 

 

                            GSBCA 15317-RELO

 

 

                    In the Matter of MARYANN ZEKUNDE

 

 

        Maryann Zekunde, Fanwood, NJ, Claimant.

 

        Jerry  S.  Hinton,  Acting  Director  for  Finance,  Defense

   Finance  and  Accounting Service,  Arlington,  VA, appearing  for

   Department of Defense.

 

   PARKER, Board Judge.

 

        When the Military Sealift Command (Atlantic) was  relocating

   from  New Jersey  to Virginia in  1997, Maryann  Zekunde received

   orders to transfer along with her unit.  Among other  things, the

   orders authorized reimbursement  of real estate expenses.   After

   receiving  her  relocation  orders, Ms.  Zekunde  entered  into a

   contract for the sale of her home.

 

        Ms.  Zekunde never  moved  to  Virginia,  however.    Before

   transferring with her unit, she accepted a job in the local  area

   with the  Department of Justice.   She completed the  sale of her

   home in November 1997, after accepting the job with Justice.

 

        The Navy  reimbursed Ms. Zekunde  in the amount  of $7532.68

   for expenses incurred in connection with the sale of her home but

   has now  asked for the  money back.   According to the  Navy, Ms.

   Zekunde is not entitled to  payment of these expenses because she

   never transferred to Virginia, or  anywhere for that matter.  Ms.

   Zekunde believes that the reimbursement was proper because, while

   her transfer to Virginia was pending, her  agency was encouraging

   employees  to seek  employment in the  local area  because  there

   were  [sic] a  limited number  of jobs  available  in VA  for the

   larger NJ workforce.  Also,  the cost to completely move everyone

   would be  prohibitive.    Ms. Zekunde also  alleges that  she was

   told that  she would be  reimbursed for the real  estate expenses

   even if  she accepted the  local position with the  Department of

   Justice  because of  the fact that my sales  contract was entered

   into before new employment was accepted.  

 

                               Discussion

 

        Pursuant to  statute, the  Government pays  expenses of  the

   sale of the residence at the old official station and purchase of

   a residence at  the new official station   to or on behalf  of an

   employee who transfers  in the interest of the  Government[.]   5

   U.S.C.    5724a(d)(1) (Supp. IV 1998).   The short answer here is

   that Ms. Zekunde is not  entitled to reimbursement of real estate

   expenses  because she  did not  transfer in  the interest  of the

   Government.

 

        We have  held that an  employee may be reimbursed  for costs

   incurred  before  his  or  her  transfer   was  canceled  by  the

   Government.  Jeffrey Meyer, GSBCA 14138-RELO, 98-1 BCA    29,597.

   Even  when a  transfer  is  canceled, however,  the  costs to  be

   reimbursed must have  been incurred incident to the transfer, and

   not in connection with a personal decision.  Mrs. Jack Kimbrough,

   GSBCA  13908-RELO,  97-2  BCA     29,041.   Here,  Ms.  Zekunde s

   transfer was  not canceled by  the Government.  She  decided, for

   personal reasons, to accept a job  in her local area rather  than

   transfer with  her unit.   The fact  that Ms.  Zekunde s personal

   decision may also have benefitted the  Government does not change

   its essential character.  Under these circumstances, we  can find

   no authority for reimbursing Ms. Zekunde.

 

        Finally,  the  fact  that  Ms.  Zekunde  may  have  received

   erroneous advice  does not entitle  her to reimbursement.   It is

   well-settled  that a  Government official  may  not obligate  the

   Government to  spend money in violation of statute or regulation.

   E.g.,  Kevin  S. Foster,  GSBCA  13639-RELO,  97-1 BCA     28,688

   (1996).

 

                                      __________________________

                                      ROBERT W. PARKER

                                      Board Judge