Board of Contract Appeals

                 General Services Administration

                      Washington, D.C. 20405





                     _______________________



                        November 6, 2002 

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                         GSBCA 15671-RELO





                  In the Matter of DAVID KALLMAN





     David Kallman, Yigo, GU, Claimant.



     R. Michael Imphong, Chief Allowances Unit, Personnel Resources Compensation and

Entitlements, Headquarters United States Air Force, Washington, DC, appearing for

Department of the Air Force.



PARKER, Board Judge.  



                            Background



     In January 2001, the Department of the Air Force authorized David Kallman, a new

appointee, to receive certain permanent duty change of station allowances in connection with

his move from Turkey to Guam.  Reimbursement of temporary quarters subsistence expenses

(TQSE) was specifically not authorized.



     Mr. Kallman, who did not know what TQSE was, stayed in temporary quarters in

Guam that he would not have stayed in had he known that the costs would not be reimbursed. 

Mr. Kallman's claim for reimbursement of the $1443 he incurred in lodging costs was denied

by the Air Force and he has asked that the Board review that decision.  As discussed below,

the Air Force correctly denied Mr. Kallman's claim.



                            Discussion



     By statute, a new appointee to federal service is entitled to certain benefits when he

or she moves to a duty station from his or her place of residence at the time of appointment. 

5 U.S.C.    5722, 5723 (2000).  These benefits are similar to those provided to an employee

whom an agency transfers in the interest of the Government from one duty station to another,

id.     5724, 5724a, but they are not identical.  Of importance to this case, the law authorizes

agencies to reimburse transferred employees, but not new appointees, for TQSE.  Louise C.

Masse, GSBCA 15684-RELO, 02-1 BCA   31,694; Roy Katayama,  GSBCA 15605-RELO,

01-2 BCA   31,542; Barbara A. Caviness, GSBCA 15390-RELO, 01-2 BCA   31,498.

                         

     Because the law does not permit agencies to pay TQSE to new appointees, Mr.

Kallman's claim must be denied.  The fact that Mr. Kallman was not specifically advised as

to the meaning of his travel orders, and consequently was unaware that his hotel expenses

would not be reimbursed, makes no difference.  Even if the lack of explanation could be

considered as some sort of erroneous advice, which is doubtful, it is well settled that even

erroneous advice by Government officials cannot create a right to reimbursement in excess

of statutory and regulatory entitlements.  Masood Badizadegan, GSBCA 14393-RELO, 98-2

BCA   29,789.









                                   ________________________

                                   ROBERT W. PARKER

                                   Board Judge