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                               April 9, 1997
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                             GSBCA 13689-RELO


                    In the Matter of ROBERT S. HICKMAN


    Robert S. Hickman, Triangle, VA, Claimant.

    Vincent Mullally, Accounting Operations Center, National Park
Service, Washington, DC, appearing for Department of the Interior.

VERGILIO, Board Judge.

    The claimant, Mr. Robert S. Hickman, changed permanent duty
stations and received reimbursement for 120 days of temporary
quarters subsistence expense (TQSE).  The agency disallowed
reimbursement of any TQSE for his wife and two children, because
their claimed period of TQSE reimbursement began after the
claimant's period had expired.  The agency properly denied
reimbursement; regulation dictates that the periods for TQSE
allowance must run concurrently for the employee and dependents.

    Mr. Hickman's original travel authorization specified, "Due to
School and Job commitments, the employee's family is hereby
authorized for Separate Travel.  This has been determined to be
advantageous for the Gov't, for the family will not require
Temporary Quarters."  And, "Since family will join employee later,
it is not anticipated they will incur any Temp. Qtrs."  The agency
authorized thirty days of TQSE for the employee, but not his wife,
son, or daughter.  Subsequent authorizations extended the TQSE
period for Mr. Hickman to a 120-day period, expiring on February
26, 1995.

    In January 1995, Mr. Hickman inquired of the agency whether
his family would be entitled to reimbursement for TQSE, even though
his 120-day period would expire on February 26.  The agency orally
advised that the periods could be separate for an employee and his
family.  In a written request for TQSE for his family, however, Mr.
Hickman makes no mention that his TQSE period is distinct from his
family's or that his TQSE would expire prior to the start date for
his family's claimed TQSE.  The agency provided Mr. Hickman a
memorandum, dated January 31, 1995, approving the written request
for TQSE for his family.  The memorandum specifies that the
approval is in accordance with part 302.5 of the Federal Travel
Regulation (FTR), and that this "will bring your family's temporary
quarters to 30 days.  Please note that eligibility for
reimbursement of quarters and subsistence expense begins when your
family vacates the former residence, and extensions beyond the
first 30 days must be submitted in written form and approved by the
Service for reimbursement.  Eligibility for reimbursement of
quarters and subsistence expense ends upon occupancy of your new
residence."

    On March 13, 1995, the agency's Accounting Operations Center
received a request to issue a travel advance to Mr. Hickman for his
family's TQSE for the thirty-day period beginning March 25.  On
approximately March 28, the agency denied the request, because the
period of eligibility had expired when Mr. Hickman completed his
120-day period.  Thereafter, Mr. Hickman requested an extension, of
an additional thirty-day period for his family, which the agency
did not approve.  The agency denied a subsequent request for TQSE
for the family for the period of March 25 through May 31.

    Mr. Hickman claims entitlement to reimbursement for his
family's TQSE.  He maintains that he received and relied upon a
written statement that he and his family could have separate 120-
day subsistence periods.  He contends that he should not be held
financially responsible because he received bad advice.

    Regarding compensation for TQSE, the FTR specifies that the
"time period shall run concurrently for the employee and all
members of the immediate family.  . . .  The period of eligibility
shall terminate when the employee or any member of the immediate
family occupies permanent residence quarters or when the authorized
period of time expires, whichever occurs first."  41 CFR 302-5.2(f)
(1996).

    The agency correctly disallowed reimbursement for the family,
because the period of eligibility expired 120 days after Mr.
Hickman began his TQSE period.  Regulation does not permit the
agency to reimburse the requested costs, regardless of the advice
provided to Mr. Hickman.  Moreover, the submissions do not support
Mr. Hickman's assertions as to the contents of the written
approval.  His written request makes no mention of his TQSE period
or of it expiring before the period sought for his family.  The
approval references the regulation which reveals the limitations on
recovery.

    Mr. Hickman is not entitled to be reimbursed for any TQSE for
his family.


                                    ____________________________
                                         JOSEPH A. VERGILIO
                                         Board Judge