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                            October 23, 1997
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GSBCA 14233-RELO


In the Matter of JOSEPH W. BURNS


     Joseph W. Burns, Layton, UT, Claimant.

     Maj. James M. Lyons, Chief, Air Force Excess Cost Settlement
Adjudication and Entitlement, San Antonio, TX, appearing for
Department of Defense.
     
BORWICK, Board Judge.

     Joseph W. Burns, claimant, a civilian employee of the
Department of the Air Force, seeks reimbursement of moving expenses
incurred in 1991 and 1993, for shipping by Government bill of
lading (GBL) household goods (HHG) and other items that weighed
more than the 18,000-pound limit allowed by statute and regulation. 
For the reasons stated below, we deny the claim.

     Pursuant to permanent change of station (PCS) travel authori
zation, claimant moved from F.E. Warren Air Force Base (AFB) to
Grand Forks AFB in November 1991.  He also moved in September 1993
from Grand Forks AFB to Hill AFB in Utah.  Both moves were
accomplished using GBLs.    

     When preparing for his move in November 1991, employees at the
travel office at claimant's old station advised claimant that he
was authorized shipment of "professional gear" as HHG, and that
shipment of professional gear would not count against the weight
allowance.  That office did not advise claimant of the stringent
conditions and certification requirements the Joint Travel
Regulations (JTR) impose on those who wish to move professional
books, papers, and equipment (PBP&E) with their HHG at Government
expense.  During his moves in 1991 and 1993, claimant shipped his
PBP&E together with his HHG without obtaining the necessary
certifications.  

     In the 1991 move, claimant's HHG weighed 24,920 pounds,
resulting in an excess (above 18,000 pounds) weight overcharge, and
claimant's indebtedness of $4,247.87.  In the 1993 move, the HHG
weighed 22,040 pounds, causing claimant to incur an indebtedness of
$2,633.01.  

     Because of an administrative mistake in filling out a form,
the agency's Joint Personal Property Shipping Office (JPPSO) did
not advise claimant of the debt in a timely manner.  Claimant
first learned of the debt from the 1991 move on February 12, 1996,
when, having received a reduced amount in his paycheck, claimant
made inquiry of various Air Force payroll offices.  The Air Force
payroll office in Denver, Colorado, located the pay adjustment
authorization (DD Form 139) and sent it to claimant.   Claimant
received formal notice of the payment adjustment for the 1993 move
on April 18, 1996. 

     Claimant complains about the quality of the pre-move advice he 
received from the travel office--particularly regarding claimant's
eligibility for reimbursement of expenses of shipping PBP&E. 
Claimant admits that he did not read the JTR because he assumed the
advice he received was accurate.  Claimant complains about the
agency's delay in notifying claimant of the pay adjustment. 
Finally, claimant questions the methodology the Government uses in
making pre-move weight estimates, and states that the methodology
used by the Government varies from commercial practice.  In
response, the agency admits its responsibility to provide its
employees accurate pre-move counseling.  The agency is willing to
make an adjustment for claimant's shipment of PBP&E providing
claimant satisfies the requirements of JTR C8007.  As for the
agency's delay in notifying claimant of the debt, the agency is
taking steps to ensure that such a delay does not re-occur.      

     While the record demonstrates defects in the agency's
administration of claimant's moves, claimant has not shown a
statutory or regulatory  basis for recovery.  Statute authorizes an
agency to pay for transportation of HHG and personal effects not in
excess of 18,000 pounds net weight.  5 U.S.C.  5724(a)(2) (1994). 
The JTR provides in relevant part: "The maximum weight of household
goods (HHG) that may be transported or stored in connection
therewith at Government expense is limited to 18,000 pounds net
weight for all employees."  JTR C8000.  The JTR also makes
employees responsible for excess costs of a shipment exceeding the
employee's authorized weight allowance.  JTR C4353.  The agency's
establishment of the debt was proper.  

     Claimant may have been misled by the agency travel office's
advice as to his eligibility for reimbursement of PBP&E shipping
expenses since that office did not advise him of the conditions for
eligibility.  It is settled, however, that erroneous or inaccurate
advice cannot bind the Government to spend money in violation of
statute or regulation.  Michael L. Martin, GSBCA 13821-RELO, 97-2
BCA  29,142.  Claimant has not shown entitlement to relief.   



                              __________________________     
                              ANTHONY S. BORWICK
                              Board Judge