Board of Contract Appeals General Services Administration Washington, D.C. 20405 ________________________________________ March 19, 1998 ________________________________________ GSBCA 14286-RELO In the Matter of GLORIA L. MAGNUSON Gloria L. Magnuson, Cambridge, England, Claimant. Paul Wolfe, Chief, Personnel Center, Education Activity, Department of Defense, Arlington, VA, appearing for Department of Defense. BORWICK, Board Judge. Claimant, Gloria L. Magnuson, a retired Federal employee who was stationed overseas with the Department of Defense, seeks reimbursement of $1,050 of nontemporary storage charges for her household goods (HHG) stored in the United States for about one year past her separation date. The agency refused to reimburse claimant for the charges, considering them to be claimant's responsibility. We conclude the agency acted correctly, since the storage extended beyond that period, established by the Joint Travel Regulations (JTR), for which the Government will pay the expense. An erroneous service order issued by a traffic manage- ment specialist does not bind the Government to pay the expense. The record shows the facts to be as follows. After thirty- one years of Government service, most recently as an elementary school teacher with the Department of Defense Education Activity (DODEA) in Alconbury, the United Kingdom, effective July 3, 1996, claimant retired. While claimant served her tour of duty in the United Kingdom, the agency had granted her nontemporary storage of her HHG in the United States. The DOD Personal Property Office (PPO) Supply Department, Great Lakes, Illinois, had the responsibility for handling the nontemporary storage of claimant- 's HHG. On July 16, the agency issued a travel authorization for her separation return from overseas. The authorization provided for shipment of HHG not exceeding eighteen thousand pounds and temporary storage of HHG not to exceed ninety days. Claimant requested a two-year extension of the period for travel and transportation of HHG. On July 16, the agency issued an amended travel authorization that cautioned: Return travel and shipment of [HHG] in accordance with paragraphs C4202.2 and C8003.9c of [the JTR]. Return travel and shipment of [HHG] must begin prior to 15 Jun. 98. If authorization is not used within this time period, return travel and transportation eligibility will be waived. A traffic management specialist with the Department of the Air Force, Europe, forwarded a memorandum to the PPO in Illinois, advising that as claimant had obtained approval for a two-year extension of transportation and travel allowances, she was also authorized continued nontemporary storage not to exceed two years from the effective date of separation. Upon receipt of the memorandum, the PPO promptly advised the traffic management specialist that the Government was not responsible for non- temporary storage charges of claimant's HHG beyond the period established by regulation. The traffic management specialist then issued an amended service order: "TO TERMINATE [STORAGE] CHARGES AT GOV'T EXPENSE AS OF 30 SEP 96." The order advised: "FOR GLORIA L. MAGNUSON: SUGGEST YOU CONTACT THE [STORAGE] WAREHOUSE ABOUT THE INSURANCE YOU MAY WANT." Despite the amended service order, claimant continued nontemporary storage of HHG from October 1, 1996 through July 1, 1997, and incurred storage charges of $1,050. Claimant states that she never received the corrected service order and because of misdirection of mail did not timely receive subsequent collec- tion agent's notices which would have alerted her to the Govern- ment's refusal to pay the charges and her incurrence of the debt. Claimant maintains that the Government is bound by the original service order extending the eligibility for temporary storage to July 1998. The JTR establish a time limit for nontemporary storage of HHG at Government expense: Storage at Government expense may be authorized for a period of [sic] not to exceed the length of the tour of duty plus [one] month prior to the time the tour be- gins. This storage also may be authorized for subse- quent service or tours of duty at the same or other overseas [permanent duty station] if the conditions in subparagraph b. continues [sic] to be met. When an employee ceases to be eligible for the allowance, storage at Government expense may continue until the beginning of the month after the month in which eligi- bility terminates unless, to avoid inequity, the over- seas command extends the period. Eligibility shall be deemed to terminate on the last day of work at the post of duty. JTR C8002-C3.d. The agency granted claimant a two-year extension for travel and shipment of HHG, JTR C4202-B, C8003-I3, but the extension did not apply to claimant's nontemporary storage of HHG, which as we have seen above, is governed by a separate provision of the JTR.[foot #] 1 Here, the traffic management specialist erroneously assumed that extension of the nontemporary storage period automatically followed from the two-year extension of the travel and shipment period. We have consistently held that erroneous advice cannot bind the Government to spend money in violation of statute or regulation. Joseph W. Burns, GSBCA 14233-RELO, 98-1 BCA 29,393; Michael L. Martin, GSBCA 13821-RELO, 97-2 BCA 29,142. While the JTR allow for extension of the period of nontemporary storage by the overseas command to avoid inequity, JTR C8002- C3.d., the traffic management's specialist's erroneous issuance of the original service order was not such an extension. The ----------- FOOTNOTE BEGINS --------- [foot #] 1 As indicated in her travel authorization, claimant was also entitled to up to ninety days of temporary storage at Government expense of HHG shipped from an overseas area, JTR C8003-E, but that entitlement would not apply to HHG stored in the United States. ----------- FOOTNOTE ENDS ----------- overseas command did not endorse the issuance of the order, and the traffic management specialist promptly corrected his mistake by amending the order properly to limit the Government's respon- sibility for nontemporary storage to a period consistent with the JTR. The misdirection of the mail is unfortunate but does not change the Government's liability. The agency acted correctly in refusing reimbursement. __________________________ ANTHONY S. BORWICK Board Judge