Board of Contract Appeals
                    General Services Administration
                         Washington, D.C. 20405
 
 
 
                            _______________
 
                              May 26, 1998
                            _______________
 
 
                            GSBCA 14393-RELO
 
 
                  In the Matter of MASOOD BADIZADEGAN
 
 
        Masood Badizadegan, Williamsburg, VA, Claimant.
 
        Timothy  May,  Acting  Executive  Vice  President,   Medical
   Center, Department  of Veterans  Affairs, Hampton, VA,  appearing
   for Department of Veterans Affairs.
 
   PARKER, Board Judge.
 
        Mr.   Masood  Badizadegan,   a  civilian  employee   of  the
   Department  of Veterans Affairs  (VA), was transferred  from Salt
   Lake  City, Utah,  to Hampton,  Virginia, in  August 1997.   Upon
   arriving in  Hampton, Mr. Badizadegan  asked an  employee of  the
   Department's  travel office  whether he  could receive  temporary
   quarters subsistence expenses  (TQSE) if he rented a  house.  Mr.
   Badizadegan was told  that he could.  The  travel office employee
   did not know, however, that Mr. Badizadegan intended to rent on a
   temporary  basis  the  house  that  he  was  in  the  process  of
   purchasing  as his permanent  residence.  When  Mr. Badizadegan's
   claim for TQSE was denied, he asked the Board to review  the VA's
   decision.
 
        According  to the Federal Travel Regulation (FTR), TQSE "are
   subsistence expenses  incurred  by  an  employee  and/or  his/her
   immediate family  while occupying  temporary quarters."   41  CFR
   302-5.2 (1997).   Temporary quarters "refers to  lodging obtained
   for  the  purpose  of  temporary  occupancy  from  a  private  or
   commercial source."   41  CFR 302-5.1.    In determining  whether
   quarters are temporary, the agency is to consider factors such as
   the duration of the lease, movement of household effects into the
   quarters, the  type of  quarters, the  employee's expressions  of
   intent, attempts to  secure a permanent dwelling, and  the length
   of time  the employee occupies  the quarters.  41  CFR 302-5.305.
   If   an  employee's  temporary   quarters  become  his  permanent
   residence quarters,  the employee  may receive  a TQSE  allowance
   "only if [he shows] in a manner satisfactory to [his] agency that
   [he] initially  intended to occupy the quarters temporarily."  41
 
                                                                   2
 
   CFR 302-5.14. 
 
        It  is clear from the  above language that Mr. Badizadegan's
   claim  must  be denied.  At  the time Mr. Badizadegan  rented the
   house for which he claims TQSE, he intended to purchase it as his
   permanent residence.   The FTR simply does not  permit payment of
   TQSE in  these circumstances.   Patricia E. Gadbaw,  GSBCA 14116-
   RELO, 98-1 BCA   29,517.  The fact that Mr. Badizadegan  was told
   by an employee in  the VA's travel  office that he could  receive
   TQSE if he  rented a house does not change the result.  According
   to the agency, Mr. Badizadegan did not tell the employee that the
   house  he intended to rent was the  same house that he was in the
   process of purchasing.  Even  if he had, however, Mr. Badizadegan
   would  not  be  entitled  to  reimbursement.    Erroneous  advice
   provided  by  Government  officials cannot  provide  a  basis for
   reimbursement   where   no   independent   authority   for   such
   reimbursement exists.   E.g., Kevin S. Foster,  GSBCA 13639, 97-1
   BCA   28,688 (1996).
 
                                Decision
 
        The claim is denied.
 
                                      _______________________
                                      ROBERT W. PARKER
                                      Board Judge