Board of Contract Appeals
                    General Services Administration
                         Washington, D.C. 20405
 
                              ____________
 
                              May 28, 1998
                              ____________
 
 
                            GSBCA 14496-RELO
 
                  In the Matter of THOMAS D. THOMPSON
 
 
        Thomas D. Thompson, Harlem, MT, Claimant.
        Keith  Beartusk, Bureau of Indian Affairs, Department of the
   Interior, Billings, MT, appearing for Department of the Interior.
 
   VERGILIO, Board Judge.
             As a new  appointee, the claimant is  not entitled
        to  reimbursement  for temporary  quarters  subsistence
        expenses  incurred at the new duty  station as a travel
        or relocation cost.   The Board lacks the  authority to
        waive the  regulation which expressly makes  such costs
        unallowable.
 
        The claimant, Thomas  D. Thompson, as a new  employee of the
   Federal Government at  the Department of the  Interior, Bureau of
   Indian Affairs, received  a travel authorization to  relocate, in
   October   1997,  to  his   official  duty  station,   within  the
   continental United States.   The travel authorization  stated, in
   part, that  the per  diem allowance for  the employee is  $80 and
   that temporary quarters  are authorized for one  week, if needed,
   due to unforseen  reasons.  The claimant arrived  at the official
   duty station, where he intended to move into Government quarters.
   Government quarters were  not available.  He rented  a hotel room
   for six  nights, until the  Government quarters were  readied and
   available, when he occupied them.   For the period while awaiting
   the   availability  of  Government  quarters,  he  sought  to  be
   reimbursed $393.77  for his lodging  costs, as well as  for meals
   and incidental expenses.   The agency denied the  request because
   regulation prohibits the reimbursement of expenses  for temporary
   quarters for new  employees.  The agency requests  that the Board
   waive  the regulations  and  provide  authorization  to  pay  the
   claimant.
 
        The agency  correctly reads  the  Federal Travel  Regulation
   (FTR),  which  specifies  that new  appointees  are  eligible for
   payment  only of specific  travel and transportation  expenses in
   relocating to  their first  official duty station.   41  CFR 302-
   1.10(a) (1997).  New appointees are not eligible to be reimbursed
   a temporary quarters  subsistence expenses (TQSE) allowance.   41
   CFR  302-5.5.    The  Government  is  not  bound  by  advice,  in
   contravention of statute  or regulation, given by  its employees,
   even  if  that  advice  was   detrimentally  relied  upon  by  an
   individual.  Federal  Crop Insurance Corp.  v. Merrill, 332  U.S.
   380 (1947).
        The  Board   lacks  the   authority  to   grant  relief   in
   contravention of statute  or regulation. The Board  may not waive
   regulations.     Kelly  A.  Wells,  GSBCA  14205-TRAV,  98-1  BCA
     29,603.   While the  Board concludes that  the record  does not
   establish  entitlement to the relief requested under statutes and
   regulations   pertaining  to   travel  and/or   relocation,  this
   conclusion  does not  foreclose relief  under  other statutes  or
   regulations utilizing  theories for relief  outside this  Board's
   authority.
 
 
 
                                        ____________________________
                                        JOSEPH A. VERGILIO
                                        Board Judge