Board of Contract Appeals
                    General Services Administration
                         Washington, D.C. 20405
 
 
 
            _______________________________________________
 
                             June 26, 1998
            _______________________________________________
 
 
                            GSBCA 14505-RELO
 
 
                    In the Matter of DAVID B. DAPKUS
 
 
        David B. Dapkus, Arab, AL, Claimant.
 
        Robert  H.  Garfield, Chief,  General  Law  Division, United
   States Army Aviation  and Missile Command, Redstone  Arsenal, AL,
   appearing for Department of the Army.
 
   BORWICK, Board Judge.
 
        Under  the Base Realignment  and Closure (BRAC)  program, in
   February  1997,   the United  States  Army transferred  claimant,
   David B. Dapkus, from  St. Louis, Missouri, to  Redstone Arsenal,
   Huntsville,  Alabama .  The agency granted claimant reimbursement
   of permanent  change of  station (PCS)  expenses, including  real
   estate "authorized per JTR [the Joint Travel Regulations]."  
 
        Before the move, the agency distributed pamphlets and advice
   to  its  employees essentially  informing them  that entitlements
   were  to be  based  upon the  JTR; when  the  agency discussed  a
   particular   entitlement,  it   referenced   the  JTR   provision
   applicable to that entitlement.  
 
        Claimant sold his house in Missouri and purchased a house in
   Alabama.  He financed his  purchase with a Department of Veterans
   Affairs (VA) mortgage loan and  incurred a VA funding fee expense
   of $3,975.  He seeks reimbursement of that amount.
 
        The  agency denied  the  claim because  the  VA funding  fee
   expense was not  reimbursable under the JTR.   Claimant maintains
   that,  because  transfers  under the  BRAC  program  were "forced
   moves," the JTR does not apply.   
 
        The  JTR  specifically  lists  VA  funding  fees  as  a  non
   reimbursable item  of expense.   JTR  C14002-A.4.b.(7).   We have
   consistently held that  the VA funding fee is  a non reimbursable
   expense    under    both    the   Federal    Travel    Regulation
   (FTR)[foot #] 1  and   the  JTR.     Charles   E.  Piper,   GSBCA
   14299-RELO  (Apr. 21, 1998);  Peter C. Wagner,  GSBCA 13907-RELO,
   97-1 BCA   28,793.  The provisions of the JTR apply to Department
   of Defense civilian  officials and their  employees.  JTR  C1000.
   While we  sympathize with  claimant concerning  his forced  move,
   there is no  statutory or regulatory exception to  the VA funding
   fee prohibition for  those employees whom the  agency transferred
   under the BRAC program. [foot #] 2
 
 
         Claimant is not entitled to recover.
 
 
 
                                 __________________________
                                 ANTHONY S. BORWICK
                                 Board Judge
 
                                                                    
                   ----------- FOOTNOTE BEGINS ---------
 
        [foot #] 1 The applicable provision  of the FTR is  found at
   41 CFR 302-6.2(d)(1)(i) (1997).  
 
        [foot #] 2 Claimant initially maintained that he was told at
   town-hall meetings that all expenses incurred because of the BRAC
   move  were  reimbursable.   In  a  later  letter to  this  Board,
   claimant states that "my appeal is not based on what we were told
   or the handouts we received."  The Government is not bound to pay
   monies  for expenses incurred  by its employees'  oral or written
   advice that violates statutory or regulatory prohibitions.  Kevin
                                                               _____
   S. Foster,  GSBCA 13639-RELO, 97-1  BCA   24,688.   Regardless of
   _________
   the oral advice presented at the town-hall  meetings, the written
   information  provided  the  employees was  clear  and  correct in
   stating that entitlements were to be determined by the JTR.