________________________ August 13, 1998 ________________________ GSBCA 14608-RELO In the Matter of WILLIAM H. WINN, JR. William H. Winn, Jr., Warner Robins, GA, Claimant. Daniel D. Myers, Acting Chief, Personnel Management, Civilian Personnel and Programs, Wright-Patterson Air Force Base, OH, appearing for Department of the Air Force.. GOODMAN, Board Judge Claimant, William H. Winn, Jr., is a civilian employee of the Department of the Air Force. Claimant seeks additional temporary quarters subsistence expenses (TQSE) in excess of the 120 days which were allowed to accomplish a permanent change of station (PCS) move, alleging that he was delayed in entering on duty at his new duty station as the result of the additional time required to investigate and update his security clearance. We deny the claim. Claimant s official duty station was McClellan Air Force Base in California. He was offered a new position at Warner Robins Air Force Base (Robins AFB) on December 1, 1997. He accepted this position on December 4, 1997. Travel orders were issued dated January 7, 1998, with a report date of February 17, 1998 to the new duty station. TQSE was authorized for an initial sixty day period with ninety days storage of household goods (HHG), and a house hunting trip was authorized. Claimant commenced his first TQSE period on February 4, 1998. This sixty- day period would have expired on April 4, 1998. On February 5, 1998, a restriction on claimant's security clearance was discovered, after his PCS orders were issued and his household goods shipped. On February 6, 1998, a new report date of March 16, 1998 was established pending completion of the investigation for the security clearance, and an additional thirty-day period of TQSE was authorized, to expire on May 4, 1998. On March 12, 1998, amended orders were issued with a new report date of April 13, 1998, and an additional thirty-day period of TQSE was authorized, bringing the total TQSE authorized to 120 days. According to correspondence to the Board from the agency, TQSE was to expire on June 4, 1998. According to claimant, he had been advised that TQSE would expire on May 25, 1998, because the agency had advised him he must deduct his house hunting trip from the TQSE period.[foot #] 1 On April 30, 1998, claimant s orders were amended with a new report date of May 15, 1998. On May 7, 1998, claimant was granted a total of 180 days for temporary storage of HHG. Amended orders were issued on June 8, 1998, with an amended report date of June 22, 1998[foot #] 2 and travel to commence on June 12, 1998. Until this time, claimant had remained in California in hotels, as his HHG had been shipped in February. When claimant arrived in Georgia on June 19, 1998, he and his family stayed in a one bedroom apartment from June 19 to July 1, 1998. On July 1, 1998, they moved into a larger apartment where they have remained until the filing of this claim. Claimant seeks additional TQSE for eighteen days he had to pay while waiting for the security clearance. Apparently, this is the eighteen-day period from May 26 to June 12, 1998 - the day after he alleges his TQSE expired through the day he left California to travel to his new duty station. Claimant also seeks an extension of the TQSE period for the 60 days allowed for setting up [a] new residence in Warner Robins, Ga. Prior to leaving California, claimant sought an extension of the TQSE period in excess of the 120 days granted. The agency responded by letter dated July 2, 1998, as follows: Based upon Mr. Winn's circumstances, McClellan AFB granted him an initial 60 days of TQSE and upon his request, an additional 60 days for a total of 120. Mr. Winn's request for additional time beyond 120 days was denied by McClellan AFB which resulted in his appeal to our office . . . [which] affirmed the decision of McClellan AFB. Our decision was based on guidance in t h e J T R V o l . 2 , C 1 3 0 0 4 , P a r a A.2.[[foot #] 3], which states that the ". . . total period of time in temporary quarters will not ----------- FOOTNOTE BEGINS --------- [foot #] 1 Joint Travel Regulation (JTR) C13110 requires the number of days used for a house hunting trip to be deducted from the initial period of TQSE. [foot #] 2 Apparently, the security clearance investigation was completed, as claimant did enter on duty at the new duty station as directed in these final orders. [foot #] 3 The agency s prior decision referenced JTR C13115-B.4, the relevant regulation, which reads, TQSE may not be paid for more than a total of 120 days under any circumstances. The regulation cited in the agency s July 2, 1998 letter is the previous version of the regulation. ----------- FOOTNOTE ENDS ----------- exceed 120 days under any circumstances," and implements the requirements of [statute] . . . . Mr. Winn did use the maximum authorized under these rules and statutes and we have no authorization to provide him the relief he is seeking. The agency is correct that it is limited by statute to reimbursing claimant for 120 days of TQSE. 5 U.S.C. 5724a(c) (West Supp.1998), and the JTR reiterates this limitation. In Thomas F. Podlesak, GSBCA 14534-RELO (June 9, 1998), an employee was allowed the maximum 120 days of TQSE and sought additional expenses. This Board held: Government employees cannot expend public funds in a manner not permitted by statute, so the agency cannot reimburse claimant for more than 120 days of TQSE. See, Federal Crop Insurance Corp. v. Merrill, 332 U.S. 380 (1947). . . . [W]e conclude that DoD's decision to reimburse [claimant] for his TQSE for 120 days, and no more, is all that is permitted by the statute that governs claims for TQSE. We realize that the restriction on claimant s security clearance was not discovered until claimant s initial TQSE period commenced, and several delays thereafter resulted in claimant s use of his TQSE before he reported to his new duty station. Claimant has been allowed the maximum TQSE reimbursement pursuant to statute and regulation. Accordingly, we can find no basis for granting claimant the additional TQSE he requests. The claim is denied. _________________________ ALLAN H. GOODMAN Board Judge