Board of Contract Appeals General Services Administration Washington, D.C. 20405 August 4, 1999 GSBCA 14953-RELO In the Matter of PARUL PATEL Parul Patel, Ellicott City, MD, Claimant. Susan C. Lauga, OF&M National Finance Center, Department of Agriculture, New Orleans, LA, appearing for Department of Agriculture. GOODMAN, Board Judge. Claimant, Parul Patel, is an employee of the Department of Agriculture. The agency denied her claim for reimbursement of temporary quarters subsistence expenses (TQSE) for her and her children, and she has requested review by this Board of the agency s determination. In late 1997, claimant made a permanent change of station (PCS) move from Orlando, Florida, to Riverdale, Maryland. Claimant states: I acted on information and guidance provided to me by the [agency] travel staff in Riverdale . . . which I took to be sound, and on which I relied on to plan my family s move . . . . The relocation information packet . . . I received did not address particulars such as when I/my family members could begin our temporary quarters status, or my delaying going into temporary quarters until my family joined me. Claimant states that she was informed that, as an employee, her time period for temporary quarters status would begin upon her reporting date at her new position (her request to postpone the start of her temporary quarters period for thirty days or until her family arrived in Maryland was denied), and that the initiation of the time period for temporary quarters of other members of her immediate family would begin upon their arrival into temporary quarters, and would be independent of the initiation of her temporary quarters time period. Claimant now recognizes that she received erroneous information from the agency. Pursuant to the Federal Travel Regulation, the eligibility period for which the employee is authorized to claim actual TQSE reimbursement for the employee and for each member of the employee s immediate family must run concurrently. The relevant regulation reads as follows: May the period for which I am authorized to claim actual TQSE reimbursement for myself be different from that of my immediate family? No, the eligibility period for which you are authorized to claim actual TQSE reimbursement for yourself and for each member of your immediate family must run concurrently. 41 CFR 302-5.109 (1997). Claimant submitted travel vouchers for reimbursement of TQSE which she incurred from December 9, 1997, until April 7, 1998, and for her two children from March 31, 1998, until April 7, 1998. Additionally, she submitted a claim for her children for TQSE from April 8 through May 29, 1998. She was reimbursed for herself and her children through April 7, 1998, but TQSE for her children from April 8 through May 29, 1998 was denied pursuant to regulation. Claimant requests reimbursement for this period and asks this Board to review the agency s decision denying the reimbursement. The agency s response to the claim filed with this Board reads as follows: It is obvious from the documentation you received that the employee . . . was erroneously informed of her travel rights. The [agency] in accordance with the Federal Travel Regulation[ ] and 41 Code of Federal Regulation[s] (CFR) 302.5, would still deny the claim because it is outside of the temporary quarters time allowed. Both the claimant and the agency agree that claimant received erroneous advice. Even so, erroneous advice from a Government employee does not afford claimant relief in this matter. That claimant was misinformed by a Government official provides no legal basis for the payment of a claim for which there is no authority. It is a well-settled rule of law that the Government cannot be bound by the erroneous advice or action of its agents. John J. Cody, GSBCA 13701-RELO, 97-1 BCA 28,694 (1996); Kevin S. Foster, GSBCA 13639-RELO, 97-1 BCA 28,688 (1996). Under the facts as presented by claimant, she is not entitled to reimbursement of the TQSE she seeks. However, claimant may be able to recover additional funds if she revises her travel voucher to claim TQSE for a period during which her two children occupied temporary quarters, i.e, between March 31, 1998, and May 29, 1998. The time limits for beginning and ending TQSE are as follows: What is the latest the period for which I claim actual TQSE reimbursement may begin? The period must begin before the maximum time for beginning allowable travel and transportation under 302-1.6 of this chapter expires.[[foot #] 1] 41 CFR 302-5.103 (1997). * * * ----------- FOOTNOTE BEGINS --------- [foot #] 1 Section 302-1.6 provides: Time limits for beginning travel and transportation. All travel, including that for the immediate family, and transportation, including that for household goods allowed under this chapter, shall be accomplished as soon as possible. The maximum time for beginning allowable travel and transportation shall not exceed 2 years from the effective date of the employee's transfer or appointment, except that: (a) The 2-year period is exclusive of the time spent on furlough for an employee who begins active military service before the expiration of such period and who is furloughed for the duration of his/her assignment to the post of duty for which transportation and travel expenses are allowed; (b) The 2-year period does not include any time during which travel and transportation is not feasible due to shipping restrictions for an employee who is transferred or appointed to or from a post of duty outside the continental United States; and (c) The 2-year period shall be extended for an additional period of time not to exceed 1 year when the 2-year time limitation for completion of residence transactions is extended under 302-6.1(e). ----------- FOOTNOTE ENDS ----------- When does my authorized period for claiming actual TQSE reimbursement end? The period ends at midnight on the earlier of: (a) The day preceding the day you and/or any member of your immediate family occupies permanent residence quarters. (b) The day your authorized period for claiming actual TQSE reimbursement expires. 41 CFR 302-5.108 (1997). The agency should not have denied claimant's request to postpone the start of the period for which she seeks to recover TQSE. If claimant would recover additional funds by deeming her TQSE period to include the time that her two children were in temporary quarters, she may revise her travel voucher accordingly. Any funds previously paid to her should be credited against her revised claim. We leave it to the claimant and the agency to determine what additional funds, if any, would be due. ______________________ ALLAN H. GOODMAN Board Judge