Board of Contract Appeals
                    General Services Administration
                         Washington, D.C. 20405
 
 
 
                    ________________________________
 
                            October 12, 1999
                    ________________________________
 
 
                            GSBCA 14965-RELO
 
 
               In the Matter of  ROBERT L. DOUGLASS,  JR.
 
 
        Robert L. Douglass, Jr., Jacksonville, FL, Claimant.
 
        Judy Hughes, Travel  Policy, Defense Finance and  Accounting
   Service, Columbus  Center, Columbus, OH, appearing for Department
   of Defense.
 
   WILLIAMS, Board Judge.
 
        The  agency  properly  denied  reimbursement  for  temporary
   quarters subsistence expenses (TQSE) for the time period in which
   claimant and his  family did not  vacate their former  residence,
   even  though an agency employee erroneously advised claimant that
   he could recoup such expenses.
 
                               Background
 
        Claimant, Robert L. Douglass, Jr., a  civilian employee with
   the  Department  of  Defense,   was  transferred  from   Oakland,
   California,  to Jacksonville, Florida.   In conjunction  with his
   transfer, claimant was authorized to obtain  TQSE for fifty days.
   Claimant  was scheduled  to report  to  his new  duty station  on
   October 29,  1995,  and  vacate   his  apartment  on  October 19.
   However, on October 18,  1995, claimant's spouse was  involved in
   an automobile  accident, and  at claimant's  request, his  travel
   orders were amended to change his reporting  date to November 20,
   1995.
 
        After  his spouse's  car  accident, claimant  contacted  his
   agency's  Human Resources Office in Jacksonville and was informed
   that he and his family could remain in their apartment in Oakland
   and receive TQSE  benefits.  Claimant and his  family, therefore,
   continued to  occupy his residence  at the old duty  station from
   October 19 until November 12 and sought reimbursement of $474 for
   rental  costs,  $1695.76  for meals,  and  $18  for miscellaneous
   expenses.  The agency  denied these expenses and has asked  us to
   render an opinion on the propriety of this decision.
 
                               Discussion
 
        The  law is  clear.  TQSE  may be  paid only for  the period
   during  which  a  transferred  employee  is  "occupying temporary
   quarters."       5 U.S.C.        5724a(a)(3)    (1994).[foot #] 1
   At   the  time  of  claimant's  transfer,  the  regulation  which
   implements  this  statute, the  Federal Travel  Regulation (FTR),
   provided  that "the  term temporary  quarters  refers to  lodging
   obtained from  private or commercial  sources for the  purpose of
   temporary occupancy  after vacating  the residence  occupied when
   the transfer was authorized."  41 CFR 302-5.2(c) (1995) (emphasis
   added);    see    also    Joint    Travel    Regulations    (JTR)
   C13000.[foot #] 2   Because   claimant   and   his   family   did
   not  vacate  their   former  residence  between  October 19   and
   November 12, 1995, the  agency may not pay TQSE  for that period.
   Patricia A. Tobin, GSBCA 14483-RELO, 98-1 BCA    29,663; Blase J.
   Cianfrani,  GSBCA 14426-RELO,  98-1  BCA      29,726;  Randall L.
   Thurman,  GSBCA 14067-RELO, 97-2 BCA    29,160; Karl  A. Hoglund,
   GSBCA 13716-RELO, 97-1 BCA   28,716 (1996).
 
        The  fact  that  agency personnel  advised  claimant  to the
   contrary, while unfortunate,  does not change the result.   As we
   have  consistently held, the  Government may not  expend taxpayer
   monies in violation of statute or regulation.  Patricia A. Tobin,
   98-1 BCA at 113,887.
 
                                Decision
 
        The claim is denied.
   ________________________________
 
                                      MARY ELLEN COSTER WILLIAMS
                                      Board Judge
 
                                                                    
                   ----------- FOOTNOTE BEGINS ---------
 
        [foot #] 1 This statute was amended by the Federal  Employee
   Reform Act of  1996, Pub. L. No. 104-201,     1711-12, 110  Stat.
   2752, 2753  (1996).  This  provision now appears at  5 U.S.C.A.  
   5724a(c)(1)(A) (Supp. IV 1998).
 
        [foot #] 2 Both the FTR and the JTR provisions have recently
   been amended.  These revisions,  however, are of no  significance
   for this case since  they are inapplicable to the period  in 1995
   for which claimant is seeking TQSE.