Board of Contract Appeals General Services Administration Washington, D.C. 20405 September 22, 1999 GSBCA 14976-RELO In the Matter of JOSEPH J. VIGGIANO Joseph J. Viggiano, Gurnee, IL, Claimant. Delores I. Moeller, Comptroller, Defense Security Service, Alexandria, VA, appearing for Department of Defense. BORWICK, Board Judge. Claimant, a civilian employee with the Defense Security Service of the Department of Defense, seeks reimbursement of temporary quarters subsistence expenses (TQSE) in connection with a permanent change of station (PCS) move. The agency denied claimant's request for reimbursement because claimant, having secured permanent quarters prior to his PCS move, had not demonstrated his eligibility under the Joint Travel Regulations (JTR) for reimbursement of TQSE. We sustain the agency's decision. The facts are as follows. On May 29, 1996, the agency authorized claimant's PCS from Fort Drum, New York to Chicago, Illinois and authorized a house hunting trip, reimbursement of TQSE, real estate expenses, and shipment of household goods (HHG). Claimant took a house hunting trip to Illinois and purchased a new home in Gurnee, Illinois, on August 9, 1996. Claimant sold most of his furniture and appliances and, in September 1996, moved from his old duty station to his new duty station. Claimant occupied temporary quarters, having been advised by agency personnel in Fort Drum that he would be eligible for fifty days of TQSE. Claimant explains he occupied temporary quarters from September 1 through October 11, because he could not move into his permanent residence without furniture and curtains. Claimant states that it took eight weeks for his new furniture and window treatments to be delivered. On January 1, 1998, claimant submitted a PCS travel voucher requesting reimbursement of $2548.56 for temporary quarters lodging cost and $2097.11 for meals. The agency denied those requests, concluding that claimant had not met eligibility requirements in the JTR for occupying temporary quarters because the employee had already secured permanent quarters. The JTR in effect during the relevant time frame authorizes TQSE when "it is necessary to occupy temporary quarters incident to an employee's transfer to a new duty station." JTR C13000 (Mar. 1996). That version of the JTR also provides, in pertinent part: Quarters occupied temporarily within the allowable time limit may be considered temporary quarters when their need is due to the fact that the permanent quarters for which the employee has made arrangements: a. have not been vacated by the present tenant, b. require repairs or alterations which have not been completed, c. are under construction. JTR C13001-A.[foot #] 1 We have noted before that the purpose of the TQSE allowance is intended to ease the transition from one duty station to another by allowing an employee to rent temporary quarters while attempting to secure a permanent place to live. Janet L. Hughes, GSBCA 13731-RELO, 97-1 BCA 78,691. JTR C13001-A defines the necessary conditions for a claimant to occupy temporary quarters when he or she has previously secured permanent quarters at the new duty station. Essentially, the new permanent quarters must be unavailable because they are occupied, under repair or under construction. Here, well before his PCS, claimant secured an available permanent residence at his new station, but, by selling his furniture and appliances at his old residence, rather than having them shipped to his new residence, rendered himself and his family unable to move into his new residence. Claimant, therefore, did not meet the JTR's eligibility requirements for TQSE and the agency acted correctly in denying the claim. Although an agency employee advised claimant that he would be eligible for fifty days of TQSE allowance, it is not clear whether that employee was speaking abstractly as to the TQSE entitlement generally available to relocated employees or with knowledge of the precise circumstances of claimant's move. Even if it were the latter, claimant is charged with notice of the contents of the JTR and his entitlement is therefore not enlarged ----------- FOOTNOTE BEGINS --------- [foot #] 1 The current version of the JTR is in substance the same for TQSE under the actual expense option. See JTR ___ 13205-B.4 (Mar. 1999)(Change 401). ----------- FOOTNOTE ENDS ----------- by the employee's supposed contrary advice. The Board sustains the agency's denial.[foot #] 2 __________________________ ANTHONY S. BORWICK Board Judge ----------- FOOTNOTE BEGINS --------- [foot #] 2 The record contains evidence that claimant is not satisfied with the agency's treatment of his claims for the expenses incurred in selling his old residence and for the expenses of his househunting trip. Claimant advised the Board that he was "appealing the decision to deny me payment for the temporary quarters as presented in my PCS Settlement Voucher. . . ." We do not consider these other issues because they are not before us.