Board of Contract Appeals

                 General Services Administration

                      Washington, D.C. 20405







                 ________________________________



                           July 24, 2003               

                 ________________________________





                         GSBCA 16150-RELO





                 In the Matter of JACQUES E. MOSS





     Jacques E. Moss, Fort Hood, TX, Claimant.



     Judy Hughes, Travel Pay Services, Systems and Procedures, Defense Finance and

Accounting Service, Columbus, OH, appearing for Defense Finance and Accounting Service.



PARKER, Board Judge.



                            Background



     Jacques E. Moss was transferred by his employer, the Department of Defense (DoD),

from Germany to Fort Hood, Texas, in December 2002.  In Texas, Mr. Moss registered the

car he had had shipped from Germany.  The registration fee was $2,420.



     As partial reimbursement for the registration fee, Mr. Moss received a miscellaneous

expenses allowance of $1139.20, which is equal to two weeks of his basic pay.  Mr. Moss

has asked the Board to review DoD's decision not to reimburse the entire fee.  In support of

his claim, Mr. Moss points out that he was informed prior to the move, by a person in

Germany and by one in Texas, that he would be reimbursed for the registration expense.



                            Discussion

     

     An employee who is transferred in the interest of the Government is entitled to

reimbursement for certain miscellaneous expenses.  5 U.S.C.   5724(f) (2000).  This

entitlement is implemented by part 302-16 of the Federal Travel Regulation (FTR).  The

Joint Travel Regulations (JTR), which implement and supplement the FTR for civilian

employees of the Department of Defense, also provide for payment of a miscellaneous

expenses allowance in connection with an authorized permanent change of station.  The

purpose of the miscellaneous expenses allowance is to defray various contingent costs

associated with discontinuing a residence at one location and establishing a residence at a

new location.  41 CFR 302-16.2 (2002); JTR C9000.  The types of costs covered include

such items as fees for disconnecting and connecting appliances, cutting and fitting rugs

moved from one residence to another, unrefunded utility fees or deposits, forfeiture losses

on medical, dental and other non-transferrable contracts, and costs of automobile registration

and driver's license.  41 CFR 302-16.1; JTR C9000.  A transferring employee with an

immediate family is automatically entitled to the lesser of $1000 or two weeks' basic pay. 

If additional amounts are justified, miscellaneous expenses may be reimbursed up to a

maximum of two weeks' basic pay, not to exceed the maximum rate payable for a position

at GS-13 of the General Schedule.  5 U.S.C.   5724(f)(l), (2); 41 CFR 302-16.103;

JTRC9004.  See Troy W. Cavenee, GSBCA 15635-RELO, 02-1 BCA   31,683; Samuel G.

Baker, GSBCA 15408-RELO, 01-1 BCA   31,276; John McAveney, GSBCA 15202-RELO,

00-1 BCA   30,818.



     Mr. Moss is not entitled to additional reimbursement because he has already been

paid the maximum miscellaneous expenses allowance permitted by law -- an amount equal

to two weeks' basic pay.  The fact that Mr. Moss may have been advised that he would be

paid more does not change this result.  It is well-settled that a Government official may not

obligate the Government to spend money in violation of statute or regulation.  E.g., Kevin S.

Foster, GSBCA 13639-RELO, 97-1 BCA   28,688 (1996).  In other words, erroneous

advice, although unfortunate, cannot create an entitlement where none exists.  Aman B. Kay,

GSBCA 15543-RELO, 01-2 BCA   31,508; Barbara A. Caviness, GSBCA 15390-RELO,

01-2 BCA   31,498.



                             Decision



     The claim is denied.







                                   ______________________

                                   ROBERT W. PARKER

                                   Board Judge