Claim for Transportation and Relocation Expenses

The Director of Financial Management of the Department of Education requested a decision on the propriety of the agency's denial of transportation and relocation expenses incurred by an employee in connection with a permanent change of station. The director also requested a determination on the merits of the employee's contention that he be granted relief from financial liability on the basis of equitable estoppel under a Supreme Court decision. The liability resulted when the agency erroneously reimbursed the employee for his transportation expenses. GAO held that the employee was not entitled to reimbursement for real estate expenses, because the settlement dates on the residence sale and purchase transactions were not within the statutory time limitation of 2 years following the effective date of his change of station. Similarly, the employee was not entitled to the transportation expenses for shipping his household goods, because they were received by the carrier more than 2 years after he reported to his new duty station. Concerning the employee's contention that he was entitled to relief from liability on the basis of equitable estoppel, GAO grants relief on the basis of equity only where such jurisdiction is specifically granted by statute. An applicable statute specifically excludes the waiver of travel and transportation expenses and allowances and relocation expenses payable under another statute. Accordingly, there was no statutory authority to allow the employee's claim for real estate expenses or to waive the debt.