[Claim for Additional Expenses Within Backpay Award]

A Federal employee requested a review of a Claims Group decision which ruled that there had been no error in the computation of his backpay. The employee was awarded the backpay in connection with a Merit Systems Protection Board (MSPB) order to his agency to cancel his separation from the agency. The employee had contended to the Claims Group that, in addition to the backpay which he received, he was entitled to reimbursement of legal fees incurred in connection with his appeal to the MSPB and moving and storage expenses incurred in connection with his separation and reinstatement. He also contended that he should receive interest on his backpay award and that his severance pay should not have been deducted from his backpay award but rather should have been awarded to him as compensatory damages. GAO agreed with the Claims Group's decision that neither the Back Pay Act nor other applicable statutes provide for payment of interest, damages, or relocation expenses. The Act provides the employee compensation only for the amount to which he would have been entitled if the unjustified or unwarranted personnel action had not occurred. GAO found that the expenses for which the employee claimed reimbursement were not allowances he would have received if he had not undergone the erroneous personnel action. The question of the legal fees for which the employee sought reimbursement was still before MSPB and not for GAO consideration. Accordingly, the determination of the Claims Group was upheld.