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[Claim for Reimbursement of Dependent's Travel Expenses]

B-206654 Dec 06, 1982
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Highlights

A Drug Enforcement Administration employee protested a Claims Group decision which disallowed his claim for reimbursement of his dependents' travel expenses incurred when they traveled overseas to assume residence with him at his duty station. When the employee's travel orders were initially issued, they authorized transportation for his dependent children. However, prior to his departure, he was informed by his agency that his children's travel was not authorized because they were not members of his household but resided with his ex-wife. In response to an inquiry, an agency official informed him that he would be entitled to allowances if his divorce decree granted him custody or joint custody of his children. Later, the employee's divorce decree was so modified, and his daughters traveled overseas to assume residency with him. However, the agency denied payment for the children's transportation expenses. Under Federal Travel Regulations, entitlement to transportation for an employee's family covers only those family members who were members of the employee's household at the time he reported for duty at the new duty station. Therefore, the agency gave the employee erroneous advice as to his entitlement to travel expenses when he received custody of the children, and the Government cannot be bound by the erroneous advice of its agents. Since the employee's children were not members of his household at the time he reported for duty overseas, he was not entitled to reimbursement for their transportation. Accordingly, the determination of the Claims Group was sustained.

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