Request for Reconsideration Concerning Claim for Expenses

A civilian employee of the Navy, who was transferred to a post in the United States from overseas, requested reconsideration of a Claims Group denial of his claim for temporary quarters subsistence expenses in connection with his transfer. He also claimed real estate expenses which were incurred in connection with the sale of his home in another U.S. location. The employee's travel orders erroneously indicated that he was authorized temporary quarters subsistence expenses not to exceed 90 days. Real estate expenses were also authorized. His claim for temporary quarters subsistence expenses for a period in excess of 30 days was disallowed by the Navy. The Claims Group confirmed the disallowance because authorization of temporary quarters subsistence expenses is limited to a period of 30 days. GAO concurred with this assessment and, since the limitation is statutory, it could not be waived. Further, entitlement to such expenses in excess of the statutory limitation cannot be predicated on erroneous advice or erroneous travel orders. His claim for real estate expenses was administratively disallowed, because such expenses may be paid only when both the old and the new duty stations are located in the United States or other designated areas. The employee claimed that the real estate expenses could be paid because he was transferred from overseas to the duty station where he sold his home and then to another station. He claimed that he had return rights to his home duty station, which he forfeited in accepting the transfer to his new post in the United States. However, the concept that reemployment rights constitute the definition of duty station for purposes of transfer has been rejected in prior decisions. Accordingly, the action of the Claims Group in denying the reimbursement of additional temporary quarters subsistence expenses was sustained, and the employee was denied reimbursement for his real estate expenses.