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B-236008 1 (1991-05-07)

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          Decision



          Matter of:     Major Gerald A. Lechliter, USA

          File:          B-236008

          Date:          May 7, 1991


          DXCISION

          This decision is in response to a request from Major Gerald A.
          Lechliter for reimbursement under the provisions of the
          Meritorious Claims Act of $4,006.10 in housing costs. The
          loss was caused by erroneous advice provided by the U.S. Army
          Housing Referral Office (HRO), Garmisch, Germany.

          When Major Lechliter and his wife arrived in Garmisch,
          Germany, on a permaneht chkige of station transfer in
          July 1983, the -local HRO furnished a statement of nonavail-
          ability of gove'rnment quarters, calculated his entitlement
          (Basic Allowance for Quarters and Rent Plus) to be
          approximately $700 per month and assisted him in leasing
          quarters. On July 20, 1983, the member signed a 21 month
          lease with rental costs of approximately $700 per month. The
          lease was later extended 2 months because the member's
          overseas tour was extended.

          On September 14, 1983, after occupying the leased quarters,
          Major Lechliter was advised that the HRO had overestimated his
          entitlement by $234 per month. The member's efforts to
          terminate the lease or reassign it to the Army proved
          unsuccessful.
          The member argues that the reason for his loss was the
          erroneous computation by the HRO and if he had known the
          proper entitlement he would have leased less expensive
          quarters.
          There is nostatutory authority for payment of a member's
          housing'\expenses which exceed his quarters and overseas
          huusing~allowance and thus no legal basis for granting
          Major Lechliter's claim for these expenses. Col. Edward P.
          Cutolo, USA, B-197982, Feb. 26, 1981. Here, the member's
          proper allowance was the reduced entitlement. With regard to

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