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B-193395 1 (1979-10-31)

handle is hein.gao/gaobadjaz0001 and id is 1 raw text is: r~ ~ / C'13 - THE COMPTROLLER GENERAL r- DECISION O F THE UNITED STATES WASHINGTON, 0. C. 213546 VNIT V DATE: October 3J, .9T9 MATTER OF: Ledolph Baer - Appointee - Shortage Category Relocation DIGEST: Manpower shortage appointee of. the National Oceanic and Atmospheric Administration is entitled only to travel expenses (including per diem) for himself, transportation expenses of his immediate family, and.shipment of his household goods to his official station notwithstanding that he was erroneously told he was entitled to other expenses, since the Government cannot be bound beyond actual authority conferred upon its agents by statute and regulation. ISSUES DECIDED It is determined here that error made by an agency in informing an appointee in a shortage category that he was entitled to per diem for family members and miscellaneous expenses provides no authority to reimburse the employee for these expenses which are in excess of those permitted under 5 U.S.C. 5723. The Federal Travel Regulations (FTR) (FMPR 101-7, May 1973) specifically preclude payment. FACTS Dr. Ledolph Baer, incident to his appointment to a position in a manpower shortage category at the National Oceanic and Atmospheric Administration (NOAA), was authorized relocation expenses from San Diego, California, to Rockville, Maryland, by a travel order approved September 6, 1974. Dr. Baer was erroneously informed that his travel authorization included per diem for himself and his family for up to 30 days at the new duty station and miscellaneous expenses. The travel authorization does not show entitlement to these expenses. However, the estimated cost of per diem on the travel authorization appears to be 1IV~7L4~ ~=6247Z~ FILE-: B-1L 3J.95

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