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B-200090 1 (1981-02-10)

handle is hein.gao/gaobadjci0001 and id is 1 raw text is: DECISION FILE: B-2000 MATTER OF: DIGEST: THE COMPT FLLERcNIEAL , . OF THE UNITED STATES Zl WASH IN GTO N_ 0. C. 2054 8 90 OATE: February 10, 1981 Joseph P. Carrigan - Living Quarters Allowanc:e Civilian employee of Department of the Army claims that Government is estopped to adjust his Living Quarters Allowance in accordance with 1974 revision of Depart- ment of State Standardized Regulations (Government Civilians, Foreign Areas) because his entitlement to the allowance vested under terms and conditions of 1967 regulations. Claim is denied because doctrine of equitable estoppel does not apply in cases where, as here, the rela- tionship between the Government and the employee is not contractual but appointive, and, pursuant to statute, allowance in question is ultimately discretionary and creates no permanent entitlement for any employee. Also, employee entered into licensing agreement, not a contract, when he constructed portable home on Government property, and such agreements are per- missive, unassignable, and can be cancel- led at any time. G. F. Kallina of the United States Army Finance and Accounting Office, Japan, has submitted for our resolution the claim of Mr. Joseph P. Carrigan, a civilian employee of the Department of the Army, for retroactive payment of the rental portion of his Living Quarters Allowance subsequent to August 1978. In view of controlling regulations and in accordance with our analysis here, Mr. Carrigan's claim may not be certified for payment. The chronological development of Mr. Carrigan's claim as set forth in the administrative record is as follows. In 1967, as a civilian employee within the command of the United States Army Japan (USARJ), Mr. Carrigan constructed an on-post portable house for self-occupancy within the meaning of and in accordance with the prevailing command policy on family housing at that time. The USARJ letter, subject: Family

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