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B-214596 1 (1984-08-29)

handle is hein.gao/gaobadlwn0001 and id is 1 raw text is: THE COMPTROLLER GENERAL OECIlUON OP THE UNITEO STATES WASHINGTON. 0. 0. 20548 FILE: B-214596 DATE: August 29, 1984 MATTER OF: Dale C. Williams - Household Goods Shipping Expenses - Erroneous Advice DIQEST: 1. Civilian employee of Department of Air Force transferred in October 1979 was erroneously advised and reimbursed for shipment of household goods in excess of applicable maxi- mum weight limitation of 11,000 pounds for civilian employees under 5 U.S.C. S 5724(a) (1976). Employee must repay amount of excess weight charges since additional weight allowance provided by 37 U.S.C. S 406 (1976) applies only to members of the uniformed services, not to civilian employees. 2. Civilian employee erroneously advised and reimbursed for household goods shipping expenses must repay amounts erroneously paid since no Government agency or employee has the authority to waive a statutory provision, and the Government is not estopped from repudiating erroneous advice or authorization of its agents. Since Federal employees are appointed and serve only in accord- ance with statutes, relocation expenses are governed by statute, not by principles of contract law. The fact that agency officials erroneously authorized reimbursement of expenses does not prevent recoup- ment, since a payment not authorized by statute will not form the basis for estoppel against the Government. 3. The indebtedness of a civilian employee erroneously advised con- cerning his maximum weight allowance may not be considered for equitable

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