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B-221657 1 (1986-03-25)

handle is hein.gao/gaobadmfz0001 and id is 1 raw text is: 1:56- THE COMPTROLLER GENERAL OINCII8IN 11OP THE UNITEO ITATUS ~WASHI NGTO N. 0.C. 20548 FILE: B-221657 DATE: March 25, 1986 MATTER OF: Daniel A. Grover - Real Estate Expenses - Post of Duty Outside United States OIGEST: 1. Employee relocating to St. Louis, Missouri, from a foreign post of duty may not be reimbursed for cost of breaking lease at prior duty station and cost of purchasing new home at new duty station. Both the old and new duty stations of a transferred employee must be located within the United States, and its territories and posses- sions to entitle him to reimbursement for real estate expenses under 5 U.S.C. S 5724a(a)(4). 2. Even if employee was advised incor- rectly by agency financial management officials that he was entitled to reimbursement for expenses incurred for breaking a lease and purchasing a home at his new duty station, there is still no basis for reimbursement where no statutory authority exists, since the Government may not be bound by the erroneous acts or advice of its employees. Mr. Thomas E. Garrison, an authorized certifying offi- cial of the Department of the Treasury, Customs Service, requests a decision concerning Daniel A. Grover, an employee of the Customs Service, on the propriety of the disallowance of real estate expenses in connection with a relocation. The United States Customs Service Financial Management Division did not approve the reimbursement of real estate expenses based on 5 U.S.C. S 5724a(a)(4) (1982), and the implementing regulations in paragraph 2-6-la of the Federal Travel Regulations, FPMR 101-7 (Sept. 1981), incorp. by ref., 41 C.F.R. § 101-7.003 (1985). We hold that the real estate expenses may not be reimbursed. Mr. Grover received a letter of acceptance dated April 24, 1985, confirming his relocation from the Port of

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