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B-225263 1 (1988-06-28)

handle is hein.gao/gaobadndg0001 and id is 1 raw text is: SThe Comptroller General of the United States Wahington, D.C. 20548 Decision Rajindar N. Khanna - Waiver - Erroneous Relocation Matter of: Travel Advance File: B-225263 Date: June 28, 1988 DIGEST An appointee to a manpower shortage category position was issued orders erroneously authorizing reimbursement of relocation expenses as though he were a transferred employee, and he was given an advance of funds to cover some of those expenses. After he completed travel to his duty station the error was discovered. The employee has no legal right to reimbursement of the expenses of the house- hunting trip and temporary quarters subsistence expenses he incurred, even though the orders purportedly authorized reimbursement of these expenses, since the expenses were in excess of those prescribed by statute and the government is not bound by orders or advice contrary to the applicable statutes. The government's resulting claim against the employee for repayment of the travel advance can be considered for waiver under 5 U.S.C. S 5584 to the extent that (1) the advance was used for the erroneously authorized temporary quarters subsistence expenses and (2) the employee remains indebted to the government for repayment of the amounts advanced after the advance has been applied against the legitimate expenses. Since in this case the employee's legitimate expenses exceed the amount of the travel advance, however, there is no net indebtedness which would be appropriate for waiver consideration. DECISION A finance and accounting officer with the U.S. Army Corps of Engineers, Baltimore District, has requested an advance decision concerning the claim of Mr. Rajindar N. Khanna for certain relocation expenses he was erroneously authorized in his travel orders. For the reasons explained below, we hold that Mr. Khanna may not be reimbursed for the expenses he claims. Moreover, the government's claim for repayment of the funds Mr. Khanna received as a travel advance may not be waived for the reasons set forth below.

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