Board of Contract Appeals
                    General Services Administration
                         Washington, D.C. 20405
 
 
 
                         _____________________
 
                              June 9, 1998
                         _____________________
 
 
                            GSBCA 14534-RELO
 
 
                  In the Matter of THOMAS F. PODLESAK
 
 
        Thomas F. Podlesak, Manassas, VA, Claimant.
 
        Timothy  W. Connolly,  Chief, Administrative  Law/Litigation
   Branch, United States Army Research Laboratory, Department of the
   Army, Adelphi, MD, appearing for Department of the Army.
 
   DeGRAFF, Board Judge.
 
        By statute,  agencies can  reimburse employees  for no  more
   than  120  days  of  temporary   quarters  subsistence  expenses.
   Government employees are not authorized to expend public funds in
   a manner not permitted by statute.
 
                               Background
 
        Thomas F. Podlesak is a civilian employee  of the Department
   of Defense  (DoD).  In  early 1997, DoD transferred  Mr. Podlesak
   from  Fort Monmouth,  New Jersey  to Adelphi,  Maryland.   In Mr.
   Podlesak's  travel authorization, DoD agreed to reimburse him for
   sixty  days of  temporary quarters  subsistence expenses  (TQSE).
   DoD  subsequently agreed  to two  thirty-day  extensions to  this
   initial sixty-day TQSE period.  DoD reimbursed Mr. Podlesak for a
   total of 120 days  of TQSE, beginning on March 17,  1997, when he
   reported for duty in Maryland, and ending on July 15, 1997.  
 
        Mr. Podlesak  says that, due  to delays by DoD  in approving
   his requests for  the extensions to his TQSE  period, he incurred
   additional TQSE  in good  faith from July  16 through  August 13,
   1997.   Mr. Podlesak also says  that DoD employees left  him with
   the impression  that DoD  would reimburse him  for more  than 120
   days of TQSE.  Mr. Podlesak asked DoD to reimburse him for $1,420
   of TQSE  that he incurred  between July 16  and August 13,  1997.
   DoD denied Mr. Podlesak's request and  he asks for our review  of
   DoD's decision.
 
                               Discussion
 
        Mr.  Podlesak realizes  that DoD  is limited  by statute  to
   reimbursing him for  120 days  of TQSE.   5 U.S.C.    5724a(a)(3)
   (1994).   Government employees cannot  expend public  funds in  a
   manner  not permitted  by statute,  so  DoD cannot  reimburse Mr.
   Podlesak  for  more than  120  days of  TQSE.   See  Federal Crop
   Insurance Corp. v.  Merrill, 332 U.S. 380 (1947). 
 
        Mr. Podlesak  asks whether we  know of any other  means that
   DoD can use  to reimburse him for  his expenses.  Although  we do
   not profess to be familiar with every source of funding available
   to each Government  agency, we  conclude that  DoD's decision  to
   reimburse Mr. Podlesak for his TQSE for 120 days, and no more, is
   all  that is  permitted by  the statute  that governs  claims for
   TQSE.
 
                                Decision
 
        The claim is denied.
   __________________________________
 
                                      MARTHA H. DeGRAFF
                                      Board Judge