In the Matter of JOYCE L. WILSON

August 9, 2017

CBCA 5633-RELO

In the Matter of JOYCE L. WILSON

Joyce L. Wilson, APO Area Europe, Claimant.

Ilona M. Keller, Office of the Deputy Chief of Staff, Civilian Personnel Directorate,

Department of the Army, APO Area Europe, appearing for Department of the Army.

RUSSELL, Board Judge.

On October 31, 2016, claimant, Joyce L. Wilson, was reassigned from a federal

position in Riyadh, Saudi Arabia, to an information technology position with the Army’s

Medical Activity in Germany. She initially stayed in a hotel but, on November 4, 2016,

moved to a temporary apartment.

Shortly thereafter, on November 9, 2016, her daughter passed away unexpectedly in

San Antonio, Texas. Ms. Wilson went to Texas to tend to this family emergency and, while

there, she became ill, requiring a hospital stay, emergency surgery, and an extensive

rehabilitation period. She returned to her position on December 29, 2016. However, she had

left her personal belongings in, and thus had not vacated, the off-post housing prior to

traveling to Texas. Her claim centers on the agency’s determination that she was ineligible

for a temporary quarters subsistence allowance (TQSA) from November 10 through

December 28, 2016, because she was away from her post of assignment during this period.

Discussion

“TQSA is intended to pay for reasonable subsistence expenses of an employee and

immediate family members while occupying temporary quarters when relocating to or from

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an overseas location.” Nhia Xiong, CBCA 5464-RELO, 17-1 BCA ¶ 36,644, at 178,462

(emphasis added). The granting of TQSA is authorized by the Overseas Differentials and

Allowances Act, 5 U.S.C. §§ 5921 - 5928 (2012), and implementing regulations established

by the Secretary of State under authority delegated from the President. Nhia Xiong, 17-1

BCA at 178,463.

The Department of State Standardized Regulations (DSSR), issued by the Secretary

of State, govern TQSA eligibility criteria. Id. An agency may approve provision of TQSA

to an employee recently transferred to a foreign area to assist with temporary lodging, meals,

laundry, and dry cleaning expenses. DSSR 121. TQSA may be extended to an employee

while on official travel away from post through the authorization of per diem. DSSR 126.2.

The allowance terminates on the ninety-first day following the employee’s arrival at post

unless the agency head has granted an extension, when the temporary quarters are no longer

occupied, on the date that the employee occupies permanent quarters, the date of the

employee’s departure under transfer orders, or the date that the employee separates from

federal service. DSSR 123.2.

Here, the agency approved TQSA for Ms. Wilson, and reimbursed her for TQSA

expenses during her initial period at post from October 31 through November 9, 2016, and

for a period following her return from the United States, from December 29, 2016, to

January 25, 2017. The agency argues, however, that governing regulations preclude it from

reimbursing Ms. Wilson for TQSA, specifically the cost for her temporary apartment off-post

which she had not vacated, for the period from November 10 through December 28, 2016,

when she was in the United States. Although we are sympathetic to the personal

circumstances precipitating Ms. Wilson’s temporary return to the United States, we conclude

that the agency is correct.

Ms. Wilson was not occupying the temporary apartment within the vicinity of her

post, nor was she on official business, from November 10 through December 28, 2016.

Thus, the agency acted pursuant to the governing statute and regulation in denying her TQSA

for this period. See Keith Hill, CBCA 5029-RELO, 16-1 BCA ¶ 36,295, at 176,996

(“[W]hen an employee is lodging many hundreds of miles from [her] duty station, [she] is

not eligible for TQSA.”). Ms. Wilson was faced with back-to-back devastating situations

causing her to leave and remain away from post for an extended period. She further argues

that the denial of TQSA will result in financial hardship. Unfortunately, these circumstances

cannot change the outcome. There is no statute or regulation authorizing either the agency

or the Board to circumvent the express provision of the DSSR that TQSA is intended to

cover certain expenses, for a limited period, while an employee is at post or, if away from

post, on official travel. John Chris Paitson, CBCA 5551-RELO, 17-1 BCA ¶ 36,719, at

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178,806. As the Board noted in a claim involving the denial of temporary quarters

subsistence expenses, the principle underlying this restriction is that “the Government cannot

. . . pay for travel expenses that are not wholly attributable to official business.” Robert O.

Jacob, CBCA 471-TRAV, 07-2 BCA ¶ 33,661, at 166,688.1

Accordingly, because Ms. Wilson’s travel to the United States for the period at issue

was personal, not related to official business, her claim is denied.

__________________________

BEVERLY M. RUSSELL

Board Judge

1

As appropriate, the Board looks at principles governing temporary quarters

subsistence expense allowances (TQSE) to determine the appropriateness of reimbursement

for TQSA expenses. Sean P. Tweed-Kent, CBCA 5528-RELO (July 11, 2017); Nicholas J.

Thacker, CBCA 4981-RELO, 16-1 BCA ¶ 36,231, at 176,766. “The TQSE allowance is

intended to reimburse an employee reasonably and equitably for subsistence expenses

incurred when it is necessary [for the employee] to occupy temporary quarters,” and applies

when the employee’s “new official station is located in the United States.” 41 CFR 302-6.3

to -6.4 (2016).