In the Matter of RICHARD K.

March 16, 2026

CBCA 8547-RELO

In the Matter of RICHARD K.

Richard K., Claimant.

Olga Schwenke, Human Resources Specialist, Civilian Personnel Employee Relations

Section, 86th Force Support Squadron, 86th Airlift Wing, Department of the Air Force, APO

Area Europe, appearing for Department of the Air Force.

NEWSOM, Board Judge.

Claimant seeks reimbursement for expenses that he incurred during an approximately

eleven-day stay in temporary quarters in Germany. The question presented is whether he is

entitled to Temporary Quarters Subsistence Allowance (TQSA) following his separation

from federal service. Because the law does not permit an employee to collect TQSA after

separation from federal service, the Board denies the claim.

Background

This is another unfortunate instance, of which there are far too many, in which a

federal employee relied on incomplete advice about eligibility for benefits, in this case

TQSA, only later to learn that the applicable regulations render the employee ineligible.

Claimant was a civilian employee of the Department of the Air Force (Air Force) with

a duty station in Germany. Claimant states that, in approximately June 2024, he submitted

paperwork for a disability retirement. Claimant reports that two separate government

agencies mishandled his retirement papers, delaying his retirement. He resubmitted his

disability retirement papers in December 2024, requesting a separation date of January 11,

2025.

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Meanwhile, Air Force personnel advised claimant that he was entitled to TQSA for

up to thirty days prior to his departure from Germany. While that advice was correct so long

as claimant remained a federal employee, that advice did not take into account that claimant

was planning to retire on January 11, 2025. It is unclear whether the personnel providing the

advice were aware that claimant was not simply relocating but was separating from federal

service. In any event, no one advised claimant that TQSA benefits would cease once he

separated from service.

On or about January 7, 2025—just a few days before his retirement—the Air Force

issued permanent change of station (PCS) orders authorizing payment of TQSA. Claimant

retired on January 11, 2025, but continued to engage with Air Force personnel regarding

TQSA. On January 22, 2025, the Air Force provided him with detailed rate information

about TQSA benefits, even though, by then, he was no longer eligible for TQSA. After his

separation from federal service, claimant resided in temporary lodging, from March 31, 2025,

to April 10, 2025, while he arranged his move back to the United States.

When claimant sought reimbursement for this temporary lodging, totaling $4682.50,

the Air Force advised claimant that he was not eligible for TQSA after his separation date.

Claimant seeks review of that determination.

Discussion

The Overseas Differentials and Allowances Act, 5 U.S.C. §§ 5921–5928 (2018), and

its implementing regulations in the Department of State Standardized Regulations (DSSR)

authorize agencies to provide TQSA for employees who are relocating to or from an overseas

duty assignment. Hollie P., CBCA 8208-RELO, 25-1 BCA ¶ 38,746, at 188,372.

The DSSR defines the periods for which employees may receive TQSA. The

regulations provide that TQSA granted immediately preceding the employee’s final departure

from his post shall terminate as of the earliest of the following dates:

a.

on the 31st day following commencement of the grant unless an

extension is authorized under Section 122.2 by the head of agency;

b.

the date expenses for temporary lodging are no longer incurred;

however, see Section 124.33 for employee occupying no cost temporary

quarters;

c.

the date of the employee’s departure, or the date of departure of family

members if later, under transfer orders. Where the employee’s departure for

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transfer precedes that of family members, the temporary quarters subsistence

allowance at the previous post shall not extend beyond the date preceding the

date of the arrival of the new employee at the new post; or

d.

the date of separation from a Federal agency.

DSSR 124.2 (emphasis added). The regulation is unambiguous; an employee cannot recover

TQSA after separation from federal employment.

The claimant’s separation from his position occurred on January 11, 2025, and he

seeks TQSA for the period of March 31, 2025, to April 11, 2025. Accordingly, the claimant

is not entitled to TQSA for that period.

The claimant states that he understands the requirements of the DSSR but notes that

the Government’s actions placed him in a difficult situation. In his words:

The delays and losses by [the Office of Personnel Management] and [the Air

Force] made it impossible for me to utilize the very valuable TQSA allowance

that nearly everyone gets to use when they PCS from Germany back to the

[United States]. In addition to this, it was [the Air Force] personnel who

mistakenly counseled me to “be sure you use your 30 Days of TQSA on the

way out of Germany.”

Too many of the Board’s decisions involve employees who were given incorrect or

incomplete advice. See, e.g., Michael M. Bosack, CBCA 6668-RELO, 20-1 BCA ¶ 37,646,

at 182,771; Tae-Hoon Kim, CBCA 6665-RELO, 20-1 BCA ¶ 37,593, at 182,530; Paul J.

Bauer, CBCA 5294-RELO, 17-1 BCA ¶ 36,891, at 179,785; Antonio L. Gordon,

CBCA 2174-TRAV, 12-1 BCA ¶ 35,041, at 172,160 (2011); Frank Lacks, Jr.,

CBCA 1785-RELO, 10-1 BCA ¶ 34,374, at 169,732-33. We recognize the hardship that

these issues imposed on the claimant, but we cannot, as a matter of law, “right the wrong.”

See Andrew J. Marks, CBCA 672-RELO, 07-2 BCA ¶ 33,602, at 166,423. Incomplete

advice cannot create an entitlement that does not exist in law.

Decision

The claim is denied.

Elizabeth W. Newsom

ELIZABETH W. NEWSOM

Board Judge