Board of Contract Appeals

                    General Services Administration

                         Washington, D.C. 20405

 

 

 

            _______________________________________________

 

                              May 25, 2000

             _____________________________________________

 

 

                            GSBCA 15250-RELO

 

 

                  In the Matter of KENNETH W. TROTMAN

 

 

        Kenneth W. Trotman, Norfolk, VA, Claimant.

 

        Martha J. Irons, Director, Personal Property Division, Naval

   Supply   Systems  Command,   Mechanicsburg,  PA,   appearing  for

   Department of the Navy.

 

   GOODMAN, Board Judge.

 

        Claimant, Kenneth  W. Trotman, is a civilian employee of the

   Department  of  the  Navy.    The agency  denied  his  claim  for

   reimbursement  of  his  actual  costs  incurred  for  storage  of

   household  goods (HHG) incident to a  permanent change of station

   (PCS)   from  Norfolk,  Virginia,  to  Naples,  Italy,  in  1997.

   Claimant  has requested  that  this  Board  review  the  agency's

   decision.  

 

        In November 1997, before departing on his PCS, claimant  was

   issued travel  orders which  authorized him to  store his  HHG in

   nontemporary,  commercial  storage.    Additionally,  the  travel

   orders  authorized  reimbursement of  claimant s  actual expenses

   incurred  for this storage.  Upon his return to the United States

   in the summer  of 1999, he requested reimbursement  in the amount

   of $3696, his actual costs incurred.

 

        The agency  denied  the request,  stating that  he had  been

   erroneously informed that he was entitled to actual costs, and he

   was only entitled to the costs the Government would have incurred

   had it  arranged storage.   The agency  stated that  claimant was

   only entitled to  Cost not to exceed  what it would have cost for

   Government-owned    No-Temp[orary]    Storage    facility    I[n]

   A[ccordance] W[ith] JTR Vol II C8002, C.3 (c,d). 

 

        The portion  of the  Joint Travel  Regulations cited  by the

   agency reads in relevant part:

 

        C8002  MOVEMENT TO AND BETWEEN OVERSEAS ACTIVITIES

 

             . . . .

 

        C.  Storage

              . . . .

 

        3.  Nontemporary storage

 

        a.  General.  

 

        An employee  stationed at, an employee  transferred to,

        or a new appointee  for assignment to, an  overseas PDS

        [Permanent  Duty  Station]  may be  allowed  NTS  [Non-

        temporary Storage] of HHG [Household Goods] as provided

        in subpars. b through d.

 

             . . . .

 

        c.  Place of Storage.  

 

        Household   goods   may   be    stored   in   available

        Government-owned  storage  facilities  or  in  suitable

        commercial  or privately  owned facilities  obtained by

        the Government.   Normally, Government-owned facilities

        are  used;  however,  commercial  or  privately   owned

        facilities  are used  when Government-owned  facilities

        are  not available  or  if  the  use of  commercial  or

        privately owned  facilities is  determined  to be  more

        economical or suitable  because of location, difference

        in   transportation   costs,  or   for   other  reasons

        considered   to  be  in   the  best  interest   of  the

        Government.    The responsible  transportation  officer

        determines which storage facilities are used.

 

        d.  Time Limit for Storage.

 

        Storage at Government  expense may be authorized  for a

        period of not to exceed the length of  the tour of duty

        plus 1 month prior to the time the tour begins. . . .

 

   JTR C8002 (May 1, 1995).

 

        There is no explanation in the record as to why claimant was

   authorized  to  store  his  goods in  a  commercial  facility and

   receive reimbursement for the actual costs of storage.  Under the

   above  regulation,  commercial  storage is  authorized  when  the

   responsible transportation  officer makes a  determination that a

   Government-owned facility is  not available or that  a commercial

   or  privately  owned  facility is  more  economical  or suitable.

   Apparently, such  a determination  was made,  but the  Government

   made  no  attempt to  obtain  storage  for  claimant.    Claimant

   arranged commercial storage himself. 

 

        Since   it  is  the  Government s  position  that  it  would

   reimburse  the  claimant  the  cost  the  Government  would  have

   incurred  had it  arranged storage,  we asked  the Government  to

   provide this information  to the Board.  The  Government has been

   unable to  provide  that  calculation.   There  is  therefore  no

   indication in  the record  that the Government s  costs would  be

   less than the  costs actually incurred by claimant.  Accordingly,

   claimant is entitled to his actual costs incurred.

 

 

        Claimant  has also requested interest on the delayed payment

   of the costs claimed.  Interest on delayed payments of relocation

   benefits  is  not  authorized  by  law.    Synita  Revels,  GSBCA

   14935-RELO, 00-1 BCA    30,716 (1999).  Claimant is not  entitled

   to interest.

 

 

 

                                      __________________________

                                      ALLAN H. GOODMAN

                                      Board Judge