Board of Contract Appeals

                    General Services Administration

                         Washington, D.C. 20405

 

                            _______________

 

                            October 26, 2000

                            _______________

 

 

                            GSBCA 15359-RELO

 

 

                    In the Matter of CHARLIE ROGERS

 

 

        Charlie Rogers, Fort Leonard Wood, MO, Claimant.

 

        Maj.  Gen.  Robert  B. Flowers,  Commanding,  Army  Maneuver

   Support Center and  Fort Leonard  Wood, Department  of the  Army,

   Fort Leonard Wood, MO, appearing for Department of the Army.

 

   GOODMAN, Board Judge.

 

        Claimant,  Charlie Rogers,  is a  civilian  employee of  the

   Department of  the  Army.   He  is  requesting a  review  of  the

   agency s denial of an extension  of time for temporary storage of

   his household goods (HHG).

 

        In  October 1998 claimant  received transition travel orders

   from  his duty  station  of  Fort McClellan,  Alabama,  to a  new

   permanent duty  station at  Fort Leonard  Wood, Missouri, with  a

   report date of July 18,  1999.  On November 30, 1998,  he put his

   home  on the  market.  Claimant  received a full  price offer for

   purchase  on March 1, 1999, with a  closing and occupancy date of

   March 30, 1999.  

 

        On February 27, 1999, claimant s travel orders were amended,

   changing  his report date  to September 26,  1999.     He did not

   receive these orders  until March 3, 1999 -- after he had already

   signed the contract for sale of his house.   In order to meet the

   contract  terms,  his  HHG  were packed  and  shipped  from  Fort

   McClellan on March 30, 1999, and arrived at Fort  Leonard Wood on

   April 6, 1999.

 

        As of April 1, 1999,  claimant assumed the position of Chief

   of  the  Chemical  and  Military  Police  School s  International

   Military Student Office and Primary Hand Receipt Holder  for both

   offices.   Claimant  had to  remain at  Fort McClellan  until the

   class  graduated on August 13  and all international students and

   family  members departed. Claimant  was also responsible  for the

   final shipment of hand receipt items on September 15, 1999.

 

        Claimant states  that as the result of the sale of his house

   and the changing of his report date, he had no choice but to move

   his  family into  temporary  housing which  required a  six month

   lease through  September  30, 1999.   In  June he  was granted  a

   ninety-day  extension  of   time  for  storage   of  HHG.     The

   authorization for storage of HHG at Government expense expired on

   October 2, 1999.

 

        Because he  was unable to find suitable housing in Missouri,

   claimant  contracted to  have  a house  built  for his  residence

   there.  He alleges that due to construction delays, the house was

   not completed until November 25, 1999.  He therefore requested an

   extension  of an additional  sixty days for  temporary storage of

   his HHG, which was denied by the agency.  

                               Discussion

 

        Agencies  are authorized to pay the expenses for temporarily

   storing a transferred  employee s household goods.   Although the

   time  limit for  temporary  storage  is  generally  ninety  days,

   agencies,  may, under certain circumstances, approve an extension

   of the time  limit for up to an additional ninety days.  Agencies

   are not permitted to pay for temporary storage for more than  180

   days.    5 U.S.C.    5724(a)(2) (1994).   The relevant regulation

   reads as follows:

 

         Temporary  storage time limit.  The time allowable for

        temporary storage  in  connection  with  an  authorized

        shipment of household  goods shall not exceed  a period

        of 90 days.  . . .  However, upon an employee's written

        request, the initial  90-day period may be  extended an

        additional period not  to exceed 90 days  under certain

        conditions  if approved by  the agency head  or his/her

        designee.   Justification  for  an  additional  storage

        period   may  include,  but  is  not  limited  to,  the

        following reasons: 

 

        (1) An intervening temporary duty or long-term training

        assignment; 

 

        (2) Nonavailability of suitable housing; 

 

        (3) Completion of residence under construction; 

 

        (4) Serious illness of employee or illness or death  of

        a dependent; or 

 

        (5) Strikes, acts of God, or other circumstances beyond

        the control of the

        employee. 

 

    41 CFR 302-8.2(d) (1998).   

 

        We recognize claimant s position that the additional  amount

   of time  requested for   storage of his  HHG would not  have been

   necessary but  for the change in his report date and his previous

   sale  of his residence, which required that  he remove his HHG to

   temporary  storage.  However, the amendment  of his travel orders

   which  changed  his  report  date  also  extended  the  time  for

   temporary storage  of HHG  for an additional  ninety days  to the

   maximum  of  180  days  allowed   by  statute  and  regulation.  

   Accordingly,   there  is  no  basis  for  granting  claimant  the

   additional extension of  time for temporary storage  he requests.

   The claim is denied. 

 

 

 

 

                                      _______________________

                                      ALLAN H. GOODMAN      

                                      Board Judge