Board of Contract Appeals

                    General Services Administration

                         Washington, D.C. 20405

 

                            _______________

 

                            November 2, 2000

                            _______________

 

 

                            GSBCA 15410-RELO

 

 

                     In the Matter of RAYMOND RUSSO

 

 

        Raymond Russo, Plano, TX, Claimant.

 

        Gregory  J. Mullins,  Deputy Division  Counsel, Southwestern

   Division, Corps of Engineers, Department of the Army, Dallas, TX,

   appearing for the Department of the Army.

 

   GOODMAN, Board Judge.

 

        Claimant,  Raymond  Russo,  is a  civilian  employee  of the

   Department of the Army.  He has requested  that this Board review

   a  decision of  his  agency  denying his  request  for waiver  of

   repayment of expenses erroneously paid to him.

 

        On September 30, 1997, claimant received travel orders for a

   permanent change  of station  (PCS) from Dallas,  Texas, to  Fort

   Worth, Texas.  In anticipation of his relocation, on February 18,

   1998, he entered  into a real estate listing  agreement to put up

   his  home for  sale.    On March  14,  1998, his  relocation  was

   canceled, and on March 20, 1998, claimant was advised he would be

   reimbursed  for  any expense  he  was  liable  for which  he  had

   incurred prior to the cancellation.

 

        After claimant was advised that his relocation was canceled,

   he did not take  his house off the market.  On  April 1, 1998, he

   received  an offer  of purchase  which he  accepted on  April 10,

   1998.  He  then purchased another house  within the same city  on

   March  31, 1999.  He submitted  a claim for reimbursement for all

   real estate expenses  incurred, and the  agency reimbursed him  a

   total of $22,247.92.

 

        The  agency  has  demanded repayment  of    $6624.37, which,

   according to the agency, represents expenses the claimant did not

   become obligated  to pay  until after he  received   notification

   that his relocation would not take place.  Claimant appealed this

   demand  to the  Defense Finance  and  Accounting Service  (DFAS).

   DFAS   rejected  the  appeal.    Claimant  then  appealed  DFAS s

   determination  to  the  Defense Office  of  Hearings  and Appeals

   (DOHA).  DOHA also rejected claimant s position.

 

        A claim of the United States against a person arising out of

   an erroneous payment of relocation  expenses may be waived by the

   agency from  which the claim  arose.   5 U.S.C.   5584  (Supp. IV

   1998); Delegation from  Director of the Office of  Management and

   Budget (Dec.  17, 1996).   The Department of Defense  has already

   exercised  this authority.   This  Board has  no jurisdiction  to

   review the Department s determination.

 

        Accordingly, we dismiss this case. 

 

                                      _____________________________

                                      ALLAN H. GOODMAN

                                      Board Judge