Board of Contract Appeals

                    General Services Administration

                         Washington, D.C. 20405

 

            _______________________________________________

 

                             April 10, 2001

            _______________________________________________

 

 

                            GSBCA 15515-RELO

 

 

                   In the Matter of DALE PUFFENBERGER

 

 

        Dale Puffenberger, Covington, KY, Claimant.

 

        Roberto  J.  Miranda,   Director,  Administrative  Services,

   United States Agency  for International Development,  Washington,

   DC,  appearing  for   United  States  Agency  for   International

   Development.

 

   BORWICK, Board Judge.

 

        This  matter was  forwarded to  the Board  by the  Office of

   Personnel Management (OPM).  By order of March 13, 2001, we asked

   the parties to  address the question of  the Board's jurisdiction

   to consider this matter under our delegated authority originating

   from 31 U.S.C.   3702(a) (Supp. IV 1998).  Specifically, we asked

   the parties to  consider whether  this claim  involved relocation

   expenses incurred by  a federal civilian  employee incident to  a

   transfer  of  official duty  station,  or  whether the  claim  is

   covered  by  another  law, the  Military  Personnel  and Civilian

   Employees' Claims Act, 31  U.S.C.   3721 (1994).  We referred the

   parties to our decision  in Charles A. Miller, GSBCA  13679-RELO,

   et al., 97-1 BCA   28,865.

 

        In response,  in a letter  dated March  13, claimant  stated

   that his letter which OPM forwarded:

 

        was  in fact  a complaint  about the  actions and  non-

        actions  of   [certain  named  federal   employees]  in

        assisting  with a  claim  of  damage  and theft  to  my

        shipment [of  household goods].   As a result  of their

        failure  to  provide  information  and  respond  to  my

        questions,  lying about actions that they did take, and

        denying my request for an extension after almost a year

        of  misleading  me about  the  conditions  for granting

        same,  I have filed [two]  actions in State and Federal

        Courts. 

 

        If  my interpretation  of  [Board] Rule  401(b)(1)  and

        (b)(2) is correct there is no  basis for filing a claim

 

        with the Board as my case concerns damage and theft and

        not expenses incurred.  Please advise me if you concur.

 

        The  agency has also  filed a motion to  dismiss for lack of

   jurisdiction.  

 

        Both claimant and the agency are correct that this matter is

   not within the Board's jurisdiction, since the matter relates  to

   a claim for  loss or damage of  property and not  to a claim  for

   relocation  expenses.   Charles  A.  Miller  .   This  matter  is

   dismissed.  

 

 

 

                                 __________________________

                                 ANTHONY S. BORWICK

                                 Board Judge