Board of Contract Appeals

                 General Services Administration

                      Washington, D.C. 20405



                         ________________



                          August 9, 2001

                         ________________





                         GSBCA 15563-RELO





                 In the Matter of JOE J. PUCKETT





     Joe J. Puckett, Springfield, VA, Claimant.



     R. Michael Imphong, Chief, Allowances Unit, Personnel Resources Compensation

and Entitlements, Department of the Air Force, Washington, DC, appearing for Department

of the Air Force.



GOODMAN, Board Judge.



     Claimant, Joe J. Puckett, is a civilian employee of the Department of the Air Force. 

He received orders for a permanent change of station (PCS) and thereafter entered into a

contract to construct a new residence at the new duty station.  The agency authorized storage

of household goods (HHG) for 180 days, the maximum time period allowable pursuant to the

Joint Travel Regulations (JTR).  JTR C8605.



     Within one week of arrival at his new post of duty, claimant signed a construction

contract with a six-month completion date.  The builder was unable to obtain a county permit

for the road, and therefore the completion date has been extended.  Efforts by claimant to

change temporary housing to accommodate the HHG have proved problematic and

potentially expensive.  The contract states that the scheduled completion date is to be six

months from signing.  However, it allows the builder twelve months from signing to

complete the house. 



     Claimant has requested the agency issue a waiver of the time limitation for storage of

household goods (HHG) due to unforseen delays in the construction of the residence at his

new duty station.  The agency has correctly determined that there is no statutory or regulatory

authority to compensate claimant for more than the 180 days of storage previously authorized

by statute. 



     The agency has requested as follows:



     Since the statutory limitation precludes authorization beyond the 180 days . . . ,

     the agency requests that the Board send this matter to the Administrator of

     General Services for possible referral to the Congress as a meritorious claim

     under the Meritorious Claims Act, 31 U.S.C.  3702(d)[(1994 & Supp. V 1999)].



     Pursuant to the Travel and Transportation Reform Act of 1998, Pub. L. No. 104-264,

112 Stat. 2350, the Administrator of General Services has established a test program under

which claims adjudged to be meritorious by the Board may be referred to the Deputy

Associate Administrator, Office of Transportation and Personal Property (MT).  MT, after

consultation with officials from the Department of Defense and the Department of State, will

then determine whether administrative relief should be granted for legal or equitable reasons. 

The purpose of the test program is to allow MT to achieve the same results as it would if the

Meritorious Claims Act were utilized, but in a more efficient manner.  Roy Katayama,

GSBCA 15605-RELO (July 20, 2001).



     In this instance, we decline to make the referral to MT for possible administrative

relief under the test program.  No agency action caused claimant's extended storage of HHG;

the extended period was caused by his personal decision to build a house rather than purchase

an existing house after the PCS.  See Katayama.



     The claim is denied.





                                   _______________________

                                   ALLAN H. GOODMAN

                                   Board Judge