Board of Contract Appeals

                 General Services Administration

                      Washington, D.C. 20405







                                              



                        November 10, 2004

                                              





                         GSBCA 16522-RELO





               In the Matter of DAVID E. BURKHARDT





     Maj. David E. Burkhardt, United States Army (Retired), Cary, NC, Claimant.



     A. V. Easter, Site Manager, Transportation Payments Office, Defense Finance and

Accounting Service, Indianapolis, IN, appearing for Department of Defense.



DANIELS, Board Judge (Chairman).



     When Major David E. Burkhardt retired from the United States Army, that service

engaged a carrier to move his household goods and professional books, papers, and

equipment from his last military duty station to his new home.  Major Burkhardt claims that

the Defense Finance and Accounting Service (DFAS)  has improperly demanded that he pay

a portion of the cost of the move.



     Major Burkhardt asked us to review this matter and settle the claim in his favor.  Upon

docketing the case, we requested that Major Burkhardt and DFAS consider whether the

Board is the appropriate forum for considering it.  The parties have agreed, and expressly

conclude, that we are not the correct forum.



     In section 3702 of title 31, United States Code, the Congress authorized various

officials to settle various kinds of claims of or against the United States Government.  The

Secretary of Defense is authorized to settle such claims which involve "uniformed service

members' . . . transportation," and the Administrator of General Services is to settle such

claims which involve "expenses incurred by Federal civilian employees for . . . relocation

expenses incident to transfers of official duty station."



     Major Burkhardt filed his claim in his capacity as a retired member of the uniformed

services, and the claim involves costs of transporting household goods pursuant to his move

from his last post of duty to his retirement location.  Under the statutory allocation of

responsibility for settling claims, therefore, this claim should properly be directed to the

designee of the Secretary of Defense for claims settlement (the Defense Office of Hearings

and Appeals) rather than the designee of the Administrator of General Services for this

purpose (the General Services Board of Contract Appeals).



     We are consequently dismissing the case and transferring it to the Defense Office of

Hearings and Appeals.









                                   _________________________ 

                                   STEPHEN M. DANIELS

                                   Board Judge