Board of Contract Appeals

                    General Services Administration

                         Washington, D.C. 20405

 

                            _______________

 

                             June 29, 2000

                            _______________

 

 

                            GSBCA 15195-TRAV

 

 

                   In the Matter of KENNETH ANDERSON

 

 

        Kenneth Anderson, APO AE, Claimant.

 

        Lt.  Col.  Frederick  E.  Johnson,  Jr.,  Chief,  Assistance

   Branch, Headquarters, United States Army Europe and Seventh Army,

   APO AE, appearing for Department of Defense.

 

   NEILL, Board Judge.

 

        The  claimant  in  this  case,  Mr.  Kenneth  Anderson,  was

   separated from military service on April 19, 1987, while  serving

   with the American forces in Europe.  At that time, he was advised

   in  writing  that he  could  return  home at  Government  expense

   provided   he  completed  his   travel  within  one   year  after

   separation.  On December 3,  1987, Mr. Anderson accepted an offer

   of civilian employment with the United States military in Germany

   and,   as  a  result,  remained   in  Europe  for  several  years

   thereafter.  

 

        By letter dated October 28, 1998, while still in Europe, Mr.

   Anderson submitted to his  civilian personnel office a claim  for

   eleven years of back pay for living quarters  allowance  to which

   he claims he was entitled as a civilian employee of the military.

   This  letter  also  included  a  claim  for  the  return  of  his

   transportation  entitlements which accrued to him on the occasion

   of his  being separated  from the  military in  April 1987.   The

   agency's  denial of  his  claim  was appealed  to  the Office  of

   Personnel Management (OPM).   OPM transferred the  transportation

   portion of Mr. Anderson's claim to this Board for action.  

 

        On  review of  the record  before us,  we conclude  that Mr.

   Anderson's claim  for transportation entitlements is  outside our

   jurisdiction.     This   Board  has   been   authorized  by   the

   Administrator of General Services to exercise the authority which

   he has  by law  to settle claims  involving expenses  incurred by

   federal   civilian    employees   for    official   travel    and

   transportation.  See 31 U.S.C.   3702(a)(3) (Supp. IV 1998).  The

   same  statute  grants  to  the  Secretary  of  Defense  a similar

   authority   with   regard   to  claims   involving   travel   and

   transportation  of members  of  the uniformed  services.   Id.   

   3702(a)(1).  The  transportation benefits which Mr.  Anderson now

   seeks to recover  did not accrue to  him while he was  a civilian

   employee of the Federal Government.  Rather he was advised of his

   entitlement to  them on the  occasion of his separation  from the

   uniform services  in April  1987 -- over  eight months  before he

   even became a federal civilian employee.  

 

 

        Accordingly,  we  view  this claim  for  the  restoration of

   transportation entitlements as falling within the jurisdiction of

   the Secretary of Defense rather than the Administrator of General

   Services.     We,  therefore,  dismiss  the   case  for  lack  of

   jurisdiction and  transfer it  to the Department  of Defense  for

   resolution.  

 

 

                                           ________________________

                                           EDWIN B. NEILL

                                           Board Judge