Board of Contract Appeals

                    General Services Administration

                         Washington, D.C. 20405

 

 

 

                          ___________________

 

                             April 26, 2000

                          ___________________

 

 

                            GSBCA 15233-RELO

 

 

                   In the Matter of BARRY D. ANDERSON

 

 

        Barry D. Anderson, McAlester, OK, Claimant.

 

        Robert Rhone, Acting  Deputy Director  for Finance,  Defense

   Finance and Accounting Service,  Rock Island Operating  Location,

   Rock Island, IL, appearing for Department of Defense.

 

   DeGRAFF, Board Judge.

 

        In 1999, the  Department of Defense (DoD)  transferred Barry

   D. Anderson  from Illinois to  Oklahoma.  In connection  with the

   transfer,  DoD authorized Mr. Anderson to incur reimbursable real

   estate expenses when he purchased a home at his new duty station.

   Mr. Anderson  purchased  a home  in  Oklahoma  and  asked DoD  to

   reimburse him for $1297.25 of  real estate expenses.  DoD decided

   to reimburse  Mr. Anderson $1036.25  for these expenses,  and Mr.

   Anderson asks us to review DoD's decision.  

 

        DoD's  authority to reimburse  Mr. Anderson for  real estate

   expenses  is  found in  a  statute  that contains  the  following

   limitation: "In connection  with the purchase  of a residence  at

   the  new official station, reimbursement . . . shall not exceed 5

   percent of the purchase price."  5 U.S.C.   5724a(d)(7)(B) (Supp.

   IV  1998).   Therefore,  the  most  that  DoD can  reimburse  Mr.

   Anderson  is  five  percent  of  his  purchase  price.    In  his

   submission  to us, Mr. Anderson  says that the  purchase price of

   his home in Oklahoma was $20,750.  According to the contract  for

   sale  and the settlement  statement, however, the  purchase price

   was  $20,725,  and  DoD  correctly   used  this  figure  when  it

   calculated  the  amount due  to  Mr. Anderson.   Five  percent of

   $20,725 is $1036.25, which is  the amount that DoD reimbursed Mr.

   Anderson for his real estate expenses.  Because of the limitation

   contained in the  statute, DoD lacks  the authority to  reimburse

   Mr. Anderson for any additional amount.

 

        The claim is denied.

   ___________________________________

 

                                      MARTHA H. DeGRAFF

                                      Board Judge