Board of Contract Appeals

                    General Services Administration

                         Washington, D.C. 20405

 

 

 

                                                    

 

                            October 24, 2000

                                                    

 

 

                            GSBCA 15371-RELO

 

 

                    In the Matter of MICHAEL BIRRIEL

 

 

        Michael Birriel, APO Area Europe, Claimant.

 

        Capt.  Douglas M. Miller,  Headquarters 2d Bomb  Wing (ACC),

   Department  of  the Air  Force,  Barksdale  Air  Force Base,  LA,

   appearing for Department of the Air Force.

 

   DANIELS, Board Judge (Chairman).

 

        In August  1998, the Department of the Air Force transferred

   Michael  Birriel from  Barksdale Air  Force  Base, Louisiana,  to

   Lakenheath Air  Base, United Kingdom.   The agency issued  to Mr.

   Birriel travel  orders  which authorized  reimbursement  of  real

   estate  expenses.   Shortly  thereafter,  Mr.  Birriel  sold  his

   residence in  Louisiana and asked  the Air Force  to pay  for the

   costs he incurred in making the sale.  Although several Air Force

   officials  agreed that  the employee  should  be reimbursed,  the

   agency ultimately  refused to  make  payment on  the ground  that

   reimbursement is  prohibited by  statute.   Mr. Birriel  responds

   that he now understands the  law, but believes that he should  be

   paid nonetheless because he incurred a substantial loss due to an

   agency   mistake.    He   concludes,  "Someone  should   be  held

   accountable."

 

        Cases like this one occur  much too frequently, and we agree

   with Mr. Birriel that they  are most unfortunate.  Agencies which

   transfer  employees to overseas  locations ought to  make certain

   that  authorizing officials  and travel  officers understand  and

   explain the relocation benefits of  employees who are sent abroad

   -- before,  not after,  employees incur expenses  in moving.   We

   have no authority to "hold accountable" officials who err in this

   regard,  however.  Whether the individuals who misled Mr. Birriel

   should be reprimanded or assigned to further training is a choice

   for the  Air Force, not  this Board.   We can only  determine the

   relevant law  and apply it to  the situation presented.   On that

   score,  very clearly,  Mr.  Birriel  may not  prevail.   The  Air

   Force's belief that statute precludes reimbursement is correct.

 

        Our  reasoning in  this matter  is explained  in a  decision

   issued  earlier this month, Pamela A. Mackenzie, GSBCA 15328-RELO

   (Oct.  12, 2000).    We refer  the reader  to  that decision  for

   further edification.

 

                                      _________________________ 

                                      STEPHEN M. DANIELS

                                      Board Judge