Board of Contract Appeals

                 General Services Administration

                      Washington, D.C. 20405







                      _____________________



                         January 26, 2005         

                      _____________________       





                         GSBCA 16537-RELO





              In the Matter of ROSALIND D. HAIRSTON 





     Rosalind D. Hairston, Corpus Christi, TX, Claimant.



     Judy A. Hughes, Travel Policy and Procedures, Defense Finance and Accounting

Service, Columbus Center, Columbus, OH, appearing for Department of Defense.



BORWICK, Board Judge.



     Claimant, who transferred in the interest of the Government from Germany to Corpus

Christi, Texas, imported her foreign privately-owned vehicle (POV) from Germany.  She is

not entitled to reimbursement beyond the maximum miscellaneous expense allowance

(MEA) for the costs of bringing her POV into compliance with United States safety and

environmental standards.  



                            Background  



     Claimant, a civilian employee of the Department of the Army, was stationed in

Germany.  During her employment, the agency decided that it would be in the interest of the

Government if she were allowed to have a POV at her duty station.  Claimant thereupon

purchased a car in Germany.  



     On November 26, 2003, the agency issued an order transferring claimant from

Germany to Corpus Christi, Texas, and authorized claimant to ship her POV at Government

expense.  Claimant's duty reporting date was January 25, 2004.  



     It is not a simple matter for an individual to import a foreign automobile, non-

compliant with United States safety and environmental standards, that he or she has

purchased and used overseas.  Regulation requires that an importer of a single automobile

provide a bond establishing that the automobile conforms to all  federal motor vehicle safety

and bumper standards.  49 CFR 591.6 (2004).  Consequently, the owner of that automobile

must, at some expense, bring it into compliance with United States safety and environmental

standards. 



     In this case, claimant paid $4423.95 for the required bond, reflecting the expense of

the customs duty, remodeling necessary to bring the automobile into conformance with

applicable Department of Transportation (DOT) regulations, and costs of bringing the

automobile into compliance with Environmental Protection Agency regulations. 



     Claimant submitted a voucher seeking reimbursement for those costs.  Claimant says

that agency officials told her she would be reimbursed the costs of importing her car into the

United States.  



     In addition to shipping her automobile, the agency granted claimant the maximum

allowable reimbursement of $707.29 under the MEA for those costs incurred in bringing the

automobile into compliance with United States safety and environmental standards.  The

agency determined that the POV expenses incurred were only reimbursable under the MEA

and denied further reimbursement.  Claimant says that if she had been properly advised as

to the actual expense involved in importing the automobile, she would have sold the

automobile in Germany and purchased another automobile after she had transferred back to

the United States.  



                            Discussion



     At the time claimant reported for duty, the Joint Travel Regulations (JTR) provided

that the cost of automobile registration and tags, and the cost of a bond necessary for

admission of a foreign POV into the United States that did not participate in the DoD POV

import control program are reimbursable under the MEA.  JTR C9000-5 (Jan. 2004); 62

Comp. Gen. 282 (1983).  [Foot # 1 ]  The current version of the JTR is the same.  JTR

C5310-D.5; see also Dale G. Luckman, Jr., GSBCA 14874-RELO, 99-2 BCA   30,431. 

Since claimant has received the maximum MEA payment, JTR C9004, she is not entitled to

a greater payment.  



****************** Footnote Begin **********

[Foot # 1 ]        Section  591.6 (c) of 49 CFR provides: 



     A declaration made pursuant to paragraph (f) of   591.5, and under a bond for

     the entry of a single vehicle, shall be accompanied by a bond in the form

     shown in Appendix A to this part, in an amount equal to 150% of the dutiable

     value of the vehicle, or, if under bond for the entry of more than one vehicle,

     shall be accompanied by a bond in the form shown in Appendix B to this part

     and by Customs Form CF 7501, for the conformance of the vehicle(s) with all

     applicable Federal motor vehicle safety and bumper standards, or, if

     conformance is not achieved, for the delivery of such vehicles to the Secretary

     of Homeland Security for export at no cost to the United Sates, or for its

     abandonment.





****************** Footnote End ************



     Claimant says she was told by unidentified officials that the full cost of importing the

automobile would be reimbursed.  Even if true, such erroneous advice would not bind the

Government to pay monies in violation of regulation.  Joel Williams, GSBCA 16437-RELO,

04-2 BCA   32,769.  The claim must be denied.  





_________________________

ANTHONY S. BORWICK

Board Judge