Board of Contract Appeals

                    General Services Administration

                         Washington, D.C. 20405

 

 

 

                                                    

 

                             March 30, 2001

                                                    

 

 

                            GSBCA 15559-RELO

 

 

                   In the Matter of RAYMOND W. MARTIN

 

 

        Raymond W. Martin, Kansas City, MO, Claimant.

 

        Thomas  L. Brockman, Jr., Director, United States Army Corps

   of  Engineers  Finance  Center,  Millington,  TN,  appearing  for

   Department of the Army.

 

   DANIELS, Board Judge (Chairman).

 

        Army Corps of Engineers  employee Raymond W. Martin asks  us

   to review his agency's denial of a claim for the costs  of moving

   household  goods  in  conjunction  with  a  permanent  change  of

   station.   Mr.  Martin also  asks that  we direct  the agency  to

   consider  as "transfer leave," rather than leave without pay, the

   time during  which he was  absent from  work for  the purpose  of

   loading the goods.

 

        The Board has authority to settle the claim for the costs of

   moving  household  goods,  since those  costs  are  a "relocation

   expense[]  incident to  [a transfer]  of official  station."   31

   U.S.C.   3702(a)(3) (Supp. IV 1998).  We do not have authority to

   settle the claim regarding categorization of leave, however; this

   claim involves  an employee's  "compensation and  leave," and  is

   therefore within  the purview  of the Director  of the  Office of

   Personnel Management.  Id.   3702(a)(2).

 

        In docketing  the case,  we  asked the  agency, pursuant  to

   Board Rule of Procedure 403  (48 CFR 6104.3 (2000)), to  submit a

   response within thirty days,  or by April 30, 2001.  The agency's

   response  should  address  only  the  claim over  which  we  have

   jurisdiction -- the one for  the costs of moving household goods.

   We dismiss  and transfer to the Acting  Director of the Office of

   Personnel Management, for his consideration, the claim over which

   he has jurisdiction -- the one for recategorization of leave.

 

                                      _________________________ 

                                      STEPHEN M. DANIELS

                                      Board Judge