March 21, 2007


                          CBCA 527-RELO


                In the Matter of DONALD R. KINCAID


     Donald R. Kincaid, Navarre, FL, Claimant.

     Tara Scavo, Office of Chief Counsel, Bureau of Alcohol, Tobacco, Firearms and
Explosives, Washington, DC, appearing for Department of Justice.  

PARKER, Board Judge.

                            Background

     Prior to his retirement in September 2004, Donald R. Kincaid served as Special Agent
in Charge of the Los Angeles, California, Field Division of the Department of Justice's
Bureau of Alcohol, Tobacco, Firearms and Explosives (ATFE), a Senior Executive Service
(SES) position.  Mr. Kincaid's wife, Lisa Kincaid, was then and still is an ATFE Special
Agent.

     When Lisa Kincaid applied for the position of Resident Agent in Charge of the
ATFE's Pensacola, Florida, office, Donald Kincaid told his immediate supervisors that if
she was selected for the position and her relocation expenses were paid in full, he would
forego any entitlement he might have to SES-related "last move home" relocation funding. 
Lisa Kincaid was selected for the position in June 2004 and was authorized full relocation
allowances.  The couple moved in August 2004; Donald Kincaid retired in September.

     Because the Kincaids' household goods weighed more than the allowable limit of
18,000 pounds, Lisa Kincaid was billed for excess weight charges in the amount of
$4052.83.  The Kincaids were surprised that their goods weighed so much and, to avoid
having to pay the additional charge, Mr. Kincaid sought to invoke his SES last move home
benefits.  The agency denied Mr. Kincaid's request on the basis that he failed to apply and
receive agency approval for these benefits prior to moving as required by the Federal Travel
Regulation (FTR), which was in accordance with his agreement with the agency to forego
such benefits.  Mr. Kincaid feels that, by declining to pay the excess weight charges, the
ATFE failed to live up to its agreement to pay for Lisa Kincaid's moving expenses "in full,"
and he has asked the Board to review the agency's decision to deny him SES last move
home benefits.

                            Discussion

     Certain career SES appointees who have been transferred in the interest of the
Government are entitled, upon their retirement, to "last move home" benefits -- travel and
transportation expenses, a mileage allowance for travel by privately-owned automobile, and
costs of transportation and temporary storage of household goods.  5 U.S.C.  5724(a)(3)
(2000).  The statute is implemented by the FTR in regulations found at 41 CFR 302-3.304
to -3.315 (2004).  Regarding advance notification, the FTR provides:

     Do I have to provide my agency with any special documents before
     receiving reimbursement for moving expenses?
     
     Yes, before receiving reimbursement for moving expenses, you must submit
     a request to your agency for authorization and approval of your moving
     expenses with your tentative moving dates and the origin and destination
     location of your planned move, within the timeframe and format specified by
     your agency.

41 CFR 302-3.307.

     Mr. Kincaid acknowledges that he did not request and receive advance approval for
SES last move home benefits but states that he did this on the basis of an agreement with the
agency to pay in full for his wife's relocation, an agreement that he claims the agency
breached by declining to pay transportation charges for his family's household goods in
excess of 18,000 pounds.  We hold that Mr. Kincaid's request did come too late and, further,
that the agency did live up to its agreement.

     When an agency transfers an employee in the interest of the Government from one
permanent duty station to another, it must pay for the expenses of transporting
18,000 pounds, but no more, of the employee's household goods and personal effects.
5 U.S.C.  5724(a)(2); 41 CFR 302-7.2.  The cost of transporting additional goods is the
responsibility of the employee.  Alan Poleszak, GSBCA 16693-RELO, 05-2 BCA  33,066;
James R. Wyatt, Jr., GSBCA 16038-RELO, 04-1 BCA  32,573 (citing George W. Currie,
GSBCA 15199-RELO, 00-1 BCA  30,814; Robert K. Boggs, GSBCA 14948-RELO,
99-2 BCA  30,491).

     By paying for the expenses of transporting to Florida 18,000 pounds of the Kincaids'
household goods -- the legal limit -- the agency did pay "in full."  Certainly, neither
Mr. Kincaid nor the agency could reasonably have expected otherwise at the time of the
agreement.  As an experienced and well-traveled federal employee, Mr. Kincaid should have
been well aware of the weight limitation.  Although it is true, as Mr. Kincaid points out, that
he could have requested last move home benefits instead of traveling as Mrs. Kincaid's
dependent, he chose not to do so.  It is too late now to alter that choice.

                             Decision

     The claim is denied.



                                   ______________________
                                   ROBERT W. PARKER
                                   Board Judge