September 16, 2008

CBCA 1269-RELO

In the Matter of CHONG S. HOWSARE

Chong S. Howsare, Savannah, GA, Claimant.

Anne M. Schmitt-Shoemaker, Deputy Director, Finance Center, Army Corps of Engineers, Millington, TN, appearing for Department of the Army.

WALTERS, Board Judge.

Background

Claimant, Ms. Chong S. Howsare, a civilian employee of the Army Corps of Engineers, submitted a claim in the amount of $1600 for loss of or damage to personal property allegedly incurred in connection with her 2007 relocation from the Trident Refit Facility, Supply Department, Kings Bay, Georgia, to the Army Engineer District, Savannah, Internal Review Office, Savannah, Georgia.

Discussion

Our predecessor board, the General Services Administration Board of Contract Appeals (GSBCA), repeatedly held that it lacked subject matter jurisdiction over claims for loss or damage to property incident to a transfer of an employee=s official duty station, since such claims are not claims for relocation expenses. Instead, claims for such loss or damage are to be addressed by means of claims under the Military Personnel and Civilian Employees= Claim Act, 31 U.S.C. ' 3721 (2000) (MPCECA). Dale Puffenberger, GSBCA 15515-RELO (Apr. 10, 2001) (citing Charles A. Miller, GSBCA 13679-RELO, et al., 97-1 BCA & 28,865); see also George B. Brown, GSBCA 16361-RELO, 04-2 BCA & 32,759; Thedore D. Sergent, GSBCA 14859-RELO, 99-2 BCA & 30,495; Dale G. Luckman, Jr., GSBCA 14874-RELO, 99-2 BCA & 30,431. This Board likewise has no jurisdiction over such claims. To recover for her alleged loss and damage, Ms. Howsare must pursue with her agency, the Army Corps of Engineers, a claim under the MPCECA. Prior to issuing this order, the presiding judge was assured that the Corps of Engineers would address Ms. Howsare=s claim under the MPCECA.

Decision

The instant claim hereby is dismissed.

_________________________

RICHARD C. WALTERS

Board Judge