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                               June 5, 1997
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                             GSBCA 13919-RELO


                     In the Matter of ROBERT W. MILLER


     Robert W. Miller, Colorado Springs, CO, Claimant.

     Charles N. Stockwell, Finance and Accounting Liaison Office,
Directorate of Support Services, Defense Finance and Accounting
Service, Denver, CO, appearing for Department of Defense.

DeGRAFF, Board Judge.

     In May 1996, Robert W. Miller, an employee of the Department
of the Air Force (Air Force), transferred from Vandenberg Air Force
Base in California to Peterson Air Force Base in Colorado.  Before
the Air Force prepared Mr. Miller's travel authorization, it
analyzed the cost of moving his household goods (HHG).  The Air
Force determined that moving the goods by the "GBL" (government
bill of lading) method would cost approximately $8,613, and that
moving the goods by the "commuted rate" method would cost
approximately $11,464.80.  The $8,613 estimate included the cost of
packing, hauling, and other additional services.

     When household goods are moved using the GBL method, the
Government arranges with a carrier to move the goods and then pays
for the move according to a contract between the carrier and the
Government.  The Government is the shipper and the goods move
according to a GBL.  When household goods are moved using the
commuted rate method, the employee is the shipper and is
responsible for making arrangements for the move.  The employee
pays for the move and the Government reimburses the employee
according to a schedule of established rates.  41 CFR 101-40.203-2;
101-40.203-3; 302-8.3 (1996).

     The Air Force prepared Mr. Miller's travel authorization to
say, "Authorized shipment of HHG by GBL. . . . HHG by GBL $8,000.
. . . Employee may perform self move but actual cost reimbursed by
GBL."  Mr. Miller told his personnel office that, twice before, he
had been authorized to move himself and he had been reimbursed at
the commuted rate.  According to Mr. Miller, his personnel office
looked into this and told him that he could move himself and be
reimbursed at the commuted rate.

     Mr. Miller packed and shipped his household goods himself. 
After Mr. Miller moved, the personnel office amended the last
sentence quoted above of Mr. Miller's travel authorization to say,
"Employee may perform self move but cost reimbursed by commuted
rate not to exceed GBL."

     Mr. Miller's actual, out of pocket costs of his move were
$2,475.42, and the Air Force reimbursed him for these costs. 
Mr. Miller claims that he is entitled to be paid the $8,000 that
his travel authorization said it would cost to ship his household
goods using the GBL method.  Mr. Miller also says that he did not
choose to perform the move himself.  Instead, he says, he was
"instructed that [he] was authorized to perform the self
move . . . ."  The Air Force decided to deny Mr. Miller's claim and
Mr. Miller asked that we review the Air Force's decision.

                                Discussion

     The Federal Travel Regulation (FTR) provides that, as a
general policy, agencies will use the commuted rate method for
shipping an employee's household goods.  The goods can be shipped
using the GBL method, however, if the costs to be incurred by the
agency for packing and other services are determined in advance and
if the GBL method is expected to result in a savings of $100 or
more.  41 CFR 302-8.3.  The Federal Property Management Regulations
(FPMR) provide that it is up to the employing agency to decide
whether to use the GBL method or the commuted rate method to move
an employee's household goods.  The FPMR also provides that when an
agency decides that the GBL method shall be used and an employee
chooses to use a rental truck, trailer, or private conveyance to
transport his household goods, the agency will reimburse the
employee for his actual expenses (vehicle rental fee, fuel, etc.),
not to exceed the amount the agency would have paid if the
employee's household goods had been moved in one lot and on one GBL
by the lowest cost carrier providing the level of service required. 
41 CFR 101-40.203-2.

     The Joint Travel Regulations (JTR), which supplement the FTR
for civilian employees of the Department of Defense, provide that
the cost of shipping by the GBL method will be compared to the cost
of shipping by the commuted rate method.  If the estimated cost of
one method exceeds the estimated cost of the other method by more
than $100, the more economical method will be used.  The JTR
provides that if shipment by GBL is more economical and the
employee chooses to make his own arrangements for shipping his
household goods, the agency will reimburse the employee for his
actual expenses, not to exceed what it would have cost if the goods
had been shipped using the GBL method.  JTR C8001-D3c.

     Neither the advice given to Mr. Miller by the personnel office
before he moved nor the amendment made by the personnel office to
Mr. Miller's travel authorization after he moved bind the Air Force
to pay Mr. Miller the commuted rate.  The Air Force performed a
cost comparison and determined that the GBL method was less
expensive than the commuted rate method and so, according to the
JTR, the GBL method was supposed to be used to ship Mr. Miller's
household goods.  The personnel office's oral advice and its
amendment of the travel authorization to refer to the commuted rate
were contrary to the JTR and do not obligate the Air Force to pay
Mr. Miller at the commuted rate.  The personnel office's mistake
cannot bind the Air Force to spend money in violation of the JTR. 
Federal Crop Insurance Corp. v. Merrill, 332 U.S. 380 (1947);
Kevin S. Foster, GSBCA 13639-RELO, 97-1 BCA  28,688 (1996);
Robert W. Holland, B-262054 (Oct. 10, 1995).

     The amount that the Air Force paid Mr. Miller is correct.  The
JTR provides that if, as in this case, shipment by GBL is more
economical and the employee chooses to make his own arrangements
for shipping his household goods, the agency will reimburse the
employee for his actual expenses.  Although Mr. Miller says that he
did not choose to perform his move himself, Mr. Miller's travel
authorization, even as amended, said that shipment by the GBL
method was authorized.  Mr. Miller could have allowed the Air Force
to arrange to ship his household goods, but he decided to make
those arrangements himself.

     In summary, the Air Force correctly decided to reimburse
Mr. Miller for the actual, out of pocket costs that he incurred
when he moved his household goods.  Mr. Miller's claim is denied. 




                                   _______________________________
                                   MARTHA H. DeGRAFF
                                   Board Judge