Board of Contract Appeals General Services Administration Washington, D.C. 20405 ___________________ March 16, 1998 ___________________ GSBCA 13928-RELO In the Matter of BEVERLY J. ORR Beverly J. Orr, Esslingen, Germany, Claimant. Toni B. Wainwright, Director of Civilian Personnel, Headquarters, United States Army, Europe, and Seventh, Army Office of the Deputy Chief of Staff, Personnel, APO AE, appearing for Department of the Army. NEILL, Board Judge. Claimant in this case, Ms. Beverly J. Orr, contends that a thirty-six month tour of duty in Brussels, Belgium, to which she was assigned as a civilian employee of the United States Army, was terminated prematurely on July 11, 1993, upon completion of her first twelve months at her new assignment. As a result, she seeks to recover "gross salary and allowances for [the] 24 month remainder of tour." She also seeks to recover what she refers to as "the usual and customary charge" for packing her household goods after being denied separation travel. This claim was originally submitted to the General Accounting Office (GAO). GAO forwarded it to this office based on certain legislative changes which led to a transfer to this Board of the authority previously exercised by the Comptroller General in settling claims involving expenses incurred by federal civilian employees for official travel and transportation and for relocation expenses incident to transfers of official duty station.[foot #] 1 The Board docketed this claim upon receipt and thereafter invited the claimant and the agency to provide information which would serve as a basis for deciding the claim. The Army was asked to prepare an agency report and the claimant was afforded an opportunity to comment on this report. Upon review of the ----------- FOOTNOTE BEGINS --------- [foot #] 1 In 1995, Congress directed that the administrative responsibility for claims settlement functions as previously set forth in 31 U.S.C. 3702 be transferred from the General Accounting Office to the Director of the Office of Management and Budget (OMB). Legislative Branch Appropriations Act, Pub. L. No. 104-53, 211(a), 109 Stat. 514, 535 (1995). The Director of OMB subsequently delegated certain of these functions to the Administrator of the General Services Administration who, in turn, redelegated to this Board the settlement functions pertaining to travel and relocation expense claims by federal civilian employees. The authority to settle these claims has more recently been vested by statute in the Administrator. General Accounting Office Act of 1996, Pub. L. No. 104-316, 202(n), 110 Stat. 3826, 3843 (1996). ----------- FOOTNOTE ENDS ----------- submissions, we found it necessary to return to both for clarifications and additional information. From the record, as now developed, it is clear that Ms. Orr's claim for the loss of annual salary and allowances is not one which we have the authority to resolve. The settlement authority previously exercised by the Comptroller General for claims involving compensation and leave of federal civilian employees is now vested by statute in the Director of the Office of Personnel Management (OPM). General Accounting Office Act of 1996, Pub. L. No. 104-316, 202(n), 110 Stat. 3826, 3843 (1996). We, therefore, are dismissing this aspect of Ms. Orr's claim and transferring it to the OPM for action. In her latest submission to the Board, claimant, for the first time, now explains that among the allowances she is seeking is a temporary quarters allowance (TQA) for the period of July 14 to November 28, 1993. This Board does settle claims for TQA. Susan Drach, GSBCA 13863-RELO, 98-1 BCA 29,442. In this case we deem it appropriate to deny this claim for TQA even before referring the case to the OPM. Ms. Orr's claim for TQA is fundamentally in conflict with the principal elements of her case. She seeks compensation and allowances for the twenty-four months which she contends remained of her expected three year tour. Principal among the allowances sought is a living quarters allowance (LQA) which she was receiving during her first year in Brussels but which was discontinued when she was terminated at the conclusion of that first year. Under Section 5923 of Title 5 of the United States Code, TQA and LQA are described as alternative forms of quarters allowance for Government employees in a foreign area. One obviously cannot receive TQA and LQA for the same period in time. If claimant here is seeking LQA for the twenty-four months following her termination on July 11, 1993, she cannot qualify for TQA for the same or for a portion of the same period. Claims regarding LQA for civilian employees are not heard by this Board but rather are referred, as are claims for compensation, to the OPM. Wilma F. Sexton, GSBCA 13790-RELO, 97- 1 BCA 29,855; Carmon L. Woodley, GSBCA 13706-RELO, 97-1 BCA 28,861; Donald Guenther, GSBCA 14032-RELO, 97-1 BCA 28,795. If OPM determines that Ms. Orr was improperly terminated, then it will address her claim for LQA. If the determination is made that she was properly terminated, then she does not qualify for TQA for any period following her termination on July 11, 1993. Accordingly, regardless of how this case is decided by OPM, we deny Ms. Orr's claim for TQA for the period of July 14 to November 28, 1993. This leaves for our review only Ms. Orr's claim for recovery of the usual and customary charge for packing her household goods. Under Section C8002-F.1 of the Joint Travel Regulations (JTR), which apply to Ms. Orr as a civilian employee of the Department of Defense, she is entitled to recover actual costs associated with the packing of her goods if her orders authorized shipment of household goods. The record shows that her travel orders, as amended, did include this authorization. Nevertheless, from her own description of her packing prior to departure, it appears that she personally packed her household goods and consequently incurred no actual costs. If this is correct, she is not entitled to any payment for packing. There is, however, an even more fundamental problem with Ms. Orr's claim for charges for packing her household goods. In her recent reply to an earlier inquiry from the Board, she explains that she never actually submitted a claim for these charges to her agency. The authority of this Board is limited to resolving disputed or questionable claims. We do not rule on a Government employee's claim in connection with travel or relocation unless that claim has already been submitted to an agency and subsequently is questioned or disputed by the employee's agency. We, therefore, dismiss this portion of her claim. If Ms. Orr does have any actual costs associated with the packing of her household goods, we urge her to submit a claim for them to her agency without further delay. Conclusion Ms. Orr's claim for TQA for the period of July 14 to November 28, 1993, is denied. Her claim for the usual and customary charge for packing her household goods is dismissed; she may make this claim to the agency if the claim involves actual costs. Her claim for gross salary and allowances for twenty-four months of her expected three year tour is also dismissed but will be referred by the Board to the OPM for final resolution. _____________________ EDWIN B. NEILL Board Judge