Board of Contract Appeals
                    General Services Administration
                         Washington, D.C. 20405
 
 
 
                                                            
 
                             April 8, 1998
                                                           
 
 
                            GSBCA 14252-RELO
 
 
                    In the Matter of RAMIRO RAMIREZ
 
 
        Ramiro Ramirez, Huntsville, AL, Claimant.
 
        Don  B.  Hankins,  Chief,  Legal Services  Division,  United
   States  Army Aviation and  Missile Command, Redstone Arsenal, AL,
   appearing for Department of the Army.
 
   GOODMAN, Board Judge.
 
        Claimant,  Ramiro Ramirez,  is a  civilian  employee of  the
   Department  of the Army.  He has requested that this Board review
   the Army s denial  of his claim for reimbursement  of courier and
   transmittal fees arising from the  sale of his residence during a
   permanent change of station (PCS) move.
 
        In February 1991, claimant vacated his residence in El Paso,
   Texas, incident to a PCS move to an overseas post.  He maintained
   his residence with the intention of reoccupying the premises upon
   return from the overseas tour.  In May 1994, he was offered a PCS
   position at  Redstone Arsenal,  Alabama, which  he accepted,  and
   moved into a residence  there in July 1994.  In  1995, his former
   residence in El Paso was offered for sale. 
 
        In April  1997, the residence in  El Paso was sold.   During
   this sale, claimant incurred courier, express mail, and facsimile
   fees  in  the  amount  of $92.51,  which  claimant  explains were
   necessary   because  he  was   located  in  Alabama   during  the
   transaction.  Specifically, the expenses sought are:
 
        Courier fees to title company - $60
 
        Express mail fees  for letter from Huntsville,  Alabama
        to title company in Texas  handling the sale of the old
        residence - $16.51
 
        Fax fees from  Huntsville, Alabama to title  company in
        Texas handling sale of old residence - $16.00
 
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   The  agency denied reimbursement  of such expenses,  and claimant
   requested that this Board review the agency s denial.
     
        After claimant s request for review was filed at this Board,
   the agency submitted a memorandum  which stated that it  believed
   the expenses claimed  were payable under Joint  Travel Regulation
   (JTR) C9000,  entitled  Miscellaneous Expense  Allowance Incident
   to  Relocation of Household.    Accordingly, the  Board suspended
   proceedings  to  allow  claimant to  resubmit  his  claim to  the
   agency.  The  agency relied upon the fact that fees of the nature
   requested  by  claimant have  been  held  to  be reimbursable  as
   miscellaneous  expenses  under the  corresponding section  of the
   Federal Travel Regulation, but not as expenses in connection with
   the  sale or  purchase  of  a  residence.   See,  e.g.,  Paul  D.
   Atkinson, 70 Comp. Gen. 362 (1991).
 
        The  agency denied claimant s resubmitted claim on the basis
   that  the  claimant  has already  been  paid  the maximum  amount
   allowable       for       miscellaneous       expenses.[foot #] 1
   Claimant admits  that  he has  received  the amount  allowed  for
   miscellaneous expenses.   The  agency does  not dispute that  the
   costs  claimed were  incurred  by  claimant in  the  sale of  his
   residence. 
 
        Despite the holding  of the Comptroller General  relied upon
   by  the agency, we find  that these costs  are reimburseable.  In
   William D. Beller,  GSBCA 13692-RELO, 97-2 BCA   29,153,  a title
   company  courier  fee  which  the  agency  did  not  dispute  was
   necessary for required services in the real estate transaction at
   issue  was  deemed  reimbursable pursuant  to  JTR  C14002-A.6 as
   "incidental charges made  for required services in selling  . . .
   residences."   In the present case also, the agency does not deny
   that the  facsimile and  express mail fees  were necessary.   The
   agency merely asserts that it has reimbursed claimant the maximum
   limit  of  incidental costs  pursuant  to  JTR C9000.    However,
   claimant's   location in  Huntsville, Alabama, made  it necessary
   for  him to transmit information  in a timely  manner to Texas to
   accomplish   the  sale  of   his  old  residence.     Under  such
   circumstances,  we find  that  the  courier,  express  mail,  and
   facsimile  fees are reimbursable  pursuant to JTR  C14002-A.6, as
   these  charges  were  also incurred  for  "required  services" in
   selling  his  residence.    Here,  the  requisite  conditions  to
   reimbursement  have been  satisfied.    Accordingly, claimant  is
   entitled to reimbursement for the costs claimed.
 
 
 
                                                                    
                   ----------- FOOTNOTE BEGINS ---------
 
        [foot #] 1    The maximum  amount payable  is the  lesser of
   $700 or two weeks basic pay for an employee with dependants.  JTR
   C9003.  Claimant has a dependant.
 
                   ----------- FOOTNOTE ENDS -----------
 
 
 
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                                      ________________________
                                      ALLAN H. GOODMAN
                                      Board Judge