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                             October 30, 1997
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                             GSBCA 14258-RELO


                      In the Matter of BOBBY J. ALLEN


     Bobby J. Allen, Athens, AL, Claimant.

     Karen S. Gillett, Acting Chief, Administrative Law, Office
of the Staff Judge Advocate, Department of the Army, Fort
Belvoir, VA, appearing for Department of Defense.      

NEILL, Board Judge.

     Claimant in this case, Mr. Bobby J. Allen, is a civilian
employee of the United States Army.  He has filed a claim for the
recovery of certain expenses incurred in connection with
residence transactions.  The Army has denied the claim on the
ground that it is untimely filed.  Mr. Allen has appealed this
decision.  We are dismissing his request for review on the ground
that it has been untimely filed. 

                                Background

     In March 1987, Mr. Allen was transferred from the United
States Army installation at Vint Hill Farm Station in Warrenton,
Virginia to U.S. Army Missile Command (MICOM) at Redstone
Arsenal, Alabama.  His report date for Redstone Arsenal is stated
in his travel orders as being on or about March 22, 1987.  

     On August 25, 1987, settlement took place on the sale of Mr.
Allen's residence in Virginia.  On September 1, 1987, settlement
took place on his purchase of a new residence for himself and his 
family in Athens, Alabama.  

     On November 19, 1996, Mr. Allen submitted a claim to recover
certain costs incurred in conjunction with the sale of his
residence in Virginia.  On that same date, he also submitted a
claim to recover costs incurred in the purchase of his new
residence in Alabama.  


     Mr. Allen s claim for costs incurred in conjunction with the
sale of his residence in Virginia was returned to him in December
1996 by the office of the Staff Judge Advocate.  The position
taken by that office was that  a claim against the Government
must be received by the Comptroller General within 6 years after
the date of the transaction."  The office cited Title 31, section
3702(b) of the United States Code in support of its position and
concluded that the claim was not payable.  Mr. Allen's claim for
costs incurred in conjunction with the purchase of his new
residence in Alabama was likewise rejected for the same reason.  

     In June 1997, Mr. Allen appealed to the Comptroller General. 
He explained that he had been repeatedly advised by the MICOM
legal office that if he purchased his home within two years after
arrival at MICOM that there would be no time limit for him to
file for his real estate expenses.  Mr. Allen states that he
delayed several years in submitting his claims because of the
advice received from MICOM counsel and because of extended
temporary duty assignments elsewhere.  

     As a result of legislative changes transferring to the
General Services Administration the Comptroller General s
settlement authority for relocation claims by civilian employees
of the United States Government, Mr. Allen s letter to the
Comptroller General was referred to this Board for action.

                                Discussion

     At the time Mr. Allen was transferred to Redstone Arsenal,
in March of 1987, Section 3702 of Title 31 of the United States
Code provided that, in the event the Comptroller General should
be called upon to settle a claim against the United States
Government, that claim must be received by the Comptroller
General within six years after the claim accrued.  Mr. Allen's
right to reimbursement of certain expenses incurred in connection
with his residence transactions accrued at the time of settlement
on the two residences.  This was respectively on August 25 and
September 1 of 1987.  Any disagreement with the agency regarding
a claim for the sale of one residence and/or purchase of the
other would, therefore, have had to have been received by the
Comptroller General within six years of these two respective
dates.  By express statutory provision, the right to review by
the Comptroller General was, by operation of law, lost with the
expiration of the specified six-year period.    

     From the record for this case, it is clear that a dispute
has eventually developed in the processing of Mr. Allen's claim
and that, in June 1997, this matter was referred to the
Comptroller General.  The request for review by the Comptroller
General is clearly untimely.  As his successor in the exercise of
claim settlement authority for relocation claims such as those in
this case, this Board recognizes the effect of the aforesaid
statute of limitation even on cases subsequently referred to it
by the General Accounting Office.  Frank H. Khattat, GSBCA 13711-
TRAV, 97-2 BCA  29,069.  We, therefore, dismiss Mr. Allen's
claim as untimely filed.  


                                   _____________________
                                   EDWIN B. NEILL
                                   Board Judge