Board of Contract Appeals
                    General Services Administration
                         Washington, D.C. 20405
 
 
                          ___________________
 
                              May 17, 1999
                          ___________________
 
 
                            GSBCA 14876-RELO
 
 
                    In the Matter of KENNETH J. SHAW
 
 
        Kenneth J. Shaw, APO Area Europe, Claimant.
 
        R.  Michael  Imphong,  Chief,   Allowances  Unit,  Personnel
   Resources Compensation and  Entitlements, Department  of the  Air
   Force, Washington, DC, appearing for Department of the Air Force.
 
   DeGRAFF, Board Judge.
 
        In 1997, Kenneth  J. Shaw was employed by  the United States
   Air Force in  Florida.  The Air Force offered Mr. Shaw a position
   in  Germany, and he accepted  the offer.   In connection with his
   transfer to Germany, Mr. Shaw sold his house in Florida.  When he
   did so,  he was under the  erroneous impression that he  would be
   able to  participate in  an agency  relocation buy-back  program.
   Mr. Shaw  claims that he  lost $21,996.62  as the  result of  Air
   Force  personnel   providing  him  with   inaccurate  information
   concerning  his ability to participate in the relocation buy-back
   program.  
 
        The Air Force understood Mr.  Shaw s claim to be for a  loss
   that he sustained due  to the price at which he  was able to sell
   his Florida  house.  Based  upon the information provided  by Mr.
   Shaw, we reached  the same understanding.  In its response to Mr.
   Shaw s  claim,  the  Air  Force  accurately  explained  that  the
   applicable statute and regulations do not permit the Air Force to
   reimburse an employee for losses caused by an inability to sell a
   house for the  asking price or at  its appraised value or  at its
   original cost,  or for similar losses.   5 U.S.C.    5724a (d)(5)
   (West Supp. 1999); 41  CFR 302-6.2(e) (1997).  The Air Force also
   correctly noted  that it  is well-settled  that erroneous  advice
   provided  by  Government  officials cannot  provide  a  basis for
   reimbursement   where   no   independent   authority   for   such
   reimbursement  exists.    Masood  Badizadegan,  GSBCA 14393-RELO,
   98-2  BCA   29,789. 
 
        In reply to the Air Force s response  to his claim, Mr. Shaw
   states that he is not seeking to recover losses  that he incurred
   in the sale of  his house in Florida.  Instead, he says, he wants
   to be  reimbursed for  the expenses associated  with the  sale of
   that house, such as realtor fees.  It appears that Mr. Shaw never
   submitted a claim to the Air Force for such expenses.  
 
 
        According to our rules, we  cannot consider Mr. Shaw s claim
   because he has never presented it to the Air Force.  Rule 401(c).
   If Mr. Shaw  wants the Air Force  to decide whether he  should be
   reimbursed for  $21,996.62 of  home sale  expenses,  he needs  to
   submit a claim, with appropriate supporting documentation, to the
   Air Force  for that amount.  If the Air Force decides to deny the
   claim, Mr. Shaw can ask us to review the Air Force s decision.
 
        The claim is dismissed.
   ____________________________
 
                                           MARTHA H. DeGRAFF
                                           Board Judge