October 21, 1997
                                                


                             GSBCA 14192-RATE


                In the Matter of C. I. WHITTEN TRANSFER CO.


     Robert D. Norcom, Auditor, C. I. Whitten Transfer Co., Joplin,
MO, appearing for Claimant.

     Jeffrey J. Thurston, Director, Office of Transportation
Audits, General Services Administration, Washington, DC, appearing
for General Services Administration.

     Col. James F. Quinn, Staff Judge Advocate, Headquarters,
Military Traffic Management Command, Department of the Army, Falls
Church, VA, appearing for Department of Defense.

GOODMAN, Board Judge.

     In August 1993, claimant, C. I. Whitten Transfer Company,
transported a shipment of munitions for the Department of Defense
and received payment thereafter based upon what claimant referenced
as the applicable tender.  It then submitted a claim requesting
payment of an additional $1,273.33 on the basis that its tender did
not apply because the shipment was made under the Foreign Military
Sales (FMS) Act.

     The General Services Administration (GSA) Office of
Transportation Audits (OTA) issued a certificate of settlement
dated March 20, 1997, authorizing payment to claimant by the
Defense Finance and Accounting Service (DFAS) of the full amount of
the additional claim.  DFAS made a partial payment of $678.46, and
the balance of $597.87 remains unpaid.  Claimant has requested
review from this Board of what it calls OTA's "partial allowance
only of $678.46."  

     By statute, the review of OTA decisions was transferred to the
Administrator of the General Services Administration.  Pub. L. No.
104-316,  202(o)(2), 110 Stat. 3826, 3844 (1996), and by
delegation this Board now exercises this review function on behalf
of the Administrator in transportation rate cases.  However, in
this case, OTA has issued a decision granting claimant's entire
claim.  The fact that DFAS has only partially paid the amount to
which OTA has decided claimant is entitled does not convert OTA's
decision to "a partial allowance" as characterized by claimant.

     In Tri-State Motor Transit Co., GSBCA 13861-RATE (Oct. 14,
1997), we stated:

     The authority delegated to this Board is limited to the
     issuance of decisions reviewing OTA's actions.  The Board
     has no authority to issue orders enforcing decisions
     issued by GAO, or even directing OTA to comply with
     decisions issued by the Board. 

     As OTA has issued a decision which grants claimant's entire
claim, there is no action which the Board may take with respect to
this matter.  Even though DFAS has not complied with OTA's
decision, we have no authority to issue an order requiring DFAS to
comply with OTA's decision.  Accordingly, this case is dismissed.




                                   _______________________
                                   ALLAN H. GOODMAN
                                   Board Judge