CBCA 7556
Board: CBCA
Agency: Department of State
Appellant: U.S. Army Tactical Supply
Date: 2022-12-08
Outcome: dismissed
DISMISSED: December 8, 2022
CBCA 7556
U.S. ARMY TACTICAL SUPPLY,
Appellant,
v.
DEPARTMENT OF STATE,
Respondent.
Mohammad Wali Mohammad, Manager of U.S. Army Tactical Supply, Kuwait City,
Kuwait, appearing for Appellant.
Randal W. Wax, Office of the Legal Adviser, Buildings and Acquisitions, Department
of State, Washington, DC, counsel for Respondent.
Before Board Judges DRUMMOND, KULLBERG, and OâROURKE.
KULLBERG, Board Judge.
On October 27, 2022, the Board docketed the most recent appeal of United States
Army Tactical Supply (USATS), which appeals the denial of its claim for the cost of
materials delivered to the United States Embassy, Bangui, Central African Republic. On that
same date, the Board issued to USATS an order to show cause why this appeal should not
be dismissed, citing the previous dismissals of its appeals of the same claim. U.S. Army
Tactical Supply v. Department of State, CBCA 7376, 22-1 BCA ¶ 38,170; U.S. Army Tactical
Supply v. Department of State, CBCA 6417 (Jan. 11, 2021) (dismissed with prejudice).
USATS subsequently responded to the Boardâs order but only reiterated arguments that the
Board has previously addressed.
CBCA 7556 2
USATS has improperly attempted again to litigate a claim that has been repeatedly
dismissed. The previous dismissal with prejudice of USATSâ earlier appeal, CBCA 6417,
was a final adjudication of its claim. See U.S. Army Tactical Supply, 22-1 BCA at
185,376. Accordingly, the Board finds no alternative but to dismiss this appeal. In light of
USATSâ persistence in repeatedly appealing a claim that has been adjudicated with finality,
any future appeals of that claim will be returned without further action by the Board.
Decision
The appeal is DISMISSED.
H. Chuck Kullberg
H. CHUCK KULLBERG
Board Judge
We concur:
Jerome M. Drummond Kathleen J. OâRourke
JEROME M. DRUMMOND KATHLEEN J. OâROURKE
Board Judge Board Judge