DISMISSED: December 8, 2022
CBCA 7556
U.S. ARMY TACTICAL SUPPLY,
Appellant,
v.
DEPARTMENT OF STATE,
Respondent.
The case caption as the decision prints it. Every word is kept; the rule the Board draws around it is not text, so it is not repeated here.
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 O’ROURKE.
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 Board’s order but only reiterated arguments that the Board has previously addressed.
USATS has improperly attempted again to litigate a claim that has been repeatedly dismissed. The previous dismissal with prejudice of USATS’ 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 USATS’ 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
Board Judge
We concur:
Jerome M. Drummond
Board Judge
Kathleen J. O’Rourke
Board Judge
This is a verbatim capture of the text layer of the Board's own document in U.S. Army Tactical Supply, CBCA 7556. Nothing is summarized or reworded, and the sections run in the order the Board wrote them. What the page shows and the text does not repeat is the pagination furniture: the page numbers and the rules the Board draws around its caption and under its signatures. The signatures are set back into the columns the Board prints them in, each judge under the name he or she signed, and the typed copy of that name the page carries beneath each signature is not repeated.