Skip to main content

[Comments on Army Member's Claim for Refund for Excess Weight Charges]

B-251563 Published: Jun 14, 1993. Publicly Released: Jun 14, 1993.
Jump To:
Skip to Highlights

Highlights

No summary is currently available

View Decision

B-251563, June 14, 1993

MILITARY PERSONNEL Relocation Household goods Weight restrictions Liability Reconsideration A member exceeded his weight allowance for a Permanent Change of Station move. The Army declined to reduce the weight of his household goods shipment after the fact to account for professional books, papers, and equipment which the member said were included, but should not be counted in the total weight. This Office will not question the Army's decision, since questions regarding excess weight and the classification of items as professional materials are generally matters for administrative determination.

 

Dear            :

This is in response to your appeal of Claims Group settlement Z-2867734, dated June 5, 1992, which denied your claim for a refund of excess weight charges. We have reviewed your request and must affirm that denial.

The record indicates that pursuant to a permanent change of station move in January 1990 you were entitled to a weight allowance of 13,500 pounds. You exceeded that allowance by an adjusted amount of 2,013 pounds. The resulting excess weight charges were deducted from your pay. You contend that at least part of that excess weight consisted of professional books, papers, and equipment which were included in your household goods. You requested that the Army reduce the weight of your shipment to account for your professional materials. The Army declined to make that adjustment, and you have appealed the Claims Group's denial of your claim for refund of the excess weight charges.

Questions as to whether and to what extent a member exceeds his weight allowance for a shipment of household goods and whether or not certain items are classified as professional materials are generally considered to be matters reserved for administrative determination, not normally subject to further review. In the absence of clear error, this Office generally will not question a service's determination in such matters. Lieutenant Colonel Stanley M. Plies, USAF, B-196994, May 9, 1980.

In your situation your household goods were not reweighed, the Army decided not to recalculate the weight of your household goods after the fact to account for professional books, papers, and equipment. As stated in the Claims Group settlement, governing regulations do not provide for after the fact weight reconstructions. Nor do the regulations mandate that request from members that household goods be reweighed be granted. We see nothing clearly erroneous in this decision. This Office will therefore not disturb the Army's determination. We find no error of fact or law in the Claims Group's settlement, which accordingly is affirmed.

 

 

Full Report

Office of Public Affairs

Topics

Administrative remediesArmy personnelClaims settlementEnlisted personnelFreight transportationHousehold goodsIndebtedness waiversTransportation expense claimsMilitary forcesEmployee transfers