B-162530, OCT. 13, 1967

B-162530, OCT. 13, 1967

TRANSPORTATION - HOUSEHOLD EFFECTS - MILITARY PERSONNEL ENTITLEMENT DECISION TO AIR FORCE OFFICER REVIEWING CLAIM FOR EXCESS COST INCURRED IN SHIPMENT OF HOUSEHOLD EFFECTS FROM RICHARDS GEBAUR AIR FORCE BASE, MISSOURI AND ARLINGTON, VA. TO QUITO, ECUADOR. AIR FORCE OFFICER WHO CLAIMS EXCESS COST OF HOUSEHOLD EFFECTS INCIDENT TO TRANSFER TO ECUADOR BECAUSE AIR FORCE MISSION AGREEMENT BETWEEN U.S. AND ECUADOR PROVIDES FOR PAYMENT FOR SHIPPING EFFECTS OF MISSION PERSONNEL ENTITLEMENT OF MEMBERS OF ARMED SERVICES IS GOVERNED BY SAME RESTRICTIONS APPLICABLE TO SHIPMENTS BY OTHER MEMBERS OF ARMED SERVICES. WITH RESPECT TO CLAIM FOR SHIPMENT OF PROFESSIONAL BOOKS, ALTHOUGH BILL OF LADING DID NOT SHOW SUCH ITEM, IT HAS BEEN ADMINISTRATIVELY DETERMINED THAT SHIPMENT INCLUDED 240 POUNDS OF PROFESSIONAL BOOKS. THEREFORE CLAIM WILL BE REDUCED BY SUCH AMOUNT.

TO COLONEL WILLIAM O. JONES, USAF:

FURTHER REFERENCE IS MADE TO YOUR LETTERS OF SEPTEMBER 5 AND 6, 1967, REQUESTING REVIEW OF THE SETTLEMENT OF AUGUST 17, 1967, WHICH DISALLOWED YOUR CLAIM FOR RELIEF FROM PAYMENT OF EXCESS COST INCURRED IN SHIPPING YOUR HOUSEHOLD GOODS FROM RICHARDS-GEBAUR AIR FORCE BASE, MISSOURI, AND ARLINGTON, VIRGINIA, TO QUITO, ECUADOR.

THE SHIPMENTS WERE MADE IN MARCH 1966 PURSUANT TO SPECIAL ORDER AE-14, JANUARY 25, 1966, WHICH RELIEVED YOU FROM DUTY AT CHANUTE AIR FORCE BASE, ILLINOIS, WITH DUTY STATION AT FORT MYER, VIRGINIA, AND ASSIGNED YOU TO 5500 USAF FOREIGN MISSION SQUADRON, USAFSO, APO, NEW YORK, WITH PERMANENT DUTY STATION AT QUITO, ECUADOR. THE RECORD SHOWS YOU SHIPPED 4,659 POUNDS (NET WEIGHT) OF HOUSEHOLD EFFECTS FROM RICHARDS GEBAUR AIR FORCE BASE AND THAT YOU MADE TWO SHIPMENTS WEIGHING 298 AND 7,552 POUNDS NET WEIGHT, RESPECTIVELY, FROM ARLINGTON, OR A TOTAL NET WEIGHT OF 12,509 POUNDS OF HOUSEHOLD EFFECTS. SINCE THE MAXIMUM AUTHORIZED WEIGHT ALLOWANCE UNDER SECTION 615, DEPARTMENT OF DEFENSE APPROPRIATION ACT 1966, WAS 11,000 POUNDS AND YOU SHIPPED A TOTAL WEIGHT OF 12,509 POUNDS, THERE WAS AN EXCESS WEIGHT OF 1,509 POUNDS OF HOUSEHOLD EFFECTS, PLUS 79 POUNDS OF PACKING, OR A TOTAL EXCESS WEIGHT OF 1,588 POUNDS, WHICH WAS CHARGED AGAINST THE LAST SHIPMENT RESULTING IN AN EXCESS COST OF $1,056.02 AS SET FORTH IN AIR FORCE PAY ADJUSTMENT AUTHORIZATION DATED JUNE 7, 1967. THE LAST SHIPMENT WEIGHED 7,950 POUNDS INCLUDING PACKING MATERIALS. IT MOVED BY AIR VAN FROM ARLINGTON TO QUITO, AT A COST OF $5,286.75, WHICH WAS PAID TO NORTH AMERICAN VAN LINES. YOUR CLAIM WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE FOR THE REASONS STATED THEREIN.

IN YOUR LETTER OF SEPTEMBER 5, 1967, YOU SAY YOU SHOULD BE CREDITED WITH 900 POUNDS OF PROFESSIONAL BOOKS IN THE SHIPMENT FROM RICHARDS GEBAUR AIR FORCE BASE AND 250 POUNDS IN THE SHIPMENT FROM ARLINGTON. IN YOUR LETTER OF SEPTEMBER 6, 1967, YOU REFER TO THE AIR FORCE MISSION AGREEMENT BETWEEN THE GOVERNMENTS OF THE UNITED STATES AND ECUADOR IN WHICH, AMONG OTHER THINGS, THE GOVERNMENT OF THE REPUBLIC OF ECUADOR AGREED TO PAY THE EXPENSES OF SHIPPING HOUSEHOLD EFFECTS OF EACH MEMBER OF THE MISSION FROM THE PORT OF EMBARKATION IN THE UNITED STATES TO HIS RESIDENCE IN ECUADOR. YOU SUGGEST THAT IF THE CHARGE FOR THE EXCESS WEIGHT IS NOT REMOVED THE GOVERNMENT OF ECUADOR SHOULD BE REQUESTED TO ASSUME THE ADDITIONAL COST UNDER THE TERMS OF THE AGREEMENT.

THE PERTINENT STATUTE, 37 U.S.C. 406, PROVIDES THAT UNDER SUCH CONDITIONS AND LIMITATIONS AS THE SECRETARIES MAY PRESCRIBE, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO TRANSPORTATION OF HOUSEHOLD EFFECTS IN CONNECTION WITH A CHANGE OF STATION. PARAGRAPH M8007-2 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT THE MEMBER SHALL BEAR THE EXCESS COST INCURRED IN SHIPPING HOUSEHOLD EFFECTS IN EXCESS OF THE AUTHORIZED WEIGHT ALLOWANCE. ALTHOUGH THE GOVERNMENT OF ECUADOR, UNDER THE TERMS OF THE AIR FORCE MISSION AGREEMENT, HAS AGREED TO BEAR THE COST OF SHIPPING THE HOUSEHOLD EFFECTS OF MISSION PERSONNEL FROM THE UNITED STATES PORT OF EMBARKATION TO ECUADOR, YOUR ENTITLEMENT TO SHIP HOUSEHOLD EFFECTS IS GOVERNED BY THE JOINT TRAVEL REGULATIONS AS WELL AS THE APPROPRIATION ACT LIMITATION AND SUBJECT TO THE SAME RESTRICTIONS AS SIMILAR SHIPMENTS BY OTHER MEMBERS AT THE EXPENSE OF THE UNITED STATES. SEE DECISION OF MARCH 12, 1958, B 132858, COPY ENCLOSED.

PARAGRAPH M8004 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT A MEMBER MAY SHIP PROFESSIONAL BOOKS, PAPERS AND EQUIPMENT REQUIRED IN THE PERFORMANCE OF DUTY UPON CHANGE OF STATION WITHOUT CHARGE AGAINST HIS WEIGHT ALLOWANCE WHEN PREPARED FOR SHIPMENT IN ACCORDANCE WITH REGULATIONS OF THE SERVICE CONCERNED. PARAGRAPH 5103 (6), AIR FORCE MANUAL 75-4E REQUIRES THE MEMBER TO DECLARE AND ITEMIZE HIS PROFESSIONAL BOOKS, PAPERS AND EQUIPMENT WHEN APPLYING FOR SHIPMENT OF HOUSEHOLD EFFECTS AND PROVIDES THAT THE TRANSPORTATION OFFICER MUST VERIFY THE WEIGHT.

SINCE THE RECORD DOES NOT ESTABLISH THAT YOU DECLARED OR ITEMIZED PROFESSIONAL ITEMS ON THE SHIPMENT FROM RICHARDS-GEBAUR AIR FORCE BASE NOR DO SHIPPING DOCUMENTS REFLECT THAT SUCH ITEMS WERE SHIPPED, THERE IS NO BASIS ON WHICH YOU MAY BE ALLOWED A CREDIT OF 900 POUNDS FOR PROFESSIONAL ITEMS ON THAT SHIPMENT. HOWEVER, IN YOUR APPLICATION DATED FEBRUARY 7, 1966, FOR SHIPMENT OF HOUSEHOLD EFFECTS FROM ARLINGTON, VIRGINIA, TO QUITO, ECUADOR, YOU INDICATED THAT THE SHIPMENT WOULD INVOLVE APPROXIMATELY 100 POUNDS OF PROFESSIONAL BOOKS, PAPERS AND EQUIPMENT. ALTHOUGH THE BILL OF LADING (C-7099175) PREPARED TO COVER THAT SHIPMENT STATES THAT NO PROFESSIONAL BOOKS, PAPERS AND EQUIPMENT WERE INVOLVED, THE DIRECTORATE OF TRANSPORTATION, AIR FORCE, UPON EXAMINATION OF ALL THE FACTS AND CIRCUMSTANCES, DETERMINED THAT THE SHIPMENT INCLUDED 240 POUNDS OF PROFESSIONAL ITEMS AND INFORMED YOU IN A LETTER DATED JUNE 23, 1967, THAT THE EXCESS COST WOULD BE RECOMPUTED TO REFLECT CREDIT FOR SUCH ITEMS. ON THAT BASIS THE EXCESS WEIGHT HAS BEEN REDUCED TO 1,348 POUNDS AND THE EXCESS COST HAS BEEN RECOMPUTED AS FOLLOWS:

1348 X $5,286.75 - $896.42

7950

SINCE $896.42 REPRESENTS THE EXCESS COST OF THE SHIPMENT, YOUR INDEBTEDNESS HAS BEEN REDUCED TO THAT AMOUNT. ACCORDINGLY, THAT AMOUNT SHOULD BE REMITTED TO THE AIR FORCE. A COPY OF THIS DECISION HAS BEEN FURNISHED TO THE DIRECTORATE OF TRANSPORTATION, DEPARTMENT OF THE AIR FORCE.