B-151567, DEC. 31, 1963

B-151567, DEC. 31, 1963

TO MR. JOSEPH D. LAFLEUR, JR.:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 3, 1963, RELATIVE TO YOUR INDEBTEDNESS TO THE UNITED STATES IN THE SUM OF $173.59 ARISING FROM YOUR SERVICE AS CAPTAIN, U.S. ARMY.

THE INDEBTEDNESS AROSE FROM THE ERRONEOUS PAYMENT FOR EIGHT DAYS' TERMINAL LEAVE AND THE SHIPMENT OF EXCESS WEIGHT OF HOUSEHOLD GOODS. THE OVERPAYMENT FOR LEAVE, $162.80, WAS REDUCED TO $18.02 BY ALLOWING A CREDIT OF $144.78 DUE FOR TRAVEL IN JANUARY 1952. THE SHIPMENT OF AN EXCESS QUANTITY OF HOUSEHOLD EFFECTS RESULTED IN AN INDEBTEDNESS OF $258.16 WHICH WAS REDUCED TO $155.57 BY ALLOWING A CREDIT OF $102.59 FOR THE INCLUSION OF 400 POUNDS OF PROFESSIONAL BOOKS AND PAPERS, RESULTING IN A NET TOTAL INDEBTEDNESS OF $173.59. THE MANNER IN WHICH YOUR DEBT WAS COMPUTED WAS THE SUBJECT OF LETTERS DATED DECEMBER 19, 1962, FEBRUARY 26, MARCH 15, AND APRIL 19, 1963, , FROM OUR INDIANAPOLIS, INDIANA, OFFICE, AND DECISIONS DATED AUGUST 1, OCTOBER 14 AND NOVEMBER 13, 1963. HOWEVER, YOU CONTINUE TO QUESTION THE COMPUTATION OF EXCESS LEAVE AND THE INCLUSION IN THE SHIPMENT OF HOUSEHOLD GOODS OF UNWANTED ITEMS, AND SAY YOU HAVE NOT RECEIVED PROPER CREDIT FOR INCLUSION OF PROFESSIONAL BOOKS. YOU SAY YOU WOULD LIKE TO SEE AN AUDIT OF YOUR LEAVE ACCOUNT; ALSO, YOU QUESTION THE CREDIT FOR THE 1952 TRAVEL AND EXPRESS THE BELIEF THAT THE GOVERNMENT OWES YOU $144.78 FOR THAT TRAVEL.

YOUR VARIOUS CONTENTIONS WITH REGARD TO YOUR INDEBTEDNESS TO THE GOVERNMENT HAVE BEEN GIVEN CAREFUL CONSIDERATION, AND YOU HAVE BEEN FULLY ADVISED AS TO THE BASIS FOR OUR CONCLUSIONS IN THE MATTER AND THAT SUCH CONCLUSIONS ARE PROPER AND REQUIRED UNDER THE CONTROLLING LAW AND REGULATIONS. WITH REGARD TO THE COMPUTATION OF YOUR LEAVE, YOU WERE FURNISHED A COPY OF YOUR LEAVE RECORD WITH THE LETTER OF FEBRUARY 26, 1963, AND ADVISED THAT IN ADDITION TO THE LEAVE CHARGED AGAINST YOU ADMINISTRATIVELY, AS SHOWN ON THAT RECORD (UPON WHICH YOU WERE PAID FOR ACCRUED LEAVE ON SEPARATION FROM THE SERVICE), YOU WERE PROPERLY CHARGEABLE WITH LEAVE FOR TRAVEL TIME TAKEN BY YOU IN JUNE AND SEPTEMBER, 1956, TO THE EXTENT THAT IT EXCEEDED THE TRAVEL TIME AUTHORIZED BY THE REGULATIONS AS NECESSARY TO ACCOMPLISH THE TRAVEL REQUIRED BY YOUR MILITARY ORDERS. SEE IN THAT REGARD 38 COMP. GEN. 513.

YOUR PRESENT LETTER CONTAINS NO INFORMATION NOT PREVIOUSLY FULLY CONSIDERED IN YOUR CASE, AND CONSEQUENTLY PROVIDES NO PROPER BASIS FOR A CONCLUSION OTHER THAN THAT HERETOFORE REACHED. IT IS REQUESTED THEREFORE THAT YOU PROMPTLY REMIT THE $173.59 DUE THE GOVERNMENT. YOUR CHECK FOR $18.02 SUBMITTED IN CONNECTION WITH THE CONSIDERATION OF YOUR INDEBTEDNESS IS RETURNED HEREWITH.

AS INDICATED IN THE PREVIOUS LETTERS AND DECISIONS IN YOUR CASE, THE AMOUNT OF YOUR INDEBTEDNESS WAS DETERMINED ON THE BASIS OF THE FACTS OF RECORD AND THE APPLICABLE REGULATIONS. WE HAVE NO CHOICE BUT TO APPLY SUCH REGULATIONS AND, CONSEQUENTLY, MAY NOT ADJUST YOUR INDEBTEDNESS ON SOME OTHER BASIS. THE REGULATIONS THEMSELVES, HOWEVER, PERMIT SOME DEVIATIONS BY THE SECRETARY CONCERNED. FOR EXAMPLE, AT THE TIME YOUR HOUSEHOLD EFFECTS WERE SHIPPED THERE WAS IN EFFECT PARAGRAPH 8001-3 OF THE JOINT TRAVEL REGULATIONS (CHANGE 86, NOVEMBER 1, 1959) WHICH PROVIDES FOR REFERRAL TO APPROPRIATE AUTHORITY OF THE SERVICE CONCERNED FOR AUTHORIZATION TO DEVIATE FROM THE PRESCRIBED PACKING AND CRATING ALLOWANCES IN THOSE CASES WHERE THE TARE WEIGHTS ARE EXCESSIVE THROUGH NO FAULT OF THE OWNER. INSTRUCTIONS REGARDING SUCH SITUATIONS ARE CONTAINED IN PARAGRAPH 5-5-C, ARMY REGULATIONS 55 71, CHANGE 1, AUGUST 30, 1963, AS FOLLOWS:

"EXCESS TARE WEIGHT. IN INSTANCES WHERE, THROUGH NO FAULT OF THE OWNER, THE TARE WEIGHT OF A SHIPMENT IS IN EXCESS OF THE ALLOWANCES PRESCRIBED * * * THE CASE MAY BE REFERRED TO THE CHIEF OF TRANSPORTATION FOR AUTHORITY TO DEVIATE FROM THESE ALLOWANCES. ALL CASES SO REFERRED WILL BE FULLY DOCUMENTED TO SHOW THE CAUSE OF EXCESSIVE TARE WEIGHT.'

ALSO, THE APPROPRIATE MILITARY OFFICIALS WOULD APPEAR TO HAVE AUTHORITY TO RECONSIDER PREVIOUS DETERMINATIONS AS TO ALLOWABLE WEIGHTS INCLUDING THE WEIGHT OF PROFESSIONAL BOOKS AND TO MAKE ANY ADJUSTMENTS IN SUCH WEIGHTS FOUND TO BE PROPER.

IF YOU FEEL THAT THERE IS BASIS FOR FURTHER CONSIDERATION OF YOUR CASE UNDER THOSE PROVISIONS AND APPLY TO THE CHIEF OF TRANSPORTATION, DEPARTMENT OF THE ARMY, WASHINGTON, D.C., 20315, AND IF PURSUANT TO YOUR APPLICATION THE WEIGHTS OF YOUR HOUSEHOLD GOODS, INCLUDING PROFESSIONAL BOOKS AND PAPERS, ARE ADJUSTED AND THIS OFFICE IS SO ADVISED BY THE CHIEF OF TRANSPORTATION, WE WILL EFFECT ANY ADJUSTMENT OF YOUR ACCOUNT THEN FOUND NECESSARY.