B-156591, JUL. 23, 1965
Highlights
THIS MATTER WAS THE SUBJECT OF OUR DECISION B-156591 OF MAY 21. SINCE THE REPORTED FACTS WERE SET FORTH THEREIN THEY NEED NOT BE REPEATED HERE. IN YOUR PRESENT LETTER YOU FURNISH NO INFORMATION CONCERNING THE SHIPMENTS BUT STATE THAT OUR DECISIONS WERE BASED ONLY UPON INFORMATION FURNISHED BY THE AGENCY AND THAT YOU HAVE NOT BEEN GIVEN AN OPPORTUNITY TO PRESENT YOUR "SIDE OF THE STORY.'. TO THE AGENCY IN WHICH YOU STATE THAT SINCE OTHER EMPLOYEES SIMILARLY SITUATED HAVE BEEN AFFORDED MAXIMUM WEIGHT ALLOWANCES A PRECEDENT HAS BEEN ESTABLISHED. YOU NOW SAY THE REAL ISSUE IS NOT WHETHER THE EFFECTS WERE CRATED BUT IS ONE OF DISCRIMINATION AGAINST YOU. THE TRANSPORTATION OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE IS GOVERNED BY THE APPLICABLE LAWS AND REGULATIONS.
B-156591, JUL. 23, 1965
TO MR. WALTER A. RADELOFF:
WE REFER TO YOUR LETTER OF JUNE 28, 1965, IN FURTHER REFERENCE TO YOUR INDEBTEDNESS ARISING FROM TWO SHIPMENTS OF YOUR HOUSEHOLD EFFECTS INCIDENT TO YOUR EMPLOYMENT WITH THE ATOMIC ENERGY COMMISSION.
THIS MATTER WAS THE SUBJECT OF OUR DECISION B-156591 OF MAY 21, 1965, TO THE AGENCY, AND OF JUNE 25, 1965, TO YOU, AND SINCE THE REPORTED FACTS WERE SET FORTH THEREIN THEY NEED NOT BE REPEATED HERE.
IN YOUR PRESENT LETTER YOU FURNISH NO INFORMATION CONCERNING THE SHIPMENTS BUT STATE THAT OUR DECISIONS WERE BASED ONLY UPON INFORMATION FURNISHED BY THE AGENCY AND THAT YOU HAVE NOT BEEN GIVEN AN OPPORTUNITY TO PRESENT YOUR "SIDE OF THE STORY.' IN THAT REGARD, WE POINT OUT THAT WE GAVE FULL CONSIDERATION TO ALL FACTS SUBMITTED BY YOU IN OUR PREVIOUS DECISIONS IN THIS CASE, AND IN OUR DECISION OF JUNE 25 TO YOU, WE EXPRESSED OUR WILLINGNESS TO CONSIDER SUCH FURTHER EVIDENCE AS YOU MIGHT SUBMIT TO US. NO SUCH EVIDENCE HAS BEEN FURNISHED US.
WE RECEIVED A COPY OF YOUR MEMORANDUM OF JULY 6, 1965, TO THE AGENCY IN WHICH YOU STATE THAT SINCE OTHER EMPLOYEES SIMILARLY SITUATED HAVE BEEN AFFORDED MAXIMUM WEIGHT ALLOWANCES A PRECEDENT HAS BEEN ESTABLISHED. THEREFORE, YOU NOW SAY THE REAL ISSUE IS NOT WHETHER THE EFFECTS WERE CRATED BUT IS ONE OF DISCRIMINATION AGAINST YOU, AND THAT YOU SHOULD BE AFFORDED THE SAME TREATMENT AS OTHERS.
THE TRANSPORTATION OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE IS GOVERNED BY THE APPLICABLE LAWS AND REGULATIONS. ANY PAYMENTS OR ALLOWANCES IN EXCESS OF THOSE AUTHORIZED THEREIN ARE ILLEGAL. THEREFORE, IF THE AGENCY THROUGH AN INADVERTENCE OR OTHERWISE HAS PERMITTED EXCESSIVE PAYMENTS OR ALLOWANCES TO OTHERS SUCH MATTERS ARE FOR CONSIDERATION IN THE AUDIT OF THE ACCOUNTS AND CANNOT SERVE TO INCREASE THE BENEFITS TO WHICH YOU ARE LEGALLY ENTITLED. WE ASSUME THAT YOUR AGENCY WILL FURNISH AN APPROPRIATE REPLY TO YOUR LETTER OF JULY 6, 1965.