B-121834, DEC. 20, 1957

B-121834: Dec 20, 1957

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THE TRANSPORTATION OF EFFECTS OF CIVILIAN EMPLOYEES IS LIMITED TO A MAXIMUM OF 8. WE ASSUME THAT THE GOVERNMENT'S PAYMENT IN YOUR CASE FOR MOVEMENT OF YOUR EFFECTS WAS ON BASIS OF GROSS WEIGHT. THERE IS NO PROVISION IN THE STATUTE OR REGULATIONS WHEREBY AN EMPLOYEE CAN BE RELIEVED OF EXCESS WEIGHT COSTS. UNDER THE FOREGOING STATUTORY AUTHORITY AND EXECUTIVE ORDER IS SHIPPED ON A GOVERNMENT BILL OF LADING. WHICH LIMITATION WE HAVE CONSISTENTLY APPLIED IN SIMILAR CASES. TOGETHER WITH THE FACT THAT IN THE CIRCUMSTANCES ABOVE IT IS IMMATERIAL WHETHER THE NET WEIGHT OF THE EFFECTS IS WITHIN NET WEIGHT AUTHORIZED BY STATUTE WE ARE REQUIRED TO CONCLUDE THAT YOU ARE NOT ENTITLED TO REFUND OF THE AMOUNT ALREADY PAID.

B-121834, DEC. 20, 1957

TO MR. BERNARD P. OXMAN:

YOUR LETTER OF AUGUST 15, 1957, ASSERTS A CLAIM AGAINST THE DEPARTMENTS OF THE ARMY AND THE AIR FORCE FOR THE PAYMENTS BEING MADE BY YOU, UNDER DURESS, FOR ALLEGED INDEBTEDNESS RESULTING FROM THE SHIPMENT OF HOUSEHOLD EFFECTS OVER AUTHORIZED WEIGHT ALLOWANCE UPON YOUR RETURN FROM OVERSEAS EMPLOYMENT WITH THE DEPARTMENT OF THE AIR FORCE. YOU POINT OUT THAT THE ALLEGED INDEBTEDNESS AMOUNTS TO $1,471.54 AND RESULTS FROM THE COST OF SHIPPING EXCESS WEIGHT OF YOUR HOUSEHOLD EFFECTS TOTALING 15,900 POUNDS.

UNDER THE APPLICABLE LAW, SECTION 1 (A) OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, 60 STAT. 806, AND SECTION 17 OF E.O. 9805, AS AMENDED, THE REGULATIONS ISSUED PURSUANT TO SECTION 1 (A), THE TRANSPORTATION OF EFFECTS OF CIVILIAN EMPLOYEES IS LIMITED TO A MAXIMUM OF 8,750 POUNDS GROSS WEIGHT. WE ASSUME THAT THE GOVERNMENT'S PAYMENT IN YOUR CASE FOR MOVEMENT OF YOUR EFFECTS WAS ON BASIS OF GROSS WEIGHT. THERE IS NO PROVISION IN THE STATUTE OR REGULATIONS WHEREBY AN EMPLOYEE CAN BE RELIEVED OF EXCESS WEIGHT COSTS. SECTION 22 OF THE FOREGOING EXECUTIVE ORDER PROVIDES THAT IF PROPERTY IN EXCESS OF THE AMOUNT ALLOWABLE--- 8,750 POUNDS IN SUCH A CASE AS YOURS -- UNDER THE FOREGOING STATUTORY AUTHORITY AND EXECUTIVE ORDER IS SHIPPED ON A GOVERNMENT BILL OF LADING, THE EMPLOYEE SHALL IMMEDIATELY UPON COMPLETION OF THE SHIPMENT, PAY TO THE PROPER OFFICER OF THE DEPARTMENT, AN AMOUNT EQUAL TO THE CHARGE FOR TRANSPORTATION OF SUCH EXCESS.

IN VIEW OF THE FOREGOING SPECIFIC GROSS WEIGHT LIMITATION PRESCRIBED IN THE APPLICABLE LAW AND REGULATIONS, FROM WHICH WE CAN NOT DEVIATE, AND WHICH LIMITATION WE HAVE CONSISTENTLY APPLIED IN SIMILAR CASES, TOGETHER WITH THE FACT THAT IN THE CIRCUMSTANCES ABOVE IT IS IMMATERIAL WHETHER THE NET WEIGHT OF THE EFFECTS IS WITHIN NET WEIGHT AUTHORIZED BY STATUTE WE ARE REQUIRED TO CONCLUDE THAT YOU ARE NOT ENTITLED TO REFUND OF THE AMOUNT ALREADY PAID, AND THAT THE ADMINISTRATIVE OFFICE IS REQUIRED TO CONTINUE COLLECTIONS UNTIL YOUR INDEBTEDNESS IS FULLY LIQUIDATED.

CONCERNING YOUR CLAIM DATED NOVEMBER 29, 1957, FOR $1,000 TO COVER THE EXPENSES AND DISCOMFORT EXPERIENCED BY YOU AND YOUR FAMILY AS A RESULT OF THE DELAY IN THE PROMPT RECEIPT OF YOUR HOUSEHOLD EFFECTS, YOU ARE ADVISED THAT THERE IS NO LANGUAGE IN THE STATUTORY AUTHORITY COVERING SHIPMENT OF YOUR HOUSEHOLD EFFECTS OR THE REGULATIONS ISSUED PURSUANT THERETO PERMITTING REIMBURSEMENT FOR DELAYS, AND RESULTING ADDITIONAL EXPENSES OR DISCOMFORT. THEREFORE, NO LEGAL BASIS EXISTS UPON WHICH OUR OFFICE COULD ALLOW SUCH CLAIM.