B-123612, JUL. 29, 1955

B-123612, JUL. 29, 1955

TO DR. WILLIAM C. BOYD:

YOUR LETTER OF FEBRUARY 25, 1955, ACKNOWLEDGED APRIL 4, REQUESTS RECONSIDERATION OF GENERAL ACCOUNTING OFFICE SETTLEMENT DATED OCTOBER 2, 1951, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF $470.73 COLLECTED AS EXCESS COSTS INCURRED FOR TRANSPORTATION OF YOUR HOUSEHOLD EFFECTS FROM CAMBRIDGE, MASSACHUSETTS, TO NORFOLK, VIRGINIA, THENCE TO CAIRO, EGYPT, PURSUANT TO ORDERS DIRECTING YOU TO PROCEED TO CAIRO AS AN EMPLOYEE OF THE DEPARTMENT OF THE NAVY.

THE RECORD INDICATES THAT, DURING JULY 1949, YOU EXECUTED AN AGREEMENT WITH THE DEPARTMENT OF THE NAVY FOR A PERIOD OF DUTY OUTSIDE THE UNITED STATES. SHORTLY THEREAFTER YOU WERE APPOINTED TO THE POSITION OF BIOCHEMIST (GRADE GS-14) AND ASSIGNED TO DUTY WITH NAVAL MEDICAL RESEARCH UNIT NO. 3, CAIRO, EGYPT. ON OR ABOUT AUGUST 25, 1949, YOU MADE APPLICATION TO HAVE YOUR HOUSEHOLD GOODS AND PERSONAL EFFECTS TRANSPORTED FROM YOUR HOME AT CAMBRIDGE TO THE FOREIGN DUTY STATION AT GOVERNMENT EXPENSE. THE RECORD FURTHER SHOWS THAT YOUR EFFECTS, WEIGHING 15,968 POUNDS, WERE SHIPPED BY FREIGHT FROM BOSTON TO NORFOLK ON GOVERNMENT BILL OF LADING NO. N-12315850 FOR MOVEMENT OVERSEAS, AT A COST OF $1,041.35, INCLUDING HAULING, LOADING, PACKING AND CRATING. SINCE YOUR EFFECTS WEIGHED 7,218 POUNDS IN EXCESS OF THE AUTHORIZED WEIGHT ALLOWANCE, YOU WERE ASSESSED AND HAVE MADE PAYMENT OF THE SUM OF $470.73 AS YOUR PRO RATA SHARE COVERING THE EXCESS WEIGHT, OR 7,218 DIVIDED BY 15,968 OF $1,041.35.

IN YOUR LETTER REQUESTING REVIEW OF THE SETTLEMENT WHICH DISALLOWED REFUND OF SUCH CHARGES, YOU STATE THAT YOU HAVE CONSULTED WITH YOUR ATTORNEY, WHO IS OF THE OPINION THAT YOU SHOULD NOT HAVE PAID THE CHARGES COLLECTED SINCE YOU WERE NOT LEGALLY OBLIGATED TO DO SO FOR THE FOLLOWING REASONS:

1. BEFORE PERMISSION WAS GRANTED TO HAVE ALL OF YOUR EFFECTS PACKED AND PREPARED FOR MOVEMENT ABROAD, YOU WERE VERBALLY INFORMED BY RESPONSIBLE OFFICIALS AT THE BOSTON NAVY YARD THAT YOUR AUTHORIZED WEIGHT ALLOWANCE WAS 11,000 POUNDS, AND YOU WERE OFFICIALLY ASSURED THAT NO EXTRA CHARGES WOULD BE INVOLVED SINCE THE WEIGHT OF YOUR EFFECTS COULD NOT POSSIBLY EXCEED YOUR AUTHORIZED WEIGHT ALLOWANCE.

2. THAT YOUR APPLICATION FOR TRANSPORTATION (S AND A FORM 207) DATED AUGUST 25, 1949, DID NOT SHOW EITHER THE MAXIMUM ALLOWABLE WEIGHT OR THE ACTUAL GROSS WEIGHT OF YOUR EFFECTS AT THE TIME YOUR SIGNATURE WAS PLACED THEREON.

3. THAT YOUR REMOVAL FROM THE POSITION IN CAIRO WAS INVOLUNTARY (WITHOUT DELINQUENCY OR MISCONDUCT) BECAUSE OF A REDUCTION IN FORCE, AND HAVING FULFILLED THE TERMS OF YOUR AGREEMENT YOU WERE NOT OBLIGATED TO PAY THE SUM HERETOFORE COLLECTED.

AUTHORITY FOR THE TRANSPORTATION OF HOUSEHOLD GOODS AND PERSONAL EFFECTS OF CIVILIAN OFFICERS AND EMPLOYEES OF THE UNITED STATES TO AND FROM PERMANENT DUTY STATIONS ABROAD AT GOVERNMENT EXPENSE IS CONTAINED IN THE ACT OF AUGUST 2, 1946, 60 STAT. 806, AND EXECUTIVE ORDER NO. 9805, AS AMENDED. UNDER THE LAW AND APPLICABLE REGULATIONS AN EMPLOYEE WITH AN IMMEDIATE FAMILY, UPON BEING PERMANENTLY ASSIGNED OR TRANSFERRED TO A FOREIGN DUTY STATION, IS ELIGIBLE TO MOVE HIS HOUSEHOLD GOODS AND PERSONAL EFFECTS, NOT TO EXCEED AN OVER-ALL WEIGHT ALLOWANCE--- WHEN CRATED AND PREPARED FOR SHIPMENT BY OCEAN SURFACE VESSEL--- OF 8,750 POUNDS. SECTION 22 OF EXECUTIVE ORDER NO. 9805, SUPRA, SPECIFICALLY PROVIDES---

"* * * IF PROPERTY IN EXCESS OF THE AMOUNT ALLOWABLE UNDER THESE REGULATIONS 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 OR ESTABLISHMENT AN AMOUNT EQUAL TO THE CHARGE FOR THE TRANSPORTATION OF SUCH EXCESS COMPUTED FROM THE TOTAL CHARGES ACCORDING TO THE RATIO OF EXCESS WEIGHT TO THE TOTAL WEIGHT OF THE SHIPMENT.'

WHILE IT MAY HAVE BEEN STATED TO YOU BY CERTAIN OFFICERS OF THE BOSTON NAVY YEARD THAT YOU WERE ENTITLED TO A WEIGHT ALLOWANCE OF 11,000 POUNDS, YOU ARE ADVISED THAT SUCH A STATEMENT COULD NOT OBLIGATE THE UNITED STATES TO PAY FOR SHIPPING HOUSEHOLD EFFECTS IN EXCESS OF THE WEIGHT PERMITTED BY LAW, NAMELY, 8,750 POUNDS GROSS. MOREOVER, IN VIEW OF THE SPECIFIC REQUIREMENTS OF THE LAW AND REGULATIONS, THE OMISSION OF THE AUTHORIZED WEIGHT ALLOWANCE ON YOUR APPLICATION FOR TRANSPORTATION OF HOUSEHOLD EFFECTS IS IMMATERIAL. IT IS NOTED THAT PARAGRAPH 2 OF SUCH APPLICATION CONTAINED A PROVISION STATING THAT YOU WOULD MAKE PAYMENT ON DEMAND OF ANY EXCESS COSTS INCURRED FOR THE SHIPMENT OF EFFECTS WEIGHING IN EXCESS OF THE AUTHORIZED WEIGHT ALLOWANCE. BECAUSE OF THE FOREGOING, THERE IS NO AUTHORITY FOR REFUND OF ANY PART OF THE AMOUNT PREVIOUSLY COLLECTED FROM YOU AND THE SETTLEMENT OF OCTOBER 2, 1951, IS SUSTAINED.