B-134126, APR. 21, 1958

B-134126: Apr 21, 1958

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ARE GOVERNED BY THE ACT OF AUGUST 2. WERE ALLOWABLE AT GOVERNMENT EXPENSE. OUR FILE SHOWS THAT YOUR HOUSEHOLD GOODS WERE PACKED AND CRATED BY A CONCERN REGULARLY ENGAGED IN PACKING AND CRATING OF HOUSEHOLD GOODS FOR OVERSEA SHIPMENT. IT APPEARS THAT YOUR HOUSEHOLD GOODS AND PERSONAL EFFECTS WERE TO BE PREPARED AND BOXED BY THE CARRIER FOR OVERSEA SHIPMENT. THAT MANUAL WAS ISSUED FOR THE INFORMATION AND GUIDANCE OF POST ENGINEERS IN PACKING AND CRATING FUNCTIONS. IT IS STATED. OLDERSHAW WAS PACKED IN ACCORDANCE WITH THE METHODS CONTAINED IN TM 5-614 AND CHANGE NUMBER 1 THERETO. NEW AND USABLE OLD BOXES WERE USED FOR THE SHIPMENT. "2. A CLOSE INSPECTION WAS MADE ON THE CONTRACTOR'S MATERIALS.

B-134126, APR. 21, 1958

TO MR. ARTHUR S. OLDERSHAW, DAFC:

YOUR LETTER OF FEBRUARY 25, 1958, FORWARDED HERE BY SENATOR OLIN D. JOHNSTON, REQUESTS RECONSIDERATION OF OUR LETTER OF JANUARY 30, 1958, CONCERNING YOUR LIABILITY FOR PAYMENT OF $108.15 REPRESENTING THE PACKING AND CRATING COSTS ATTRIBUTABLE TO THE EXCESS GROSS WEIGHT OF YOUR HOUSEHOLD GOODS AND PERSONAL EFFECTS PACKED, CRATED AND SHIPPED FOR YOU INCIDENT TO THE TRANSFER OF YOUR STATION AS A CIVILIAN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE, FROM WARNER ROBINS AIR FORCE BASE TO THE 3960TH AIR BASE GROUP (SAC), GUAM.

THE PACKING, CRATING, AND TRANSPORTATION OF CIVILIAN EMPLOYEE'S PERSONAL EFFECTS AND HOUSEHOLD GOODS INCIDENT TO CHANGES OF DUTY STATION, WITHIN OR OUTSIDE THE UNITED STATES, ARE GOVERNED BY THE ACT OF AUGUST 2, 1946, 60 STAT. 806, AND EXECUTIVE ORDER 9805, AS AMENDED. SECTION 17 OF EXECUTIVE ORDER 9805 PROVIDES THAT EMPLOYEES HAVING FAMILIES SHALL BE ENTITLED TO A WEIGHT ALLOWANCE OF 8,750 POUNDS (GROSS) OF PERSONAL EFFECTS AND HOUSEHOLD GOODS, IF CRATED, FOR SHIPMENT TO OR FROM POINTS OUTSIDE THE UNITED STATES, AND THAT SUCH GROSS WEIGHT SHALL INCLUDE THE NET WEIGHT OF THE PACKING, CRATES, BOXES OR LIFT VANS CONTAINING THE PROPERTY. UNDER SECTION 18 THE ACTUAL COSTS INCURRED FOR THE PACKING AND CRATING OF YOUR GOODS, NOT TO EXCEED THE AUTHORIZED GROSS WEIGHT, WERE ALLOWABLE AT GOVERNMENT EXPENSE.

OUR FILE SHOWS THAT YOUR HOUSEHOLD GOODS WERE PACKED AND CRATED BY A CONCERN REGULARLY ENGAGED IN PACKING AND CRATING OF HOUSEHOLD GOODS FOR OVERSEA SHIPMENT. IT APPEARS THAT YOUR HOUSEHOLD GOODS AND PERSONAL EFFECTS WERE TO BE PREPARED AND BOXED BY THE CARRIER FOR OVERSEA SHIPMENT, AS REQUIRED UNDER ITS CONTRACT WITH THE DEPARTMENT OF THE ARMY, POST ENGINEER, FORT MCPHERSON, AND IN STRICT ACCORDANCE WITH THE SPECIFICATIONS CONTAINED IN DEPARTMENT OF THE ARMY TECHNICAL MANUAL TM 5-614. THAT MANUAL WAS ISSUED FOR THE INFORMATION AND GUIDANCE OF POST ENGINEERS IN PACKING AND CRATING FUNCTIONS, AND INCLUDES DETAILED DESCRIPTIONS OF ACCEPTABLE PRACTICES AND SPECIFICATIONS FOR PACKING AND CRATING HOUSEHOLD GOODS AND PERSONAL EFFECTS. IN THIRD INDORSEMENT DATED JULY 15, 1957, FROM HEADQUARTERS, FORT MCPHERSON, IT IS STATED, IN PERTINENT PARTS, AS FOLLOWS:

"1. THE SHIPMENT OF ARTHUR S. OLDERSHAW WAS PACKED IN ACCORDANCE WITH THE METHODS CONTAINED IN TM 5-614 AND CHANGE NUMBER 1 THERETO. NEW AND USABLE OLD BOXES WERE USED FOR THE SHIPMENT.

"2. A CLOSE INSPECTION WAS MADE ON THE CONTRACTOR'S MATERIALS, AND THERE WAS NO LUMBER USED WITH A MOISTURE CONTENT OF OVER 18 PERCENT. THERE WAS NO LUMBER IN THE SHIPMENT THAT WEIGHED MORE THAN 2.3 POUNDS PER BOARD FOOT.'

FURTHER, THE RECORD SHOWS THE CRATING OF THE HOUSEHOLD GOODS (8 BOXES OR LIFT VANS, TOTALING 10,677 POUNDS) WAS INSPECTED BY THE OFFICE OF THE POST ENGINEER AT FORT MCPHERSON ON FEBRUARY 24, 1956, AS COMPLETED IN ACCORDANCE WITH THE CARRIER'S CONTRACT. CONCERNING YOUR HOLD BAGGAGE, THE RECORDS INDICATE THAT THE PROPERTY WAS PACKED AND HAD A GROSS WEIGHT OF 236 POUNDS.

THEREFORE, AS THE PRESENT LAW AND REGULATIONS LIMIT THE GOVERNMENT'S OBLIGATION TO 8,750 POUNDS GROSS, AND THE RECORD SHOWS YOUR PACKED AND CRATED PERSONAL EFFECTS AND HOUSEHOLD GOODS WEIGHTED 10,913 POUNDS, WE HAVE NO ALTERNATIVE BUT TO REQUIRE REIMBURSEMENT FROM YOU FOR THE EXCESS COSTS AS COMPUTED IN THE ATLANTA ARMY FINANCE OFFICE'S BILLING OF MARCH 23, 1956, TO YOU.

THE SETTLEMENT OF JANUARY 30, 1958, ACCORDINGLY, IS SUSTAINED AND YOUR CHECK, DRAFT OR MONEY ORDER IN THE AMOUNT OF $108.15 SHOULD BE MADE PAYABLE TO THE "UNITED STATES GENERAL ACCOUNTING OFFICE" AND FORWARDED TO THE FOLLOWING ADDRESS:

UNITED STATES GENERAL ACCOUNTING OFFICE

(RE: CL. NO. Z 1-829-408)

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