B-134141, DEC. 2, 1957

B-134141: Dec 2, 1957

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WERE SHIPPED FROM CHARLOTTE. THE AUTHORITY FOR THE TRANSPORTATION AT GOVERNMENT EXPENSE OF HOUSEHOLD GOODS AND PERSONAL EFFECTS OF A CIVILIAN OFFICER AND EMPLOYEE OF THE UNITED STATES TO OR FROM POINTS OUTSIDE THE CONTINENTAL UNITED STATES IS CONTAINED IN SECTION 1 OF PUBLIC LAW 600. THE MAXIMUM WEIGHT ALLOWANCE IS 7. AS THE MAXIMUM WEIGHT ALLOWANCE PRESCRIBED IS 8. YOU WERE REQUIRED TO AND DID REIMBURSE THE UNITED STATES GOVERNMENT FOR THE COST OF TRANSPORTING THE WEIGHT OF THE HOUSEHOLD EFFECTS IN EXCESS OF THE MAXIMUM WEIGHT ALLOWANCE FROM FORT BRAGG TO NEW ORLEANS ($241.54). UPON A RECOMPUTATION OF THE EXCESS COST OF TRANSPORTING YOUR HOUSEHOLD EFFECTS IN JAPAN YOU WERE AUTHORIZED A REFUND OF $6.31.

B-134141, DEC. 2, 1957

TO MR. KENNETH P. TAYLOR:

WE REFER TO YOUR LETTER OF OCTOBER 9, 1957, REGARDING YOUR CLAIM FOR REIMBURSEMENT OF $301.70, REPRESENTING EXCESS CHARGES IN THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS FROM FORT BRAGG, NORTH CAROLINA, TO NEW ORLEANS, LOUISIANA, AND NAGOYA, JAPAN. YOU ALSO REFER TO SEVERAL OTHER CLAIMS THAT THE DEPARTMENT OF THE AIR FORCE HAS PENDING AGAINST YOU REPRESENTING EXCESS COST OF PACKING AND CRATING OF YOUR HOUSEHOLD EFFECTS AND FOR THE WATER TRANSPORTATION COSTS ON THE SHIPMENT OF THE EXCESS HOUSEHOLD EFFECTS FROM NEW ORLEANS TO JAPAN, AND BETWEEN POINTS WITHIN JAPAN.

THE RECORD SHOWS YOUR HOUSEHOLD EFFECTS, WEIGHING 8,240 POUNDS NET AND 17,380 POUNDS CRATED, WERE SHIPPED FROM CHARLOTTE, NORTH CAROLINA, TO NAGOYA, JAPAN, INCIDENT TO YOUR PERMANENT CHANGE OF STATION.

THE AUTHORITY FOR THE TRANSPORTATION AT GOVERNMENT EXPENSE OF HOUSEHOLD GOODS AND PERSONAL EFFECTS OF A CIVILIAN OFFICER AND EMPLOYEE OF THE UNITED STATES TO OR FROM POINTS OUTSIDE THE CONTINENTAL UNITED STATES IS CONTAINED IN SECTION 1 OF PUBLIC LAW 600, 60 STAT. 806, AND REGULATIONS ISSUED PURSUANT THERETO. THE MAXIMUM WEIGHT ALLOWANCE IS 7,000 POUNDS UNCRATED OR 8,750 POUNDS CRATED. AS THE MAXIMUM WEIGHT ALLOWANCE PRESCRIBED IS 8,750 POUNDS CRATED, YOU WERE REQUIRED TO AND DID REIMBURSE THE UNITED STATES GOVERNMENT FOR THE COST OF TRANSPORTING THE WEIGHT OF THE HOUSEHOLD EFFECTS IN EXCESS OF THE MAXIMUM WEIGHT ALLOWANCE FROM FORT BRAGG TO NEW ORLEANS ($241.54), AND FROM YOKOHAMA TO NAGOYA, JAPAN ($60.16). YOU THEN SUBMITTED A CLAIM FOR THE $301.70 REFUNDED BY YOU. OUR OFFICE SETTLEMENT OF OCTOBER 10, 1957, UPON A RECOMPUTATION OF THE EXCESS COST OF TRANSPORTING YOUR HOUSEHOLD EFFECTS IN JAPAN YOU WERE AUTHORIZED A REFUND OF $6.31. YOU WERE NOT ALLOWED ANY PORTION OF THE $241.54 REFUNDED BY YOU SINCE THAT SUM IS YOUR PRO RATA SHARE OF THE COSTS INCURRED BY THE GOVERNMENT FOR SHIPMENT OF YOUR HOUSEHOLD EFFECTS, INCLUDING THE EXCESS WEIGHT, FROM FORT BRAGG TO NEW ORLEANS.

IT APPEARS TO BE YOUR CONTENTION THAT THE EXCESS WEIGHT INVOLVED PRIMARILY WAS DUE TO IMPROPER PACKING AND CRATING, AND THE EXCESS COSTS ATTRIBUTABLE TO THE EXCESS WEIGHT SHOULD NOT BE BORNE BY YOU. THE RECORD SHOWS THAT PACKING AND CRATING WERE PERFORMED IN STRICT COMPLIANCE WITH THE APPLICABLE REGULATIONS OF THE DEPARTMENT OF THE ARMY. THE TAREWEIGHT INCLUDED 13 OVERSEAS SHIPPING CONTAINERS WEIGHING APPROXIMATELY 550 POUNDS EACH AND 2,150 POUNDS OF PACKING MATERIALS.

CONCERNING THE EXCESS COST OF TRANSPORTING YOUR HOUSEHOLD EFFECTS DURING MAY 1957, RELATIVE TO THE TRANSFER OF YOUR HEADQUARTERS WITHIN JAPAN, WHICH AMOUNT YOU HAVE REFUNDED THE GOVERNMENT, THE RECORD SHOWS THE FOLLOWING SHIPMENT WAS MADE:

* * * * * * * * * * * * * * (TABLE OMITTED) * * * * * * * * * * * * * *

SINCE YOUR PRO RATA SHARE OF THE COSTS INCURRED BY THE GOVERNMENT FOR SHIPMENT OF YOUR HOUSEHOLD EFFECTS WAS $63.55, YOU WERE REQUIRED TO AND DID REIMBURSE THE GOVERNMENT IN THAT AMOUNT.

IN VIEW OF THE FOREGOING COMMENTS, ESPECIALLY THE MAXIMUM WEIGHT LIMITATION CONTAINED IN SECTION 1 OF PUBLIC LAW 600, WE CONCLUDE THAT APPROPRIATED FUNDS OF THE DEPARTMENT OF THE AIR FORCE ARE NOT AVAILABLE FOR PAYMENT OF THE EXCESS COSTS INVOLVED.

REGARDING THE AMOUNTS OF $225.60 MENTIONED IN YOUR LETTER OF OCTOBER 9, 1957, REPRESENTING EXCESS COST OF PACKING AND CRATING PURSUANT TO YOUR TRANSFER OF HEADQUARTERS WITHIN JAPAN, AND $527.85 REPRESENTING EXCESS COST OF WATER TRANSPORTATION FROM NEW ORLEANS TO JAPAN THIS INDEBTEDNESS HAS NOT BEEN SUBMITTED TO OUR OFFICE FOR COLLECTION BY THE DEPARTMENT OF THE AIR FORCE. WE SUGGEST, THEREFORE, THAT ANY QUESTION YOU MAY HAVE RELATIVE THERETO WHICH IS NOT ANSWERED BY THE ABOVE BE ADDRESSED TO THAT OFFICE.