B-138086, FEB 6, 1959

B-138086: Feb 6, 1959

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YOU CONTEND THE EXCESS COST ATTRIBUTABLE TO THE EXCESS WEIGHT IS NOT CHARGEABLE TO YOU BECAUSE THE PROVISIONS OF PARAGRAPH 38. WERE NOT COMPLIED WITH. IN THAT YOU WERE NOT NOTIFIED PRIOR TO SHIPMENT THAT AFTER THE PACKING AND CRATING OF YOUR HOUSEHOLD GOODS THE GROSS WEIGHT ALLOWANCE WAS EXCEEDED. PRIOR TO THE PACKING AND CRATING YOU WERE INFORMED THE GROSS WEIGHT ALLOWANCE WOULD NOT BE EXCEEDED. 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 ADMINISTRATIVE EXPENSES ACT OF 1946. THE INFORMATION FURNISHED BY YOU SHOWS THAT THE GOVERNMENT'S PAYMENT IN YOUR CASE FOR MOVEMENT OF YOUR HOUSEHOLD GOODS WAS ON THE BASIS OF THE ACTUAL WEIGHT OF 10.

B-138086, FEB 6, 1959

PRECIS-UNAVAILABLE

MR. GLENN TESELLE:

YOUR LETTER OF NOVEMBER 10, 1958, AND ENCLOSURES, REQUESTS RELIEF FROM PAYMENT OF THE SUM OF $145, REPRESENTING THE COST INCURRED FOR SHIPMENT OF EXCESS WEIGHT OF YOUR HOUSEHOLD GOODS OVERSEAS, AS AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY.

YOU CONTEND THE EXCESS COST ATTRIBUTABLE TO THE EXCESS WEIGHT IS NOT CHARGEABLE TO YOU BECAUSE THE PROVISIONS OF PARAGRAPH 38, AR 55-71, JULY 2, 1956, WERE NOT COMPLIED WITH, IN THAT YOU WERE NOT NOTIFIED PRIOR TO SHIPMENT THAT AFTER THE PACKING AND CRATING OF YOUR HOUSEHOLD GOODS THE GROSS WEIGHT ALLOWANCE WAS EXCEEDED, AND PRIOR TO THE PACKING AND CRATING YOU WERE INFORMED THE GROSS WEIGHT ALLOWANCE WOULD NOT BE EXCEEDED.

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 ADMINISTRATIVE EXPENSES ACT OF 1946, 60 STAT. 806, AND EXECUTIVE ORDER 9805, AS AMENDED. SECTION 1(A) OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, 60 STAT. 806, 5 U.S.C. 73B-1(A) AND SECTION 17 OF EXECUTIVE ORDER 9805, AS AMENDED - THE REGULATIONS ISSUED PURSUANT TO SECTION 1(A) OF THE ACT - LIMIT THE WEIGHT OF HOUSEHOLD GOODS THAT MAY BE TRANSPORTED BY CIVILIAN EMPLOYEES TO A MAXIMUM OF 8,750 POUNDS GROSS. THE PROVISIONS OF THE ADMINISTRATIVE EXPENSES ACT OF 1946 AND EXECUTIVE ORDER 9805, AS AMENDED, TAKE PRECEDENCE OVER DEPARTMENT OF THE ARMY POLICIES REGARDING EXCESS WEIGHT CONTAINED IN PARAGRAPH 38, AR55-71, JULY 2, 1956.

THE INFORMATION FURNISHED BY YOU SHOWS THAT THE GOVERNMENT'S PAYMENT IN YOUR CASE FOR MOVEMENT OF YOUR HOUSEHOLD GOODS WAS ON THE BASIS OF THE ACTUAL WEIGHT OF 10,750 POUNDS, WHICH IS 2,000 POUNDS IN EXCESS OF THE 8,750 POUND LIMITATION. THERE IS NO PROVISION IN THE STATUTE OR REGULATIONS WHEREBY AN EMPLOYEE CAN BE RELIEVED OF LIABILITY FOR COSTS ARISING FROM SHIPPING EXCESS WEIGHT, NOTWITHSTANDING FAILURE ON THE PART OF ADMINISTRATIVE OFFICERS TO COMPLY WITH THE REFERRED-TO ADMINISTRATIVE POLICY. IN ADDITION, REGARDING TRANSPORTATION OF PROFESSIONAL BOOKS AND PAPERS, THERE IS NO AUTHORITY TO ALLOW THE WEIGHT OF SUCH EFFECTS IN ADDITION TO THE WEIGHT ALLOWANCE PROSCRIBED IN SECTION 1(A) OF THE ADMINISTRATIVE EXPENSES ACT OF 1946 AND EXECUTIVE ORDER 9805, AS AMENDED.

IN VIEW OF THE SPECIFIC PROVISIONS OF THE LAW AND THE EXECUTIVE ORDER REFERRED TO ABOVE, YOUR INDEBTEDNESS FOR EXCESS COST INCURRED IN THE SHIPMENT OF YOUR HOUSEHOLD GOODS, IN THE AMOUNT OF $145, MAY NOT BE WAIVED.