B-139601, MAY 18, 1960

B-139601: May 18, 1960

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YOU WERE AUTHORIZED TO TRAVEL FROM WASHINGTON. IS AUTHORIZED AT GOVERNMENT EXPENSE.'. YOU WERE RELIEVED FROM ASSIGNMENT OVERSEAS AND AUTHORIZED TO TRAVEL TO WASHINGTON. PARAGRAPH 2 OF THE SPECIAL ORDERS PROVIDES IN PART AS FOLLOWS: "TRANSPORTATION: * * * SHIPMENT OF HOUSEHOLD GOODS AND PERSONAL EFFECTS NOT IN EXCESS OF 3125 LBS CRATED IS AUTHORIZED. * * *" IN YOUR LETTER OF MAY 7. YOU SAY THAT YOU WERE NOT CHARGED FOR ANY EXCESS COST IN SHIPPING YOUR EFFECTS TO ENGLAND. WE NOW HAVE ON FILE A LETTER FROM THE DEPARTMENT OF THE AIR FORCE SHOWING THAT YOUR INDEBTEDNESS WAS COMPUTED AS FOLLOWS: TABLE A. AT $2.96 CWT) $81.40 (PACKING WAS PERFORMED BY GOVERNMENT EMPLOYEES OF CAMERON STATION AND RATE DETERMINED BY COST ACCOUNTING METHODS.) 2) LINE HAUL SHIPMENT FROM CAMERON STATION.

B-139601, MAY 18, 1960

TO MISS ISABEL ROWE-CRAIG:

YOUR LETTERS OF MAY 7 AND JUNE 27, 1959, WITH ENCLOSURE, REFER TO THE EXCESS COST CHARGED YOU FOR THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS INCIDENT TO YOUR EMPLOYMENT WITH THE DEPARTMENT OF THE AIR FORCE.

THE RECORD SHOWS THAT BY TRAVEL ORDER DATED OCTOBER 31, 1956, YOU WERE AUTHORIZED TO TRAVEL FROM WASHINGTON, D.C., TO BURTONWOOD, ENGLAND, ON A PERMANENT CHANGE OF STATION. PARAGRAPH 9 OF THE TRAVEL ORDER PROVIDES AS FOLLOWS:

"9. TRANSPORTATION OF PERSONAL EFFECTS AND HOUSEHOLD GOODS, NOT IN EXCESS OF A WEIGHT ALLOWANCE OF 2500 POUNDS UNCRATED OR 3125 POUNDS CRATED FROM 2122 MASSACHUSETTS AVENUE, N.W., WASHINGTON 8, D.C., IS AUTHORIZED AT GOVERNMENT EXPENSE.'

BY SPECIAL ORDERS DATED MAY 6, 1958, YOU WERE RELIEVED FROM ASSIGNMENT OVERSEAS AND AUTHORIZED TO TRAVEL TO WASHINGTON, D.C., FOR SEPARATION. PARAGRAPH 2 OF THE SPECIAL ORDERS PROVIDES IN PART AS FOLLOWS:

"TRANSPORTATION: * * * SHIPMENT OF HOUSEHOLD GOODS AND PERSONAL EFFECTS NOT IN EXCESS OF 3125 LBS CRATED IS AUTHORIZED. * * *"

IN YOUR LETTER OF MAY 7, 1959, YOU SAY THAT YOU WERE NOT CHARGED FOR ANY EXCESS COST IN SHIPPING YOUR EFFECTS TO ENGLAND. WE NOW HAVE ON FILE A LETTER FROM THE DEPARTMENT OF THE AIR FORCE SHOWING THAT YOUR INDEBTEDNESS WAS COMPUTED AS FOLLOWS:

TABLE

A. OUTBOUND SHIPMENT - NOVEMBER 1956, WASHINGTON, D.C., TO BURTONWOOD, ENGLAND.

1) PICKUP AND PACKING AT POINT OR ORIGIN (CAMERON STATION, ALEXANDRIA, VIRGINIA)

GROSS WEIGHT OF PACKED AND CRATED

EFFECTS (5476 LBS. HH GOODS AND 399 LBS. BOOKS) 5875 LBS

LEGAL GROSS WEIGHT ALLOWANCE 3125 LBS

EXCESS WEIGHT 2750 LBS

EXCESS CHARGES (2750 LBS. AT $2.96 CWT) $81.40

(PACKING WAS PERFORMED BY GOVERNMENT

EMPLOYEES OF CAMERON STATION AND RATE

DETERMINED BY COST ACCOUNTING METHODS.)

2) LINE HAUL SHIPMENT FROM CAMERON STATION, VIRGINIA, TO NORFOLK, VIRGINIA, ON BILL OF LADING WY-7507799 (SEE ATTACHED COPY OF B/L)

GROSS WEIGHT 5875 LBS

LEGAL WEIGHT ALLOWANCE 3125 LBS

EXCESS WEIGHT 2750 LBS

COST TO GOVERNMENT 5875 LBS. AT ?68 CWT $39.95

ALLOWABLE WEIGHT 3125 LBS. AT ?68 CWT 21.25

EXCESS WEIGHT PROPORTION $18.70

3 PERCENT TRANSPORTATION TAX .56

EXCESS CHARGE 19.26

3) PORT HANDLING AND OCEAN TRANSPORTATION CHARGES

SHIPMENT MEASUREMENT 673 CUFT

LEGAL VOLUME ALLOWANCE 360 CUFT

EXCESS VOLUME 313 CUFT

(CHARGES BASED ON DA FORM 1663,

DOCK RECEIPT, PERTINENT TO THE

SS AMERICAN CHIEF, MA 3321.)

PORT HANDLING CHARGES (EXCESS)

313 CUFT AT ?181 PER CUFT 56.65

OCEAN TRANSPORTATION CHARGES (EXCESS)

313 CUFT AT ?3876 PER CUFT 121.29

4) DELIVERY, UNCRATING AND UNPACKING

AT DESTINATION (BURTONWOOD, ENGLAND)

UNDER PROVISIONS OF CONTRACT AF61/703/427,

EXCESS CHARGES:

313 CUFT AT ?21 PER CUFT 65.73

5) TOTAL EXCESS CHARGES ON OUTBOUND

SHIPMENT IN 1956 $344.33

B. INBOUND SHIPMENT - JUNE 1958, BURTONWOOD (RUISLIP), ENGLAND, TO WASHINGTON, D.C.

1) PICKUP, PACKING, CRATING, STORAGE AND

DELIVERY TO PORT OF LIVERPOOL, ENGLAND.

GROSS WEIGHT OF PACKED AND CRATED EFFECTS 7000 LBS

LEGAL GROSS WEIGHT ALLOWANCE 3125 LBS

EXCESS WEIGHT 3875 LBS

SHIPMENT VOLUME MEASUREMENT 714 CUFT

LEGAL VOLUME ALLOWANCE 360 CUFT

EXCESS VOLUME 354 CUFT

TOTAL COST $489.04

EXCESS VOLUME CHARGES (CONTRACT

AF61/703/634)

354/714 OF $489.04 $242.47

2) PORT HANDLING AND OCEAN TRANSPORTATION CHARGES

SHIPMENT CONSISTING OF 3HH BOXES AND 1 CONEX

CONTAINER (7000 LBS - 714 CUFT) AND 3 PIECES CONTAINER (7000 LBS - 714 CUFT) AND 3 PIECES

OF BAGGAGE (334 LBS - 18 CUFT)

TOTAL SHIPMENT VOLUME MEASUREMENT 732 CUFT-18.3 MT

LEGAL VOLUME ALLOWANCE 360 CUFT- 9 MT

EXCESS VOLUME 372 CUFT- 9.3 MT.

PORT HANDLING CHARGES (EXCESS) 55.30

(RATE AS SHOWN IN BROOKLYN ARMY TERMINAL RATE SCHEDULE)

OCEAN TRANSPORTATION CHARGES (EXCESS) 107.92

(RATE AS SHOWN IN MSTS TARIFF SCHEDULE BETWEEN

ATLANTIC COAST AND BRITISH ISLES EFFECTIVE 1 OCTOBER 1957)

3) OVERLAND TRANSPORTATION: BROOKLYN

ARMY TERMINAL TO WASHINGTON, D.C.

(GOODS UNCRATED AT PORT AND SHIPPED

BY VAN AS LOOSE GOODS).

NET WEIGHT OF GOODS IN VAN SHIPMENT 3640 LBS.

LEGAL ALLOWABLE NET WEIGHT 2500 LBS.

EXCESS WEIGHT 1140 LBS.

GEL WI8814983 - ACTIVE VAN LINES - OVERLAND

TRANSPORTATION COST:

3640 LBS. SHIPPED AS 4000 LBS. AT $4.12 CWT (INCLUDES

SURCHARGE) 164.80

(RATE SHOWN IN MILITARY TARIFF NO. 1.)

ALLOWABLE EXPENSE:

EXCESS WEIGHT CHARGE 51.61

1140/3640 OF $164.80

4) TOTAL EXCESS CHARGES ON INBOUND SHIPMENT

IN 1958 457.30

C. TOTAL OUTBOUND AND INBOUND EXCESS CHARGES $801.63

D. CREDIT DO VOUCHER NO. 3164 (W. J. HENDRICKS, 1 DEC 58) COLLECTION VOUCHER NO. 1369 - AMOUNT OF PER DIEM AND OTHER TRAVEL EXPENSES PROPERLY ALLOWABLE FOR RETURN TRAVEL $ 20.15

E. TOTAL INDEBTEDNESS $781.48

F. INDEBTEDNESS AMOUNT COLLECTED BY HEADQUARTERS AMC, WRIGHT PATTERSON AFB, OHIO, FROM RETROACTIVE SALARY PAYMENT AMOUNT DUE. $874.68

FROM THE DEPARTMENT'S LETTER ABOVE, YOU WILL SEE THAT THERE WERE EXCESS CHARGES FOR THE OUTBOUND AS WELL AS FOR THE INBOUND SHIPMENT OF YOUR HOUSEHOLD GOODS.

SECTION 1, PUBLIC LAW 600, 60 STAT. 806, AND EXECUTIVE ORDER NO. 9805, AS AMENDED, PROMULGATED THEREUNDER, GOVERN THE ALLOWANCE AND PAYMENT FROM GOVERNMENT FUNDS FOR EXPENSES OF TRANSPORTATION OF HOUSEHOLD GOODS AND PERSONAL EFFECTS OF CIVILIAN OFFICERS AND EMPLOYEES OF THE GOVERNMENT TO OR FROM POINTS OUTSIDE THE CONTINENTAL UNITED STATES. BOTH THE STATUTE AND THE EXECUTIVE ORDER LIMIT THE WEIGHT OF THE GOODS AND EFFECTS WHICH MAY BE TRANSPORTED AT GOVERNMENT EXPENSE TO 2,500 POUNDS NET OR 3,125 POUNDS GROSS OF EMPLOYEE WITHOUT FAMILIES. THE EQUIVALENT THEREOF IS ALLOWED WHEN THE TRANSPORTATION CHARGES ARE BASED ON CUBIC MEASUREMENT. THE PERTINENT PORTIONS OF TITLE III OF THE EXECUTIVE ORDER, AS AMENDED BY EXECUTIVE ORDER NO. 10196, GOVERNING THE TRANSPORTATION OF GOODS AND EFFECTS TO OR FROM POINTS OUTSIDE THE CONTINENTAL UNITED STATES, ARE AS FOLLOWS:

"SEC. 17. MAXIMUM ALLOWANCE FOR TRANSPORTATION. (A) WEIGHT. THE ACTUAL COSTS OF TRANSPORTATION OF THE HOUSEHOLD GOODS AND PERSONAL EFFECTS OF THE EMPLOYEE, NOT IN EXCESS OF 7,000 POUNDS NET, AND OF THE PACKING CRATES, BOXES, LIFT VANS, OR OTHER TEMPORARY CONTAINERS REQUIRED FOR THE SHIPMENT, SHALL BE ALLOWED IN THE CASE OF TRANSFERS TO OR FROM POINTS OUTSIDE THE CONTINENTAL UNITED STATES: PROVIDED, THAT EMPLOYEES WHO HAVE NO IMMEDIATE FAMILY SHALL BE ENTITLED TO THE TRANSPORTATION OF HOUSEHOLD EFFECTS AND OTHER PERSONAL PROPERTY NOT IN EXCESS OF 2,500 POUNDS NET. * * * THUS, TRANSPORTATION SHALL BE ALLOWED AT GOVERNMENT EXPENSE FOR PROPERTY WHEN PACKED, CRATED, BOXED, OR PLACED IN LIFT VANS FOR SHIPMENT, WITHIN THE FOLLOWING MAXIMUM WEIGHTS:

POUNDS

"EMPLOYEE HAVING NO IMMEDIATE FAMILY: SHIPMENT INVOLVING TRANSPORTATION BY VESSEL OVER ALL OR PART OF ROUTE OR BY RAIL OR MOTOR CARRIERS REQUIRING PACKING OR CRATING 3,125 SHIPMENT BY MOTOR CARRIERS OF HOUSEHOLD GOODS UNCRATED

2,500

"/B) VOLUME. WHERE CHARGES FOR TRANSPORTATION ARE COMPUTED ON A BASIS OF MEASUREMENT RATHER THAN WEIGHT CHARGES WILL BE ALLOWED REGARDLESS OF WEIGHT FOR NOT TO EXCEED 25 MEASUREMENT TONS OF FORTY CUBIC FEET EACH INCLUSIVE OF PACKING, CRATING, AND LIFT VANS: PROVIDED, THAT EMPLOYEES WHO HAVE NO IMMEDIATE FAMILY SHALL BE ALLOWED CHARGES FOR NOT TO EXCEED 9 MEASUREMENT TONS.

"/C) WEIGHT AND VOLUME ON SAME SHIPMENT. WHEN SHIPMENT MUST BE MADE OVER SUCH A ROUTE THAT THE TRANSPORTATION NECESSARILY INVOLVES CHARGES BASED UPON WEIGHT OVER PART OF THE DISTANCE AND UPON MEASUREMENT OVER ANOTHER PART OF THE DISTANCE, THE FOLLOWING CONDITIONS SHALL APPLY: (1) IF THE WEIGHT DOES NOT EXCEED THE LIMITATIONS PRESCRIBED IN SUBSECTION (A) PAYMENT SHALL BE ALLOWED FOR ACTUAL CHARGES OVER THE ENTIRE DISTANCE REGARDLESS OF WHETHER THE MEASUREMENT IS IN EXCESS OF THE LIMITATIONS IMPOSED BY SUBSECTION (B); (2) IF BOTH WEIGHT AND MEASUREMENT ARE IN EXCESS OF THE PRESCRIBED LIMITATIONS PAYMENT SHALL NOT BE ALLOWED FOR THE EXCESS BY WEIGHT OVER THAT PART OF THE DISTANCE WHERE CHARGES ARE BASED ON WEIGHT, OR FOR THE EXCESS BY MEASUREMENT OVER THAT PART OF THE DISTANCE WHERE CHARGES ARE BASED ON MEASUREMENT.'

IN THE SHIPMENT OF YOUR GOODS AND EFFECTS FROM THE UNITED STATES TO ENGLAND AND RETURN THE WEIGHT AND CUBIC MEASUREMENT WERE IN EXCESS OF THAT AUTHORIZED BY STATUTE AND EXECUTIVE ORDER. IT IS APPARENT, THEREFORE, THAT YOUR EXCESS COSTS ARE TO BE COMPUTED UNDER SECTION 17 (E) (2) OF THE EXECUTIVE ORDER, QUOTED ABOVE.

WE UNDERSTAND FROM YOUR LETTER OF MAY 7, 1959, THAT YOU BELIEVE THE GOVERNMENT SHOULD SEND SOME RELIABLE PERSON TO CHECK THE HOUSEHOLD EFFECTS OF ITS EMPLOYEES BEFORE THEY ARE SENT IN ORDER TO PREVENT OVERCHARGES. A MATTER OF LAW THE MOVEMENT OF AN EMPLOYEES HOUSEHOLD GOODS AND EFFECTS IS NOT A GOVERNMENTAL FUNCTION AND WHEN THE GOVERNMENT THROUGH ITS REPRESENTATIVES ENTERS INTO SUCH TRANSACTIONS ON BEHALF OF AN EMPLOYEE IT DOES SO ONLY AS AN AGENT OF THE EMPLOYEE. WE BELIEVE YOU WILL AGREE THAT ONLY THE EMPLOYEE CAN DETERMINE WHAT ARTICLES OF HOUSEHOLD GOODS AND EFFECTS SHE DESIRES TO BE TRANSPORTED. THAT RESPONSIBILITY CANNOT BE TRANSFERRED TO THE CARRIER OR TO THE GOVERNMENT. GENERALLY, UNDER COMMON LAW, CARRIERS MUST ACCEPT AND DELIVER THE HOUSEHOLD GOODS AND EFFECTS DESIGNATED BY THE EMPLOYEE WITHOUT REGARD TO THEIR WEIGHT OR VOLUME. WHEN SUCH GOODS ARE SHIPPED ON A GOVERNMENT BILL OF LADING, THE CONTRACT, GENERALLY, REQUIRES THE GOVERNMENT TO PAY THE FULL AMOUNT OF THE LEGAL CHARGES INCLUDING THE COSTS FOR EXCESS WEIGHT OR CUBIC MEASUREMENT IF THERE BE ANY.

THE LIABILITY OF AN EMPLOYEE TO THE GOVERNMENT FOR EXCESS COSTS OF TRANSPORTATION RESTS UPON PUBLIC LAW 600 AND SECTION 22 OF EXECUTIVE ORDER NO. 9805 PROMULGATED PURSUANT THERETO, WHICH PROVIDES, IN PART, AS FOLLOWS:

"* * * IF PROPERTY IN EXCESS OF THE AMOUNT ALLOWABLE UNDER THESE REGULATIONS IS SHIPPED ON A GOVERNMENT BILL OF LADING OR PURCHASE ORDER, 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.'

IN COMPUTING THE EXCESS COST OF THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS IN NOVEMBER 1956 AND JUNE 1958 THE RECORD SHOWS THAT THE AMOUNT OF THE INDEBTEDNESS COLLECTED FROM YOU WAS $874.68 OR $93.20 IN EXCESS OF THE FIGURES SHOWN ABOVE AS THE TOTAL EXCESS COST OF THE SHIPMENT OF YOUR HOUSEHOLD GOODS. IT FURTHER APPEARS THAT THERE WAS A DUPLICATE COLLECTION OF $175.87 MADE FOR THE EXCESS CHARGE UNDER CONTRACT AF61/703/634 FOR THE PICKUP, CRATING, STORAGE AND DELIVERY TO THE PORT OF LIVERPOOL, ENGLAND, OF YOUR HOUSEHOLD EFFECTS IN MAY 1958.

THEREFORE, IN DUE COURSE, A SETTLEMENT WILL BE ISSUED IN YOUR FAVOR FOR THE SUM OF $93.20, PLUS $175.87, WHICH WAS A DUPLICATE COLLECTION, OR A TOTAL OF $269.07. WHILE WE REGRET THE APPARENTLY UNANTICIPATED BURDEN PLACED UPON YOU, WE BELIEVE, IN VIEW OF THE FOREGOING EXPLANATION, THAT YOU WILL UNDERSTAND WHY WE ARE WITHOUT AUTHORITY TO RELIEVE YOU OF ALL CHARGES FOR EXCESS COSTS.

ANY CLAIM YOU MAY HAVE FOR DAMAGE TO, OR LOSS OF HOUSEHOLD EFFECTS SHOULD BE DIRECTED TO THE DEPARTMENT OF THE AIR FORCE, AS THE SECRETARY OF THE AIR FORCE OR HIS DESIGNEE IS VESTED WITH THE AUTHORITY TO ADJUDICATE CERTAIN CLAIMS OF CIVILIAN EMPLOYEES FOR LOSS OR DAMAGE TO PERSONAL PROPERTY.