B-140822, OCT. 13, 1959

B-140822: Oct 13, 1959

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

GRIFFIN: FURTHER REFERENCE IS MADE TO YOUR LETTER OF AUGUST 3. YOUR LETTER WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF THE SETTLEMENT. YOU WERE DIRECTED TO PROCEED FROM FORT RILEY. UPON COMPLETION OF WHICH YOU WERE TO RETURN TO YOUR PROPER STATION. IT WAS STATED THAT ALLOWING SEVEN POUNDS PER CUBIC FOOT. THE WEIGHT OF THE HOUSEHOLD EFFECTS SHIPPED WAS 2. THAT YOUR WEIGHT ALLOWANCE UPON TEMPORARY CHANGE OF STATION WAS 630 POUNDS (600 POUNDS PLUS 5 PERCENT FOR PACKING). THAT SINCE INSURANCE AND SALES TAX ARE NOT REIMBURSABLE ITEMS. YOU WERE ENTITLED TO REIMBURSEMENT IN THE AMOUNT OF $25.90 COMPUTED ON THE BASIS OF A PROPORTIONATE SHARE OF THE COST OF TRAILER RENTAL. IN YOUR REQUEST FOR REVIEW YOU CONTEND THAT YOU WERE REQUIRED TO PAY INSURANCE AND SALES TAX IN ORDER TO RENT THE TRAILERS AND.

B-140822, OCT. 13, 1959

TO FIRST LIEUTENANT RICHARD E. GRIFFIN:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF AUGUST 3, 1959, ADDRESSED TO ARMY FINANCE CENTER, RETURNING TREASURY CHECK IN THE AMOUNT OF $25.90, AND IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF JULY 2, 1959, WHICH ALLOWED THAT AMOUNT AND DISALLOWED THE BALANCE OF YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF MOVING YOUR HOUSEHOLD EFFECTS FROM FORT RILEY, KANSAS, TO SPARTA, WISCONSIN, AND RETURN. YOUR LETTER WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF THE SETTLEMENT.

BY LETTER ORDER NO. 3-259, DATED MARCH 24, 1959, YOU WERE DIRECTED TO PROCEED FROM FORT RILEY, KANSAS, TO CAMP MCCOY, WISCONSIN, FOR TEMPORARY DUTY OF APPROXIMATELY 120 DAYS' DURATION, UPON COMPLETION OF WHICH YOU WERE TO RETURN TO YOUR PROPER STATION. ON MARCH 27, 1959, YOU RENTED A TRAILER AT A COST OF $55 PLUS $1.65 SALES TAX (TOTAL $56.65), AND ON MARCH 28, 1959, YOU PROCEEDED WITH YOUR FAMILY AND 302 CUBIC FEET OF HOUSEHOLD EFFECTS TO THE TEMPORARY STATION. ON APRIL 9, 1959, HAVING BEEN AUTHORIZED TO RETURN TO FORT RILEY, YOU RENTED A TRAILER AT A COST OF $31.90 PLUS $6 INSURANCE, TOTAL $37.90. IN THE SETTLEMENT MENTIONED ABOVE, IT WAS STATED THAT ALLOWING SEVEN POUNDS PER CUBIC FOOT, THE WEIGHT OF THE HOUSEHOLD EFFECTS SHIPPED WAS 2,114 POUNDS; THAT YOUR WEIGHT ALLOWANCE UPON TEMPORARY CHANGE OF STATION WAS 630 POUNDS (600 POUNDS PLUS 5 PERCENT FOR PACKING), AND THAT SINCE INSURANCE AND SALES TAX ARE NOT REIMBURSABLE ITEMS, YOU WERE ENTITLED TO REIMBURSEMENT IN THE AMOUNT OF $25.90 COMPUTED ON THE BASIS OF A PROPORTIONATE SHARE OF THE COST OF TRAILER RENTAL, I.E., 630/2114 OF $86.90. IN YOUR REQUEST FOR REVIEW YOU CONTEND THAT YOU WERE REQUIRED TO PAY INSURANCE AND SALES TAX IN ORDER TO RENT THE TRAILERS AND, THEREFORE, SUCH ITEMS SHOULD BE CONSIDERED AS AN INTEGRAL PART OF THE COST INCURRED BY YOU FOR TRAILER RENTAL. YOU QUESTION THE METHOD USED IN COMPUTING THE AMOUNT FOR ALLOWANCE IN YOUR CASE STATING THAT THE COST PAID BY YOU WOULD HAVE BEEN THE SAME REGARDLESS OF THE WEIGHT SHIPPED, WHEREAS THE PROPORTIONATE COST TO BE ASSUMED BY THE GOVERNMENT WOULD BE DECREASED IF THE WEIGHT SHIPPED WERE INCREASED. ALSO, YOU APPARENTLY ARE UNDER THE IMPRESSION THAT IF THE COST TO THE GOVERNMENT OF SHIPPING 630 POUNDS OF HOUSEHOLD EFFECTS FROM FORT RILEY, KANSAS, TO SPARTA, WISCONSIN, AND RETURN WOULD BE GREATER THAN THE COST INCURRED BY YOU FOR TRAILER RENTAL YOUR CLAIM SHOULD BE PAID IN FULL, INCLUDING INSURANCE AND SALES TAX.

THE TRANSPORTATION OF HOUSEHOLD EFFECTS OF MEMBERS OF THE UNIFORMED SERVICES IS GOVERNED BY THE JOINT TRAVEL REGULATIONS PROMULGATED BY THE SECRETARIES PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253. UNDER THOSE REGULATIONS (PARAGRAPHS 8002 AND 8001-1) YOU WERE ENTITLED UPON TEMPORARY CHANGE OF STATION TO SHIP 600 POUNDS PLUS AN INCREASE OF 5 PERCENT TO ALLOW FOR PACKING AND CRATING FOR SHIPMENT BY MOTOR VAN. PARAGRAPH 8001-3 OF THE REGULATIONS PROVIDES THAT WHERE SHIPMENTS INVOLVE WEIGHTS IN EXCESS OF THE PRESCRIBED ALLOWANCE THE TRANSPORTATION CHARGES ON SUCH EXCESS WEIGHTS WILL BE BORNE BY THE OWNER. PARAGRAPH 8500 OF THE REGULATIONS PROVIDES THAT SHIPMENTS OF HOUSEHOLD GOODS ORDINARILY WILL BE MADE THROUGH A SHIPPING OR TRANSPORTATION OFFICER, AND THAT WHEN A MEMBER ARRANGES FOR SHIPMENT OF HIS HOUSEHOLD GOODS AT PERSONAL EXPENSE, REIMBURSEMENT MAY NOT EXCEED THE COST WHICH WOULD HAVE BEEN INCURRED BY THE GOVERNMENT HAD THE SHIPMENT BEEN MADE BY A SHIPPING OR TRANSPORTATION OFFICER.

WHERE HOUSEHOLD EFFECTS ARE MOVED AT A MEMBER'S OWN EXPENSE INCIDENT TO AN ORDERED CHANGE OF STATION, THERE IS NO AUTHORITY OF LAW FOR REIMBURSING SUCH MEMBER ON THE BASIS OF A COMMUTATION OF THE COST TO THE GOVERNMENT HAD IT SHIPPED EFFECTS WITHIN AUTHORIZED WEIGHT ALLOWANCES BETWEEN THE POINTS INVOLVED. THE ALLOWANCE IN SUCH CASE IRRESPECTIVE OF WHAT THE COST MIGHT HAVE BEEN HAD SHIPMENT BEEN OF A LESSER OR GREATER QUANTITY OR AT A DIFFERENT RATE, IS LIMITED BY LAW AND REGULATIONS TO REIMBURSEMENT OF THE COST ACTUALLY INCURRED IN SHIPPING NO MORE THAN THE AUTHORIZED WEIGHT ALLOWANCE, NOT TO EXCEED TO COST HAD SUCH WEIGHT BEEN SHIPPED BY THE GOVERNMENT. YOU MOVED 2,114 POUNDS OF HOUSEHOLD EFFECTS AT A COST TO YOU FOR TRAILER RENTAL, EXCLUSIVE OF INCIDENTAL EXPENSE FOR INSURANCE AND SALES TAX, OF $86.90. SINCE YOU ARE AUTHORIZED REIMBURSEMENT OF THE COST INCURRED BY YOU IN MOVING 630 POUNDS, AND SINCE SUCH COST DOES NOT EXCEED WHAT THE COST WOULD HAVE BEEN HAD SHIPMENT BEEN BY THE GOVERNMENT, YOU ARE ENTITLED TO 630/2114 OF $86.90, OR $25.90, WHICH AMOUNT HAS BEEN ALLOWED YOU. ACCORDINGLY, THE SETTLEMENT OF JULY 2, 1959, IS SUSTAINED.

SINCE IT APPEARS THAT THE CHECK IN YOUR FAVOR IN THE AMOUNT OF $25.90 IS BEING HELD AT THE FINANCE AND ACCOUNTING OFFICE, ARMY FINANCE CENTER, A COPY OF THIS DECISION IS BEING FORWARDED TO THAT OFFICE BY LETTER OF THIS DATE, COPY ENCLOSED.

Sep 27, 2016

Sep 22, 2016

Sep 21, 2016

Sep 20, 2016

Looking for more? Browse all our products here