B-141266, DEC. 14, 1959

B-141266: Dec 14, 1959

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YOU CONTEND THAT 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 CONSIDERABLY EXCEEDED. PRIOR TO THE PACKING AND CRATING YOU WERE INFORMED THE GROSS WEIGHT ALLOWANCE WOULD NOT BE EXCEEDED. IS CONTAINED IN THE ADMINISTRATIVE EXPENSES ACT OF 1946. THE RECORD SHOWS THAT THE GOVERNMENT'S PAYMENT IN YOUR CASE TO THE TRANSPORTATION OF YOUR HOUSEHOLD GOODS WAS UPON THE BASIS OF THE ACTUAL GROSS WEIGHT OF 12. 722 POUNDS EVEN THOUGH THE NET WEIGHT THEREOF WAS 6. YOU SAY YOU REQUESTED THE USE OF THE "GERMAN" METHOD OF SHIPMENT AND WERE ORALLY ADVISED THAT METHOD WOULD BE USED.

B-141266, DEC. 14, 1959

TO MR. JAMES C. DODDS:

YOUR LETTER OF NOVEMBER 10, 1959, ASKS THAT WE REVIEW THE FILE FORWARDED THEREWITH CONCERNING THE EXCESS CHARGES ASSESSED AGAINST YOU FOR THE TRANSPORTATION OF YOUR HOUSEHOLD GOODS UPON PERMANENT CHANGE OF STATION. YOU REQUEST THAT WE ADVISE YOU AS TO THE PROPRIETY AND LEGALITY OF THE REPORTED EXCESS CHARGES AND WHAT FURTHER ACTION CAN BE TAKEN TO RECOUP THE PERSONAL FINANCIAL LOSS ENCOUNTERED.

YOU CONTEND THAT THE EXCESS COST ATTRIBUTABLE TO THE EXCESS WEIGHT IS NOT CHARGEABLE TO YOU BECAUSE THE PROVISIONS OF PARAGRAPH 38, AE 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 CONSIDERABLY 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, 5 U.S.C. 73B-1 (A), AND EXECUTIVE ORDER NO. 9805, AS AMENDED. SECTION 1 (A) THEREOF AND SECTION 17 OF THE EXECUTIVE ORDER--- REGULATIONS ISSUED PURSUANT TO SECTION 1 (A/- -- 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 FOREGOING ACT AND EXECUTIVE ORDER, TAKE PRECEDENCE OVER DEPARTMENT OF THE ARMY POLICIES REGARDING EXCESS WEIGHT CONTAINED IN PARAGRAPH 30, AE 56-71, JULY 2, 1956.

THE RECORD SHOWS THAT THE GOVERNMENT'S PAYMENT IN YOUR CASE TO THE TRANSPORTATION OF YOUR HOUSEHOLD GOODS WAS UPON THE BASIS OF THE ACTUAL GROSS WEIGHT OF 12,722 POUNDS EVEN THOUGH THE NET WEIGHT THEREOF WAS 6,700 POUNDS. YOU SAY YOU REQUESTED THE USE OF THE "GERMAN" METHOD OF SHIPMENT AND WERE ORALLY ADVISED THAT METHOD WOULD BE USED. THE ADMINISTRATIVE OFFICER DENIES HOWEVER, THE RECEIPT OF SUCH A REQUEST. INSTEAD, THE RECORD SHOWS, IT WAS ADMINISTRATIVELY FOUND THAT TO PACK AND CRATE SUCH GOODS RESULTED IN A SAVINGS TO THE UNITED STATES, HENCE THAT METHOD WAS USED AND AS A CONSEQUENCE THE 8,750 POUND LIMITATION WAS EXCEEDED. WHILE WE UNDERSTAND YOUR CONCERN IN THE MATTER AND APPRECIATE YOUR POSITION 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 POLICIES. THEREFORE, YOUR INDEBTEDNESS FOR EXCESS COST INCURRED IN THE SHIPMENT OF YOUR HOUSEHOLD GOODS MAY NOT BE WAIVED.

WHILE FINAL ACTION OF OUR OFFICE IS CONCLUSIVE ON THE EXECUTIVE BRANCH OF THE GOVERNMENT UPON PAYMENT OF THE INDEBTEDNESS YOU ARE FREE TO PURSUE THE MATTER IN THE COURT OF CLAIMS. 28 U.S.C. 1491.