B-141814, FEB. 5, 1960

B-141814: Feb 5, 1960

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YOU WERE AUTHORIZED TO TRAVEL FROM SEOUL. THE COST TO THE GOVERNMENT WAS NOT TO EXCEED THE COST OF TRANSPORTATION BY THE MOST ECONOMICAL AUTHORIZED MEANS AND ROUTE FROM YOUR OVERSEAS DUTY STATION TO THE NEW OFFICIAL DUTY STATION. IT APPEARS THAT YOUR DEPENDENTS AND HOUSEHOLD EFFECTS WERE LOCATED AT GLOUCESTER POINT AT THE TIME OF THE TRANSFER FROM OVERSEAS. THERE WAS SOME QUESTION WHETHER YOU WERE ENTITLED TO HAVE YOUR HOUSEHOLD GOODS SHIPPED AT GOVERNMENT EXPENSE. SINCE THERE WAS A QUESTION AS TO WHOSE RESPONSIBILITY IT WAS TO SHIP THE GOODS YOU DECIDED TO TRANSPORT THE GOODS THE MOST ECONOMICAL WAY. LOUIS A DETERMINATION WAS MADE BY THE DEPARTMENT OF THE ARMY THAT THE MOVEMENT OF HOUSEHOLD GOODS AND DEPENDENTS SHOULD HAVE BEEN AUTHORIZED IN THE ORIGINAL ORDERS EFFECTING THE TRANSFER FROM KOREA TO ST.

B-141814, FEB. 5, 1960

TO MR. CHESTER P. KAUFFMAN:

YOUR LETTER OF JANUARY 19, 1960, REQUESTS RECONSIDERATION OF OUR SETTLEMENT OF JANUARY 14, 1960, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR MOVING YOUR HOUSEHOLD GOODS FROM GLOUCESTER POINT, VIRGINIA, TO E. ST. LOUIS, ILLINOIS, AS AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY.

YOU WERE AUTHORIZED TO TRAVEL FROM SEOUL, KOREA, TO GLOUCESTER POINT, VIRGINIA, FOR ANNUAL LEAVE, AND THEN FURTHER MOVEMENT TO ST. LOUIS, MISSOURI, FOR DUTY ASSIGNMENT. THE COST TO THE GOVERNMENT WAS NOT TO EXCEED THE COST OF TRANSPORTATION BY THE MOST ECONOMICAL AUTHORIZED MEANS AND ROUTE FROM YOUR OVERSEAS DUTY STATION TO THE NEW OFFICIAL DUTY STATION. THIS TRAVEL ORDER DID NOT AUTHORIZE TRANSPORTATION OF HOUSEHOLD GOODS. IT APPEARS THAT YOUR DEPENDENTS AND HOUSEHOLD EFFECTS WERE LOCATED AT GLOUCESTER POINT AT THE TIME OF THE TRANSFER FROM OVERSEAS. PRIOR TO THE TIME YOU REPORTED FOR DUTY AT ST. LOUIS, THERE WAS SOME QUESTION WHETHER YOU WERE ENTITLED TO HAVE YOUR HOUSEHOLD GOODS SHIPPED AT GOVERNMENT EXPENSE. YOU RECEIVED AN ESTIMATE OF $529.25 FROM THE NORTH AMERICAN VAN LINES FOR SHIPPING AN ESTIMATED WEIGHT OF 5,500 POUNDS OF GOODS FROM GLOUCESTER POINT TO YOUR NEW DUTY STATION. SINCE THERE WAS A QUESTION AS TO WHOSE RESPONSIBILITY IT WAS TO SHIP THE GOODS YOU DECIDED TO TRANSPORT THE GOODS THE MOST ECONOMICAL WAY. YOU BORROWED A 5 FOOT BY 10 FOOT TRAILER AND MADE TWO TRIPS BETWEEN JUNE 26 AND JUNE 30, 1958, TOWING THE TRAILER BY YOUR PRIVATELY OWNED AUTOMOBILE. ON THE LAST TRIP YOU SAY THE TRANSMISSION IN YOUR AUTOMOBILE GAVE WAY AND HAD TO BE REPLACED AT A COST TO YOU OF $157. FOR THE TRIP YOU RECEIVED $92.10 REIMBURSEMENT FOR MILEAGE AND $48 FOR PER DIEM IN LIEU OF SUBSISTENCE.

SUBSEQUENT TO YOUR MOVE TO ST. LOUIS A DETERMINATION WAS MADE BY THE DEPARTMENT OF THE ARMY THAT THE MOVEMENT OF HOUSEHOLD GOODS AND DEPENDENTS SHOULD HAVE BEEN AUTHORIZED IN THE ORIGINAL ORDERS EFFECTING THE TRANSFER FROM KOREA TO ST. LOUIS. TRAVEL ORDERS DATED DECEMBER 19, 1958, WERE ISSUED, WHICH PURPORTEDLY AMENDED THE ORIGINAL TRAVEL ORDERS, AUTHORIZING TRANSPORTATION OF YOUR HOUSEHOLD GOODS AND DEPENDENTS FROM GLOUCESTER POINT TO ST. LOUIS. YOU THEN SUBMITTED A CLAIM TO THE CLAIMS DIVISION OF OUR OFFICE COVERING THE SHIPMENT OF YOUR HOUSEHOLD GOODS WHICH WAS DISALLOWED BY SETTLEMENT OF JANUARY 14, 1960. THE DISALLOWANCE WAS BASED ON EXECUTIVE ORDER NO. 9805, DATED NOVEMBER 25, 1946, AS AMENDED, WHICH PROVIDES FOR REIMBURSEMENT TO EMPLOYEES ON A COMMUTED BASIS FOR THE TRANSPORTATION OF HOUSEHOLD GOODS BETWEEN POINTS WITHIN THE CONTINENTAL UNITED STATES UPON THE ESTABLISHMENT OF THE ACTUAL WEIGHT OR CONSTRUCTIVE WEIGHT BASED ON SEVEN POUNDS PER CUBIC FOOT OF PROPERLY LOADED VAN SPACE. SINCE YOU HAD SAID THAT BECAUSE OF THE CIRCUMSTANCES OF THE MOVE NO WEIGHT OR CUBIC FOOT MEASUREMENT WAS AVAILABLE, THERE WAS NO BASIS UPON WHICH PAYMENT COULD BE MADE ON A COMMUTED BASIS.

IN YOUR LETTER YOU SAY THAT THE SIZE OF THE TRAILER USED WAS 5 FOOT BY 10 FOOT BY 5 FOOT OR A CUBIC MEASUREMENT OF 250 CUBIC FEET.

SECTION 14 OF EXECUTIVE ORDER NO. 9805, AS AMENDED, PROVIDES AS FOLLOWS:

"EVIDENCE OF SHIPMENT. EMPLOYEES SHALL BE REQUIRED TO SUBMIT THE ORIGINAL BILLS OF LADING, OR A CERTIFIED COPY THEREOF OR IF NO BILL OF LADING IS AVAILABLE, OTHER EVIDENCE SHOWING POINT OF ORIGIN, DESTINATION, AND WEIGHT. IN INSTANCES IN WHICH NO PROPER WEIGHING FACILITIES ARE READILY AVAILABLE, AT POINT OF ORIGIN A CONSTRUCTIVE WEIGHT, BASED ON SEVEN POUNDS PER CUBIC FOOT OF PROPERLY LOADED VAN SPACE, MAY BE USED.'

THE PRIMARY REQUIREMENT OF SECTION 14 IS ACCEPTABLE EVIDENCE OF THE WEIGHT OF THE GOODS. WE WILL ACCEPT THE CONSTRUCTIVE (CUBIC FOOT MEASUREMENT) OF THE SHIPMENT AS FURNISHED IN YOUR LETTER, IN VIEW OF THE CIRCUMSTANCES IN THIS PARTICULAR CASE. THE CONSTRUCTIVE WEIGHT COVERING THE TWO TRIPS IS 3,500 POUNDS BASED UPON 500 CUBIC FEET AT 7 POUNDS PER CUBIC FOOT.

THEREFORE, A SETTLEMENT WILL ISSUE IN DUE COURSE FOR THE AMOUNT FOUND DUE UPON A COMMUTED BASIS COVERING 3,500 POUNDS OF EFFECTS.