B-145663, JUN. 20, 1961

B-145663: Jun 20, 1961

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DOUGHERTY: REFERENCE IS MADE TO YOUR LETTER OF APRIL 11. YOU WERE RELIEVED FROM YOUR ASSIGNMENT WITH THE 662ND AIRCRAFT CONTROL AND WARNING SQUADRON. WERE SHIPPED BY VAN FROM GIRARD. 000 POUNDS AND YOU WERE REQUIRED TO PAY TO THE GOVERNMENT THE EXCESS COST FOR TRANSPORTATION IN THE AMOUNT OF $51.51. YOU DO NOT CONTEST THE FACT THAT THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS WAS OVER YOUR AUTHORIZED WEIGHT ALLOWANCE. DESIGNATED AS NET WEIGHTS ARE AUTHORIZED FOR SHIPMENT AT GOVERNMENT EXPENSE. SUCH WEIGHTS ARE SET FORTH FOR VARIOUS RANKS AND GRADES AND PROVISIONS ARE MADE FOR A PERCENTAGE INCREASE TO ALLOW FOR PACKING AND CRATING. THE AUTHORIZED NET WEIGHT OF HOUSEHOLD EFFECTS WHICH MIGHT BE SHIPPED AT PUBLIC EXPENSE WAS INCREASED FIVE PERCENT FOR SHIPMENT BY VAN.

B-145663, JUN. 20, 1961

TO MASTER SERGEANT RAYMOND E. DOUGHERTY:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 11, 1961, IN WHICH YOU REQUEST RECONSIDERATION OF THE SETTLEMENT OF APRIL 3, 1961, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF $51.51, REPRESENTING THE EXCESS COST OF SHIPPING YOUR HOUSEHOLD EFFECTS OVER YOUR AUTHORIZED WEIGHT ALLOWANCE FROM GIRARD, OHIO, TO KINCHELOE AIR FORCE BASE, MICHIGAN.

THE RECORD SHOWS THAT BY SPECIAL ORDERS NO. A-78, DATED APRIL 25, 1960, YOU WERE RELIEVED FROM YOUR ASSIGNMENT WITH THE 662ND AIRCRAFT CONTROL AND WARNING SQUADRON, ADS, WITH PERMANENT DUTY STATION AT YOUNGSTOWN MUNICIPAL AIRPORT, YOUNGSTOWN, OHIO, AND ASSIGNED TO THE 507TH FIGHTER GROUP, KINCHELOE AIR FORCE BASE, MICHIGAN. BASED ON THESE ORDERS YOUR HOUSEHOLD EFFECTS, WEIGHING 7,305 POUNDS, WERE SHIPPED BY VAN FROM GIRARD, OHIO, TO KINCHELOE AIR FORCE BASE, MICHIGAN, ON GOVERNMENT BILL OF LADING NO. B- 0282621 ISSUED JULY 14, 1960. THE SHIPMENT EXCEEDED YOUR AUTHORIZED WEIGHT ALLOWANCE OF 6,000 POUNDS AND YOU WERE REQUIRED TO PAY TO THE GOVERNMENT THE EXCESS COST FOR TRANSPORTATION IN THE AMOUNT OF $51.51. YOUR REQUEST FOR REVIEW, YOU DO NOT CONTEST THE FACT THAT THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS WAS OVER YOUR AUTHORIZED WEIGHT ALLOWANCE. YOU URGE, HOWEVER, THAT THE FAILURE TO STORE YOUR HOUSEHOLD EFFECTS AT POINT OF ORIGIN AS REQUESTED BY YOU SHOULD MAKE THE GOVERNMENT LIABLE FOR THE PAYMENT OF THE EXCESS COSTS INCIDENT TO YOUR OVERWEIGHT SHIPMENT.

THE JOINT TRAVEL REGULATIONS PRESCRIBED PURSUANT TO AUTHORITY CONTAINED IN SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (C), AND APPLICABLE DURING THE PERIOD HERE INVOLVED PROVIDE (PARAGRAPH 8001) THAT HOUSEHOLD EFFECTS WITHIN SPECIFIED WEIGHT ALLOWANCES, DESIGNATED AS NET WEIGHTS ARE AUTHORIZED FOR SHIPMENT AT GOVERNMENT EXPENSE. SUCH WEIGHTS ARE SET FORTH FOR VARIOUS RANKS AND GRADES AND PROVISIONS ARE MADE FOR A PERCENTAGE INCREASE TO ALLOW FOR PACKING AND CRATING. UNDER SUCH PROVISIONS, THE AUTHORIZED NET WEIGHT OF HOUSEHOLD EFFECTS WHICH MIGHT BE SHIPPED AT PUBLIC EXPENSE WAS INCREASED FIVE PERCENT FOR SHIPMENT BY VAN. THE COST OF SHIPPING ANY WEIGHT IN EXCESS OF THE MAXIMUM OVER-ALL WEIGHT FIXED BY THE REGULATIONS FOR SHIPMENT AT GOVERNMENT EXPENSE PROPERLY IS CHARGEABLE TO THE MILITARY MEMBER. NONTEMPORARY STORAGE OF HOUSEHOLD EFFECTS AS AN ALTERNATIVE TO SHIPMENT WAS NOT AUTHORIZED UNTIL SEPTEMBER 8, 1960, OR AFTER THE MOVEMENT HERE INVOLVED. SEE PARAGRAPH 8101-7 OF THE JOINT TRAVEL REGULATIONS. PARAGRAPH 8100 OF THE REGULATIONS AUTHORIZED TEMPORARY STORAGE AT GOVERNMENT EXPENSE FOR A PERIOD OF 90 DAYS IN CONNECTION WITH A SHIPMENT OF PERMANENT CHANGE OF STATION WEIGHT ALLOWANCE OF HOUSEHOLD GOODS AT PLACE OF ORIGIN, IN TRANSIT, OR AT DESTINATION.

WE HAVE SECURED A COPY OF YOUR APPLICATION FOR SHIPMENT OF HOUSEHOLD GOODS, DD FORM 1299 (THIS FORM REPLACED SF 116), SIGNED BY YOU, AND DATED JULY 10, 1960. WHILE THIS APPLICATION SHOWS THAT YOU REQUESTED THAT YOUR HOUSEHOLD GOODS BE PLACED IN STORAGE AT POINT OF ORIGIN, IT ALSO SHOWS THAT THE STORAGE FINALLY AUTHORIZED, APPARENTLY BY THE TRANSPORTATION OFFICER, WAS "STORAGE IN TRANSIT AT DESTINATION.' IN THIS REGARD PARAGRAPH 90204, AIR FORCE MANUAL 75-1F, PROVIDES AS FOLLOWS:

"B. PROCEDURES FOR OBTAINING TEMPORARY STORAGE. A MEMBER FOR WHOM A HOUSEHOLD GOODS WEIGHT ALLOWANCE IS AUTHORIZED UNDER THE PROVISIONS OF CHAPTER 8, JTR--- AND WHO REQUIRES TEMPORARY STORAGE IN CONNECTION WITH AUTHORIZED SHIPMENT OF HIS HOUSEHOLD GOODS--- WILL SUBMIT A DD FORM 1299 OR SF 116, APPLICATION FOR SHIPMENT OF HOUSEHOLD GOODS, SUPPORTED BY ONE COPY OF SF 117, INVENTORY OF HOUSEHOLD GOODS, WHEN REQUIRED, AND COPIES OF PERTINENT ORDERS. WHEN A TRANSPORTATION OFFICER RECEIVES THE APPLICATION AND TEMPORARY STORAGE IS REQUESTED, HE WILL DETERMINE WHETHER STORAGE AT ORIGIN OR AT DESTINATION WILL BEST SERVE THE INTEREST OF THE GOVERNMENT AND OF THE PROPERTY OWNER. HOWEVER, FACILITIES AND OTHER FACTORS BEING EQUAL, STORAGE WILL BE AT DESTINATION.'

THUS, UNDER PERTINENT AIR FORCE REGULATIONS, THE TRANSPORTATION OFFICER IS VESTED WITH FINAL AUTHORITY TO DETERMINE WHERE THE HOUSEHOLD GOODS WILL BE STORED AND SUCH REGULATIONS CONTEMPLATE THAT GENERALLY STORAGE WILL BE AT DESTINATION. THE STORAGE OF YOUR EFFECTS AT DESTINATION RATHER THAN POINT OF ORIGIN, AS ORIGINALLY REQUESTED BY YOU, MUST BE VIEWED AS REFLECTING A DETERMINATION BY THE TRANSPORTATION OFFICER UNDER THE ABOVE REGULATIONS THAT STORAGE AT DESTINATION WOULD BEST SERVE THE INTEREST OF THE GOVERNMENT.

THE GOVERNMENT BILL OF LADING UNDER WHICH YOUR HOUSEHOLD EFFECTS WERE SHIPPED STATES ON ITS FACE THAT "STORAGE IN TRANSIT AUTH NOT TO EXCEED 90 DAYS AT DESTINATION AFTER CONTACTING SIGNEE.' ATTACHED THE THE BILL OF LADING IS DD FORM 619 (STATEMENT OF ACCESSORIAL SERVICES PERFORMED) DATED JULY 14, 1960, WHICH STATES SPECIFICALLY THAT YOUR EFFECTS WOULD BE SHIPPED FROM GIRARD, OHIO, TO KINCHELOE AF BASE, MICHIGAN, WITH STORAGE IN TRANSIT AT SAULT SAINTE MARIE, MICHIGAN. THIS FORM WAS SIGNED BY YOU ON JULY 18, 1960, AS EVIDENCE THAT THE ACCESSORIAL SERVICES HAD BEEN PERFORMED. ALSO, THE BILL OF LADING SHOWS THAT DOLLY DOUGHERTY (APPARENTLY YOUR WIFE) SIGNED FOR DELIVERY OF YOUR HOUSEHOLD GOODS ON JULY 26, 1960, AT KINCHELOE AIR FORCE BASE. FOLLOWING THIS ACCEPTANCE THEY WERE PUT IN TEMPORARY STORAGE AT SAULT SAINTE MARIE, MICHIGAN, AND THE FACT THAT THE ITEMS WHICH YOU SAY YOU WOULD HAVE REMOVED PRIOR TO THE SHIPMENT OF YOUR HOUSEHOLD GOODS, HAD THEY BEEN STORED AT POINT OF ORIGIN, WERE INCLUDED IN THE SHIPMENT DOES NOT APPEAR TO HAVE BEEN THE SUBJECT OF ANY PROTEST AT THAT TIME.

IN THE LIGHT OF THE FOREGOING FACTS AND CIRCUMSTANCES, WE MAY NOT CONCLUDE THAT YOU WERE IMPROPERLY CHARGED WITH THE EXCESS COST OF THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS. ACCORDINGLY, THE SETTLEMENT OF APRIL 3, 1961, WAS CORRECT AND IS SUSTAINED.