B-149618, NOV. 5, 1962

B-149618: Nov 5, 1962

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WERE SHIPPED TO HIS PLACE OF RESIDENCE IN ALASKA ON GOVERNMENT BILL OF LADING NO. THE DOUBT IN THE MATTER ARISES BECAUSE TWO GOVERNMENT BILLS OF LADING WERE USED INCIDENT TO THE TRANSFER. WHEN HOUSEHOLD GOODS ARE SHIPPED ON A GOVERNMENT BILL OF LADING. IS RETURNED HEREWITH. THE COST OF TRANSPORTING WHICH IS FOR RECOVERY FROM THE EMPLOYEE. THE FILE SHOWS THAT IN BOTH SHIPMENTS HERE INVOLVED THE HOUSEHOLD GOODS WERE PACKED AND CRATED. 232 POUNDS WERE UNAUTHORIZED ITEMS FOR WHICH HE REIMBURSED THE GOVERNMENT THE TRANSPORTATION CHARGES ($67.63). FOR THE PURPOSE OF REDUCING THE CUBIC FOOTAGE TO POUNDS THERE IS USED 7 POUNDS PER CUBIC FOOT (1. THE EXCESS CHARGES ASSESSABLE TO THE FORMER EMPLOYEE ARE 867/9.

B-149618, NOV. 5, 1962

TO THE ATTORNEY GENERAL:

THE ADMINISTRATIVE ASSISTANT ATTORNEY GENERAL'S LETTER OF AUGUST 1, 1962, WITH ENCLOSURES, REQUESTS OUR DECISION WHETHER THE VOUCHER THEREWITH TRANSMITTED FOR $609.50, IN FAVOR OF THE AIR VAN LINES MAY BE PAID.

TRAVEL AUTHORIZATION NO. 41-19-1 ISSUED JUNE 8, 1961, AUTHORIZED THE TRANSPORTATION OF MR. NICHOLL'S HOUSEHOLD GOODS FROM ANCHORAGE, ALASKA, TO ENGLEWOOD, COLORADO, INCIDENT TO A PERMANENT CHANGE OF STATION. MR. NICHOLL SHIPPED PART OF HIS HOUSEHOLD GOODS, 1,050 POUNDS, TO MORRISON, COLORADO, ON GOVERNMENT BILL OF LADING NO. 0004874, DATED JUNE 8, 1961, AT A COST OF $287.18. A SUPPLEMENTAL BILLING SHOWS THE CORRECT COST AS $306.08. THE REMAINDER OF HIS HOUSEHOLD GOODS, 1,257 CUBIC FEET, WERE SHIPPED TO HIS PLACE OF RESIDENCE IN ALASKA ON GOVERNMENT BILL OF LADING NO. A 0389602, AT A COST OF $609.50. THE DOUBT IN THE MATTER ARISES BECAUSE TWO GOVERNMENT BILLS OF LADING WERE USED INCIDENT TO THE TRANSFER. WE KNOW OF NO REGULATION OR STATUTE THAT PROHIBITS THE USE OF MORE THAN ONE GOVERNMENT BILL OF LADING UPON MULTIPLE SHIPMENTS OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSES EXCEPT FOR THE REQUIREMENT THAT ONLY ONE ORIGINAL BILL OF LADING BE ISSUED FOR A SINGLE SHIPMENT AND THE LIMITATION ON REIMBURSEMENT TO THE EMPLOYEE TO THE COST OF SHIPMENT IN ONE LOT. WHEN HOUSEHOLD GOODS ARE SHIPPED ON A GOVERNMENT BILL OF LADING, THE CONTRACT OF THE BILL REQUIRES THE GOVERNMENT TO PAY THE AMOUNT OF THE LEGAL CHARGES INCLUDING THE COSTS FOR EXCESS WEIGHT OR CUBIC MEASUREMENT IF THERE BE ANY. THEREFORE, THE VOUCHER WHICH, TOGETHER WITH ENCLOSURES, IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT.

HOWEVER, IN THIS CASE THERE APPEARS TO BE A MATTER OF EXCESS WEIGHT, THE COST OF TRANSPORTING WHICH IS FOR RECOVERY FROM THE EMPLOYEE. SECTION 17, TITLE III, OF EXECUTIVE ORDER NO. 9805, AS AMENDED, IN EFFECT AT THE TIME OF SHIPMENT, PROVIDED THAT AN EMPLOYEE WITH FAMILY, WHEN TRANSFERRED TO OR FROM POINTS OUTSIDE THE CONTINENTAL UNITED STATES, SHOULD BE ALLOWED THE ACTUAL COST OF TRANSPORTATION OF HOUSEHOLD GOODS AND PERSONAL EFFECTS NOT TO EXCEED A MAXIMUM WEIGHT ALLOWANCE OF 7,000 POUNDS NET OR 8,750 POUNDS GROSS. SECTION 8 OF THE EXECUTIVE ORDER LIMITS THE MAXIMUM ALLOWABLE IN CASE OF MULTIPLE SHIPMENTS TO NOT TO EXCEED THE COST OF SHIPMENT IN ONE LOT BY THE MOST ECONOMICAL ROUTE FROM THE LAST OFFICIAL STATION TO THE NEW OFFICIAL STATION.

THE FILE SHOWS THAT IN BOTH SHIPMENTS HERE INVOLVED THE HOUSEHOLD GOODS WERE PACKED AND CRATED. MR. NICHOLL SHIPPED 1,050 POUNDS OF GOODS TO MORRISON, COLORADO. OF THIS, 232 POUNDS WERE UNAUTHORIZED ITEMS FOR WHICH HE REIMBURSED THE GOVERNMENT THE TRANSPORTATION CHARGES ($67.63), LEAVING 818 POUNDS OF GOODS FOR WHICH THE GOVERNMENT PAID THE TRANSPORTATION CHARGES. THE SECOND SHIPMENT IN ALASKA CONSISTED OF 1,257 CUBIC FEET. FOR THE PURPOSE OF REDUCING THE CUBIC FOOTAGE TO POUNDS THERE IS USED 7 POUNDS PER CUBIC FOOT (1,257 TIMES 7) OR 8,799 POUNDS GROSS. SEE B- 144708, DATED APRIL 2, 1962. THE TOTAL WEIGHT SHIPPED AT GOVERNMENT EXPENSE (818 PLUS 8,799) EQUALED 9,617 POUNDS OF HOUSEHOLD GOODS OR 867 POUNDS IN EXCESS OF THE AUTHORIZED GROSS WEIGHT LIMITATION. SINCE THE CHARGES FOR ALL TRANSPORTATION TOTALED $847.95, THE EXCESS CHARGES ASSESSABLE TO THE FORMER EMPLOYEE ARE 867/9,617 OF $847.95, OR $76.44.

APPROPRIATE ADMINISTRATIVE ACTION SHOULD BE TAKEN TO COLLECT FROM THE FORMER EMPLOYEE THE ..END :