B-149844, SEP. 18, 1962

B-149844: Sep 18, 1962

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THE RECORD SHOWS YOU WERE AUTHORIZED BY TRAVEL ORDER NO. 000 POUNDS NET WEIGHT MAY BE ALLOWED WHERE DETERMINATION IS MADE. THERE ARE NO OTHER EXCEPTIONS AUTHORIZED BY LAW TO THE LIMITATION AND IT FOLLOWS THAT THE OTHER MATTERS URGED BY YOU IN YOUR LETTER AS BASES FOR DISREGARDING THE WEIGHT LIMITATION MAY NOT BE GIVEN CONSIDERATION. THE DISALLOWANCE OF YOUR CLAIM FOR REIMBURSEMENT OF ADDITIONAL TRANSPORTATION COSTS IS PROPER. THE SETTLEMENT IS SUSTAINED. THE SETTLEMENT CERTIFICATE WHICH WAS TRANSMITTED WITH YOUR LETTER IS RETURNED HEREWITH.

B-149844, SEP. 18, 1962

TO MR. GLENN E. DEAKINS:

YOUR LETTER OF AUGUST 22, 1962, WITH ENCLOSURE, REQUESTS REVIEW OF OUR SETTLEMENT OF AUGUST 16, 1962, WHICH DISALLOWED YOUR CLAIM FOR AN ADDITIONAL AMOUNT BELIEVED DUE YOU AS REIMBURSEMENT FOR TRANSPORTATION OF PRIVATELY OWNED PROFESSIONAL BOOKS AND EQUIPMENT INCIDENT TO YOUR TRAVEL FROM MOORESTOWN, NEW JERSEY, TO POINT HUGU, CALIFORNIA, INCIDENT TO YOUR EMPLOYMENT BY THE DEPARTMENT OF THE NAVY.

THE RECORD SHOWS YOU WERE AUTHORIZED BY TRAVEL ORDER NO. T-3000-0309 DATED JANUARY 15, 1962, TO SHIP YOUR HOUSEHOLD GOODS AND EFFECTS AS AN EMPLOYEE WITHOUT IMMEDIATE FAMILY. SECTION 16 OF EXECUTIVE ORDER NO. 9805 PROVIDES THAT THE MAXIMUM WEIGHT FOR SUCH SHIPMENT BETWEEN POINTS WITHIN THE CONTINENTAL UNITED STATES SHALL NOT EXCEED 2,500 POUNDS FOR EMPLOYEES WITHOUT IMMEDIATE FAMILIES.

THE RECORD SHOWS YOU SHIPPED 5,130 POUNDS OF HOUSEHOLD GOODS AND EFFECTS OR 2,630 POUNDS IN EXCESS OF THE MAXIMUM WEIGHT LIMITATION WHICH YOU SAY CONSISTED OF YOUR PRIVATE LIBRARY OF PROFESSIONAL BOOKS AND EQUIPMENT.

YOU NOW CLAIM AN ADDITIONAL AMOUNT OF $413.47 FOR THE EXCESS WEIGHT SHIPPED.

SECTION 6, BUREAU OF THE BUDGET CIRCULAR NO. A-4, TRANSMITTED MEMORANDUM NO. 2, DATED APRIL 3, 1961, PROVIDES:

"/A) THE WEIGHT OF HOUSEHOLD GOODS AND PERSONAL EFFECTS WHICH MAY BE TRANSPORTED AT GOVERNMENT EXPENSE SHALL NOT EXCEED 7,000 POUNDS NEW WEIGHT FOR EMPLOYEES WITH IMMEDIATE FAMILIES AND 2500 POUNDS NET WEIGHT FOR EMPLOYEES WITHOUT IMMEDIATE FAMILIES. WHERE EMPLOYEES WITHOUT IMMEDIATE FAMILIES OWN HOUSEHOLD GOODS AND PERSONAL EFFECTS IN EXCESS OF 2,500 POUNDS NET WEIGHT AS A RESULT OF THEIR FORMER STATUS AS PART OF A LARGER HOUSEHOLD, THE TOTAL AMOUNT UP TO THE MAXIMUM OF 7,000 POUNDS NET WEIGHT MAY BE ALLOWED WHERE DETERMINATION IS MADE, UNDER REGULATIONS PRESCRIBED BY THE AGENCY HEAD, THAT UNUSUAL HARDSHIP WOULD RESULT FROM APPLICATION OF THE 2,500 POUND LIMIT.'

IT DOES NOT APPEAR FROM THE RECORD THAT THE DEPARTMENT OF THE NAVY DETERMINED UNDER THE ABOVE QUOTED SECTION THAT AN UNUSUAL HARDSHIP WOULD RESULT FROM THE APPLICATION OF THE 2,500 POUND LIMIT IN YOUR CASE. FACT, YOUR STATUS AS AN EMPLOYEE WITHOUT AN IMMEDIATE FAMILY AS EXPLAINED BY YOU WOULD SEEM TO PRECLUDE ANY SUCH DETERMINATION.

THERE ARE NO OTHER EXCEPTIONS AUTHORIZED BY LAW TO THE LIMITATION AND IT FOLLOWS THAT THE OTHER MATTERS URGED BY YOU IN YOUR LETTER AS BASES FOR DISREGARDING THE WEIGHT LIMITATION MAY NOT BE GIVEN CONSIDERATION.

THEREFORE, THE DISALLOWANCE OF YOUR CLAIM FOR REIMBURSEMENT OF ADDITIONAL TRANSPORTATION COSTS IS PROPER, AND UPON REVIEW, THE SETTLEMENT IS SUSTAINED.

THE SETTLEMENT CERTIFICATE WHICH WAS TRANSMITTED WITH YOUR LETTER IS RETURNED HEREWITH.