B-154002, JUL. 9, 1964

B-154002, JUL. 9, 1964

TO CAPTAIN WILL D. HAYES, USAF, A02254899:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 10, 1964, REQUESTING RECONSIDERATION OF THE ACTION TAKEN IN OUR SETTLEMENT OF APRIL 3, 1964, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF THE AMOUNT OF $99.10 DEDUCTED FROM YOUR PAY FOR EXCESS COST OF SHIPPING YOUR HOUSEHOLD EFFECTS FROM SHERMAN, TEXAS, TO CHANUTE AIR FORCE BASE, ILLINOIS.

IT APPEARS FROM THE RECORD BEFORE US, DB FORM 139, THAT YOUR INDEBTEDNESS AROSE BECAUSE YOU EXCEEDED YOUR AUTHORIZED WEIGHT ALLOWANCE OF 8,650 POUNDS (8,500 POUNDS PLUS 150 POUNDS FOR PROFESSIONAL ITEMS) WHEN YOUR EFFECTS, WEIGHING 6,770 POUNDS, WERE SHIPPED ON GOVERNMENT BILL OF LADING NO. B-0590861 DATED FEBRUARY 27, 1962. IT IS SHOWN ON DD FORM 139 THAT RELATED SHIPMENTS OF YOUR EFFECTS WEIGHING 2,881 POUNDS (278 POUNDS AND 2,603 POUNDS SHIPPED UNDER GOVERNMENT BILLS OF LADING B-2313963 AND A- 8374936) REDUCED YOUR AUTHORIZED ALLOWABLE WEIGHT TO 5,769 POUNDS (8,650 LESS 2,881) INSTEAD OF 6,770 POUNDS, THE WEIGHT ACTUALLY SHIPPED ON THE ABOVE-MENTIONED BILL OF LADING OF FEBRUARY 27, 1962. CONSEQUENTLY, IT WAS ADMINISTRATIVELY DETERMINED THAT YOU WERE INDEBTED FOR THE DIFFERENCE BETWEEN THE ACTUAL COSTS OF THAT SHIPMENT ($809.48) AND THE AUTHORIZED COSTS ($710.38) OR $99.10.

IN SUBMITTING YOUR CLAIM YOU STATED THAT IN 1960, WHEN YOU WERE TRANSFERRED FROM PERRIN AIR FORCE BASE, TEXAS, TO KOREA, PART OF YOUR HOUSEHOLD EFFECTS WERE SENT TO BUNA, TEXAS, AND THE REMAINDER WERE STORED IN SHERMAN, TEXAS, AT GOVERNMENT EXPENSE. YOU STATED FURTHER THAT THE TRANSPORTATION OFFICER AT PERRIN AIR FORCE BASE NOTIFIED YOU THAT YOUR EFFECTS IN STORAGE WERE OVERWEIGHT AND AT HIS REQUEST YOU SELECTED CERTAIN ITEMS TO BE REMOVED FROM GOVERNMENT CONTROL AND HELD AS PERSONAL STORAGE IN THE SAME WAREHOUSE ON WHICH YOU PAID REMOVAL AND PICK-UP FEES, INCLUDING THE MONTHLY STORAGE. UPON YOUR RETURN FROM KOREA IN FEBRUARY 1962, YOU SAY THAT YOU WENT TO PERRIN AIR FORCE BASE TO VERIFY WHAT YOU HAD IN STORAGE IN ORDER THAT YOUR MOVE TO CHANUTE AIR FORCE BASE, ILLINOIS, WOULD NOT BE OVERWEIGHT. YOU REFER TO A CERTIFICATE SIGNED BY A TRANSPORTATION OFFICER CERTIFYING THAT YOUR EFFECTS SHIPPED VIA ALLIED VAN LINES ON GOVERNMENT BILL OF LADING A-8374936 IN MARCH 1962 FROM PERRIN AIR FORCE BASE HAD A NET WEIGHT OF 1,920 POUNDS SHOWN ON DD 1299 AND A NET WEIGHT OF 2,740 POUNDS ON GBL. YOU SAY THAT YOU CHECKED WITH THE AGENT OF THE CARRIER AT CHAMPAIGN, ILLINOIS, AND FOUND THAT YOUR ITEMS IN PERSONAL STORAGE HAD BEEN SHIPPED ALONG WITH YOUR HOUSEHOLD EFFECTS IN STORAGE AT GOVERNMENT EXPENSE. IN THIS CONNECTION, THE FILE CONTAINS A LETTER DATED OCTOBER 3, 1963, ADDRESSED TO THE TRANSPORTATION DIVISION, FINANCE CENTER, U.S. ARMY, SIGNED BY A CAPTAIN J. H. ADAMS, CHIEF A AND F DIVISION, CHANUTE AIR FORCE BASE, STATING, IN PART,

"IN FEBRUARY 1962 ITEMS IN PERSONAL STORAGE WERE REMOVED WITHOUT OFFICER'S CONSENT OR REQUEST AND FORWARDED TO THIS BASE ON THE SAME BILL OF LADING WITH ITEMS IN GOVERNMENT STORAGE.'

IT IS YOUR VIEW THAT SINCE THE STORAGE COMPANY MADE THE MISTAKE BY ERRONEOUSLY SHIPPING YOUR ITEMS IN PERSONAL STORAGE ALONG WITH YOUR EFFECTS STORED UNDER GOVERNMENT CONTROL, AND SINCE THE GOVERNMENT PAID FOR THAT SHIPMENT, THE AMOUNT WITHHELD FROM YOUR PAY SHOULD BE REFUNDED TO YOU AND THE GOVERNMENT SHOULD LOOK TO THE STORAGE COMPANY FOR REIMBURSEMENT.

THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO 37 U.S.C. 406 (B) PROVIDES (IN PARAGRAPH 8002) THAT HOUSEHOLD EFFECTS WITHIN SPECIFIED WEIGHT ALLOWANCES, DESIGNATED AS NET WEIGHTS, ARE AUTHORIZED FOR SHIPMENT. PARAGRAPH 8007-2 OF THOSE REGULATIONS EXPRESSLY STATES THAT THE MEMBER WILL BEAR ALL TRANSPORTATION COSTS FOR WEIGHT IN EXCESS OF THE MAXIMUM ALLOWANCE PRESCRIBED IN THE REGULATIONS. THE GOVERNMENT IS OBLIGATED TO PAY THE CARRIER FOR THE TOTAL WEIGHT SHIPPED EVEN THOUGH IT EXCEEDS THE MEMBER'S AUTHORIZED ALLOWANCE.

ALTHOUGH THE ITEMS IN PERSONAL STORAGE MAY HAVE BEEN REMOVED WITHOUT YOUR CONSENT OR REQUEST AND SHIPPED ALONG WITH YOUR HOUSEHOLD EFFECTS TO YOUR NEW DUTY STATION, IT WAS YOUR RESPONSIBILITY--- NOT THE GOVERNMENT-S--- TO NOTIFY THE WAREHOUSE OR THE CARRIER, AS THE CASE MAY BE, THAT THE ITEMS IN PERSONAL STORAGE WERE TO REMAIN THERE UNTIL RECEIPT OF FURTHER INSTRUCTIONS FROM YOU. THERE IS NOTHING IN THE JOINT TRAVEL REGULATIONS WHICH SUGGESTS THAT SUCH RESPONSIBILITY MAY BE SHIFTED TO THE GOVERNMENT.

WHILE WE APPRECIATE THE CIRCUMSTANCES SURROUNDING THE SHIPMENT OF YOUR EFFECTS, THE GOVERNMENT WAS OBLIGATED TO PAY THE CARRIER FOR THE TOTAL WEIGHT SHIPPED AND SINCE THERE WAS NO AUTHORITY OF LAW FOR THE SHIPMENT OF THE EXCESS WEIGHT AT GOVERNMENT EXPENSE, THE SETTLEMENT OF APRIL 3, 1964, DISALLOWING YOUR CLAIM MUST BE SUSTAINED.

WITH RESPECT TO YOUR QUESTION RELATIVE TO REFERRING THE MATTER TO ANOTHER AUTHORITY, YOU ARE ADVISED THAT PURSUANT TO THE PROVISIONS OF 31 U.S.C. 71 CLAIMS AGAINST THE GOVERNMENT OF THE UNITED STATES ARE SETTLED IN THE GENERAL ACCOUNTING OFFICE AND OUR DECISIONS ARE CONCLUSIVE ON THE EXECUTIVE BRANCH OF THE GOVERNMENT. SEE IN THIS CONNECTION 31 U.S.C. 74. HOWEVER, CERTAIN CLAIMS MAY BE THE BASIS OF SUITS IN THE UNITED STATES COURT OF CLAIMS. SUCH SUITS MAY BE FILED WITHIN 6 YEARS AFTER THE CLAIM FIRST ACCRUED. 28 U.S.C. 2501.