B-160155, DEC. 12, 1966

B-160155, DEC. 12, 1966

TO AUTHORIZED CERTIFYING OFFICER, BUREAU OF LAND MANAGEMENT, UNITED STATES DEPARTMENT OF THE INTERIOR:

WE REFER TO YOUR LETTER OF SEPTEMBER 20, 1966, AND ENCLOSURES, YOUR REFERENCE 1376/D736B-2), CONCERNING THE AMOUNT DUE FROM MR. ELMER W. SHAW ON ACCOUNT OF THE EXCESS WEIGHT OF HOUSEHOLD GOODS WHICH WERE TRANSPORTED FOR HIM ON GOVERNMENT BILLS OF LADING FROM ALASKA TO THE CONTINENTAL UNITED STATES IN 1964 AND 1965 AS DISCUSSED BELOW.

MR. SHAW TRANSFERRED IN JUNE 1962 FROM THE FOREST SERVICE, DEPARTMENT OF AGRICULTURE, FORT COLLINS, COLORADO, TO THE BUREAU OF LAND MANAGEMENT UNDER AGREEMENT DATED APRIL 16, 1962, TO SERVE AT ANCHORAGE, ALASKA, FOR A PERIOD OF TWO YEARS. AT THAT TIME BUREAU OF THE BUDGET CIRCULAR NO. A-4 LIMITED TO 7,000 POUNDS NET THE HOUSEHOLD GOODS AND PERSONAL EFFECTS THAT COULD BE SHIPPED AT GOVERNMENT EXPENSE. THE SAME LIMITATION APPEARS IN BUREAU OF THE BUDGET CIRCULAR NO. A-56, WHICH REPLACED CIRCULAR NO. A-4.

AFTER SERVING THE REQUIRED TWO YEARS IN ALASKA, MR. SHAW AGREED TO SERVE THERE ANOTHER TWO YEARS UPON HIS RETURN FROM A PERIOD OF LEAVE IN THE CONTINENTAL UNITED STATES. THE BUREAU OF LAND MANAGEMENT TRAVEL AUTHORIZATION NO. SP-22 DATED AUGUST 19, 1964, IN ITEM 10 AUTHORIZED TRAVEL AND TRANSPORTATION AT GOVERNMENT EXPENSE AS FOLLOWS:

"10. PURPOSE AND REMARKS:--- HOME LEAVE--- EMPLOYEE'S WIFE AND SON, AGE 18 WILL TRAVEL SEPARATELY FROM EMPLOYEE, DESTINATION LEE'S SUMMIT, MISSOURI, AND RETURN, DEPARTING ANCHORAGE APPROXIMATELY 8/20/64. TRANSPORTATION AUTHORIZED AT JET TOURIST RATES, NOT TO EXCEED COST BY MOST DIRECT ROUTE TO EMPLOYEE'S POINT OF HIRE, FT. COLLINS, COLO. AND RETURN. EMPLOYEE WILL DEPART ANCHORAGE 9/21/64, FOR FT. COLLINS, COLORADO. EMPLOYEE IS AUTHORIZED TO ATTEND AMERICAN FORESTERS CONVENTION, DENVER, COLO., 9/27 THRU 9/30. EMPLOYEE IS ALSO AUTHORIZED PARTIAL SHIPMENT OF HOUSEHOLD GOODS TO EVERETT, WASHINGTON (NTE 5,000 LBS), PER BUDGET CIR. A- 56, SEC. 5.1, 5.2, PAGE 15.'

MRS. SHAW AND SON DEPARTED ANCHORAGE ON AUGUST 31, 1964, AND SHE LATER WAS DIVORCED FROM MR. SHAW. A PORTION OF THE HOUSEHOLD GOODS, 3,560 POUNDS, WAS PICKED UP BY THE CARRIER ON AUGUST 18, 1964, IN ANCHORAGE, SHIPPED BY AIR FREIGHT TO SEATTLE AND DELIVERED TO HER RESIDENCE AT EVERETT, WASHINGTON, ON OCTOBER 21, 1964, AS EVIDENCED ON GOVERNMENT BILL OF LADING NO. A0881059, DATED SEPTEMBER 3, 1964, AT A COST OF $849.41 TO THE GOVERNMENT.

IN THE MEANTIME MR. SHAW WAS PERFORMING HIS ROUND-TRIP LEAVE TRAVEL TO FORT COLLINS AND THE INTERMITTENT TEMPORARY DUTY AS AUTHORIZED. MR. SHAW SUBSEQUENTLY REMARRIED AND, WITH HIS SECOND WIFE, THE CHANGE OF HIS PERMANENT DUTY STATION BY TRANSFER TO BILLINGS, MONTANA, WAS EFFECTED UNDER TRAVEL AUTHORIZATION NO. DCS-66-78 SPECIAL DATED OCTOBER 10, 1965. AN EXPLICIT WEIGHT LIMIT WAS NOT SET OUT IN THE TRANSPORTATION ITEM 19 WHICH MERELY PROVIDED "SHIPMENT OF HOUSEHOLD GOODS SHALL BE BY GBL.' ACTUALLY SHIPPED 4,520 POUNDS FROM ANCHORAGE VIA SEATTLE TO BILLINGS.

HE ASSERTS THAT HIS DEBT SHOULD BE MEASURED BY THE CONSTRUCTIVE COST OF A FULL 7,000 POUND STANDARD ALLOWANCE AS IF 7,000 POUNDS HAD BEEN SHIPPED ALL THE WAY TO BILLINGS AND THAT SUCH CONSTRUCTIVE COST BE COMPARED ONLY WITH THE ACTUAL COSTS OF THE TWO SHIPMENTS, NOTWITHSTANDING THE TOTAL WEIGHT (8,080 POUNDS) OF THE TWO SHIPMENTS.

THE VARIOUS STATEMENTS IN THE FILE HAVE BEEN CAREFULLY CONSIDERED IN THE LIGHT OF SECTIONS 1.7, 1.9, 3.1, 3.6 AND 5.1 OF CIRCULAR NO. A 56.

THE COSTS ALLOWABLE ON A SHIPMENT BY USE OF A GOVERNMENT BILL OF LADING ARE THOSE NECESSARILY INCURRED WITHIN THE LIMITATIONS PRESCRIBED BY THE REGULATIONS. SECTION 3.6 SPECIFICALLY PROVIDES IF PROPERTY IN EXCESS OF THE AMOUNT (WEIGHT) ALLOWABLE UNDER THESE REGULATIONS IS SHIPPED ON A GOVERNMENT BILL OF LADING OR PURCHASE ORDER, THE EMPLOYEE SHALL PAY AN AMOUNT EQUAL TO THE CHARGE FOR THE TRANSPORTATION OF SUCH EXCESS WEIGHT COMPUTED FROM THE TOTAL CHARGES ACCORDING TO THE RATIO OF EXCESS WEIGHT TO THE TOTAL WEIGHT OF THE SHIPMENT.

SECTION 5.1 CONCERNS RETURN OF FAMILIES AND HOUSEHOLD GOODS TO THE UNITED STATES PRIOR TO THE RETURN OF THE EMPLOYEE AND PROVIDES THAT AN EMPLOYEE MAY ELECT TO RETAIN OVERSEAS ANY PORTION OF HIS HOUSEHOLD GOODS AND PERSONAL EFFECTS PROVIDED THAT THE TOTAL WEIGHT OF ALL RETURN SHIPMENTS SHALL NOT EXCEED THE APPLICABLE WEIGHT LIMIT (7,000 POUNDS "WITH FAMILY"). SECTION 1.9 PROVIDES THAT THE COST TO THE GOVERNMENT SHALL NOT EXCEED THE COST OF SHIPMENT IN ONE LOT FROM THE LAST OFFICIAL STATION OF A TRANSFERRING EMPLOYEE TO THE NEW STATION OR TO THE PLACE OF HIS RESIDENCE UPON HIS RETURN FOR SEPARATION.

THUS, THE 3,560 POUNDS RETURNED TO EVERETT IN 1964 MUST BE INCLUDED IN COMPUTING THE 7,000 POUND LIMIT TRANSPORTABLE AT GOVERNMENT EXPENSE UPON MR. SHAW'S RETURN TO THE CONTINENTAL UNITED STATES IN 1965. UNDER THE LAW AND REGULATIONS COSTS APPLICABLE TO TRANSPORTATION, DRAYAGE, STORAGE, PACKING AND ACCESSORIAL SERVICES ATTRIBUTABLE TO THAT PART (1,080 POUNDS) OF THE AGGREGATE NET WEIGHT EXCEEDING 7,000 POUNDS ARE NOT ALLOWABLE AT GOVERNMENT EXPENSE, REGARDLESS OF THE FACT THAT THE POINT SELECTED BY THE EMPLOYEE IN 1964 FOR SOME PORTION OF THE WEIGHT WAS LESS DISTANT THAN THE POINT TO WHICH HE SUBSEQUENTLY MIGHT HAVE SHIPPED A FULL 7,000 POUNDS HAD THE PRIOR SHIPMENT NOT OCCURRED. IN FACT, MR. SHAW SHIPPED AN AGGREGATE NET WEIGHT OF 8,080 POUNDS, OR 1,080 POUNDS OVERWEIGHT, FROM ALASKA TO MORE THAN ONE POINT. THE AGGREGATE COSTS OF THE 8,080 POUNDS WERE $2,256.10. THE AMOUNT OF THE GOVERNMENT'S COSTS ALLOWABLE ON THE TWO BILLS OF LADING IS 7000/8080 OF $2,256.10, OR $1,954.54. THE DIFFERENCE OF $301.56--- REPRESENTING 1080/8080 OF THE TOTAL COSTS--- IS DUE FROM MR. SHAW TO THE UNITED STATES.