B-160320, JUL. 20, 1967

B-160320, JUL. 20, 1967

TRANSPORTATION - HOUSEHOLD EFFECTS - EXCESS WEIGHT DECISION TO CLAIMANT, FORMER OVERSEAS EMPLOYEE, FOR REFUND OF EXCESS COST OF SHIPMENT OF EFFECTS. SINCE ON RECAPITULATION OF SHIPMENTS AND STORAGE COSTS EXCESS COSTS RECOVERED WERE MORE THAN AMOUNT PROPERLY CHARGEABLE, REFUND IS DUE EMPLOYEE.

TO MRS. LUCILE W. RIDNOUR:

WE REFER TO YOUR LETTER OF OCTOBER 14, 1966, AND TO OUR ACKNOWLEDGEMENT AND STATUS LETTERS TO YOU CONCERNING YOUR CLAIM FOR REFUND OF $135.20 COVERING EXCESS COSTS OF SHIPMENT OF YOUR EFFECTS, WHICH WAS DISALLOWED BY OUR CLAIMS DIVISION ON SEPTEMBER 22, 1966.

THE RECORD SHOWS THAT UNDER YOUR TRAVEL ORDER, SPECIAL ORDER NO. L 319 DATED OCTOBER 5, 1961, YOU WERE AUTHORIZED ROUND TRIP TRAVEL FROM GUAM TO SAN DIMAS, CALIFORNIA, FOR PURPOSES OF LEAVE INCIDENT TO YOUR RENEWAL OF EMPLOYMENT AGREEMENT. THAT ORDER AUTHORIZED TRANSPORTATION OF BAGGAGE NOT IN EXCESS OF 335 POUNDS. WE ARE INFORMED BY THE DEPARTMENT OF THE AIR FORCE THAT 290 POUNDS OF "HOLD" BAGGAGE WERE TRANSPORTED AT NO CHARGE FROM GUAM UNDER THAT ORDER. THAT AMOUNT WAS PLACED IN STORAGE IN LOS ANGELES, CALIFORNIA, FOR YOU, UNDER THE AIR FORCE CONTRACT WITH THE DEWITT TRANSFER AND STORAGE COMPANY AT A COST OF 30 CENTS PER HUNDREDWEIGHT PER MONTH, NAMELY, 87 CENTS PER MONTH FOR THE 290 POUNDS, OR A TOTAL COST OF $16.10. THE GOODS WERE REMOVED FROM STORAGE IN JULY 1963 FOR DELIVERY TO DESTINATION, PRESUMABLY EDGEMONT, CALIFORNIA.

UNDER THE LAW THEN IN EFFECT AN OVERSEAS EMPLOYEE WAS ENTITLED TO TWO MONTHS' TEMPORARY STORAGE INCIDENT TO THE TRANSPORTATION OF HOUSEHOLD GOODS AND PERSONAL EFFECTS WITHIN THE ALLOWABLE WEIGHT LIMIT UPON HIS RETURN TO THE UNITED STATES FOR SEPARATION OR UPON TRANSFER TO ANOTHER POSITION. THUS, EXCESS STORAGE COSTS OF $14.36 WERE INCURRED, COMPUTED AS $16.10 MINUS $1.74 FOR THE ALLOWABLE TWO MONTHS' STORAGE FOR YOU. UPON YOUR RETURN TO GUAM AFTER YOUR HOME LEAVE PERIOD, WE UNDERSTAND YOU CARRIED ONLY HAND BAGGAGE.

HOWEVER, THE AGENCY REPORT SAYS THAT ANOTHER LOT (732 POUNDS) OF HOUSEHOLD GOODS AND PERSONAL EFFECTS WAS SHIPPED AS AN ADVANCE RETURN LOT UNDER SPECIAL ORDERS NOS. L-331 DATED OCTOBER 13, 1961, AND A-1139 DATED OCTOBER 18, 1961 (BOTH AMENDING NO. L-319). THESE 732 POUNDS WERE SHIPPED ON GOVERNMENT BILL OF LADING NO. A-8930508 DATED OCTOBER 16, 1961, FROM GUAM TO SAN DIMAS AT A COST OF $245.22.

SUBSEQUENTLY, DURING YOUR EMERGENCY LEAVE TRIP TO CALIFORNIA UNDER SPECIAL ORDER NO. T-415 DATED APRIL 9, 1963, AND INCIDENT TO THE CHANGE OF YOUR DUTY STATION FROM GUAM TO MARCH AIR FORCE BASE, CALIFORNIA, UNDER SPECIAL ORDER NO. A-578 DATED JUNE 13, 1963--BECAUSE OF THE 290 POUNDS IN STORAGE AND THE PREVIOUS SHIPMENT OF 732 POUNDS- YOU WERE AUTHORIZED TO SHIP 1,478 POUNDS NET WEIGHT REPRESENTING THE THEN APPARENT BALANCE OF THE 2,500 POUNDS NET WEIGHT WHICH YOU COULD SHIP INCIDENT TO A TRANSFER AT GOVERNMENT EXPENSE UNDER THE LAW IN EFFECT AT THE TIME. HOWEVER, 1,878 POUNDS OF YOUR GOODS WERE TRANSPORTED ON GOVERNMENT BILL OF LADING NO. B- 4612024 DATED JUNE 18, 1963, AT A COST OF $634.76.

THE ABOVE SHIPMENTS ON GOVERNMENT BILLS OF LADING TOTAL 2,610 POUNDS OR 110 POUNDS IN EXCESS OF THE 2,500 POUNDS ALLOWABLE. THE AGGREGATE COST OF TRANSPORTATION WAS $879.98. HENCE THE COST ATTRIBUTABLE TO THE EXCESS WEIGHT TRANSPORTED AT GOVERNMENT EXPENSE IS 110/2610THS OF $879.98, OR $37.09. WE FIND YOU ARE CHARGEABLE ADDITIONALLY ONLY FOR THE EXCESS STORAGE COST OF $14.36 INDICATED HEREINBEFORE. THUS, THE SUM DUE FROM YOU WAS $51.45 ON ACCOUNT OF THE THREE LOTS OF GOODS. AS THE RECORD SHOWS A SUM OF $135.20 WAS COLLECTED FROM YOU ON JULY 9, 1965, AT MARCH AIR FORCE BASE, YOU ARE DUE A REFUND OF $83.75.

THEREFORE, A CERTIFICATE OF SETTLEMENT FOR THE AMOUNT OF $83.75 WILL BE ISSUED BY OUR CLAIMS DIVISION IN YOUR FAVOR IN DUE COURSE.