B-161119, MAR. 4, 1968

B-161119: Mar 4, 1968

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EMPLOYEE WHO SHIPPED HOUSEHOLD GOODS FROM UNITED STATES TO PERU IN EXCESS OF WEIGHT AUTHORIZED MAY NOT BE RELIEVED OF LIABILITY FOR INDEBTEDNESS EVEN IF GOVERNMENT'S REPRESENTATIVE MAY HAVE BEEN NEGLIGENT OR UNCOOPERATIVE IN THE MATTER. YOUR INDEBTEDNESS WAS REPORTED TO OUR OFFICE BY LETTERS DATED MARCH 2 AND OCTOBER 13. YOU WERE AUTHORIZED TO SHIP 2. PLEASE NOTE THAT THE WEIGHT LIMITATION ON UNACCOMPANIED BAGGAGE WAS STATED IN TERMS OF GROSS WEIGHT. THE NET WEIGHT OF SUCH EFFECTS WAS DETERMINED TO BE 3. THE COST OF SHIPPING SUCH EXCESS WEIGHT WAS DETERMINED TO BE $269.07. YOU WERE AUTHORIZED (TRAVEL ORDER DATED AUGUST 17. 850 POUNDS OF WHICH WAS CONSIDERED TO BE UNACCOMPANIED BAGGAGE. (350 POUNDS OF BAGGAGE WAS ALLOWED FREE BY THE CARRIER UPON YOUR RETURN BY SHIP TO THIS COUNTRY.).

B-161119, MAR. 4, 1968

TRANSPORTATION - HOUSEHOLD EFFECTS - EXCESS WEIGHT DECISION TO FORMER AID EMPLOYEE CONCERNING INDEBTEDNESS FOR COST OF TRANSPORTATION OF EXCESS WEIGHT OF HOUSEHOLD EFFECTS. EMPLOYEE WHO SHIPPED HOUSEHOLD GOODS FROM UNITED STATES TO PERU IN EXCESS OF WEIGHT AUTHORIZED MAY NOT BE RELIEVED OF LIABILITY FOR INDEBTEDNESS EVEN IF GOVERNMENT'S REPRESENTATIVE MAY HAVE BEEN NEGLIGENT OR UNCOOPERATIVE IN THE MATTER.

TO MR. RICHARD J. HAMMERSTROM:

YOUR LETTER OF JANUARY 25, 1968, WITH ENCLOSURES, REQUESTS FURTHER CONSIDERATION OF THE MATTER OF YOUR INDEBTEDNESS TO THE UNITED STATES IN THE AMOUNT OF $560.16, REPRESENTING THE COST OF TRANSPORTING THE EXCESS WEIGHT OF YOUR HOUSEHOLD EFFECTS BETWEEN THE UNITED STATES AND LIMA, PERU, INCIDENT TO YOUR ASSIGNMENT WITH THE AGENCY FOR INTERNATIONAL DEVELOPMENT (FORMERLY THE INTERNATIONAL COOPERATION ADMINISTRATION). YOUR INDEBTEDNESS WAS REPORTED TO OUR OFFICE BY LETTERS DATED MARCH 2 AND OCTOBER 13, 1964, FROM THE AGENCY FOR INTERNATIONAL DEVELOPMENT, DEPARTMENT OF STATE.

UNDER TRAVEL ORDER DATED OCTOBER 24, 1958, YOU WERE AUTHORIZED TO SHIP 2,550 POUNDS (NET WEIGHT) OF HOUSEHOLD EFFECTS AND 1,700 POUNDS (GROSS WEIGHT) OF UNACCOMPANIED BAGGAGE FROM YOUR RESIDENCE IN THE UNITED STATES TO YOUR POST OF ASSIGNMENT IN LIMA, PERU. PLEASE NOTE THAT THE WEIGHT LIMITATION ON UNACCOMPANIED BAGGAGE WAS STATED IN TERMS OF GROSS WEIGHT.

THE PACKING AND SHIPPING DOCUMENTS CONTAINED IN YOUR FILE SHOW THAT YOU SHIPPED 6,269 POUNDS (GROSS WEIGHT) OF HOUSEHOLD EFFECTS AND BAGGAGE BY SURFACE TRANSPORTATION AND 65 POUNDS (GROSS WEIGHT) OF BAGGAGE BY AIR CARGO TO LIMA, PERU, UNDER THE TRAVEL ORDER OF OCTOBER 24. IN DETERMINING WHETHER OR NOT YOU HAD EXCEEDED YOUR AUTHORIZED WEIGHT ALLOWANCE, YOUR ADMINISTRATIVE OFFICE SUBTRACTED THE 1,700 POUND GROSS WEIGHT ALLOWANCE FOR UNACCOMPANIED BAGGAGE FROM THE 6,334 POUNDS GROSS WEIGHT ACTUALLY SHIPPED, LEAVING A BALANCE OF 4,634 POUNDS (GROSS WEIGHT) ATTRIBUTABLE TO YOUR HOUSEHOLD EFFECTS. THE NET WEIGHT OF SUCH EFFECTS WAS DETERMINED TO BE 3,096 POUNDS OR 546 POUNDS IN EXCESS OF YOUR 2,550-POUND NET WEIGHT LIMITATION ON HOUSEHOLD EFFECTS. THE COST OF SHIPPING SUCH EXCESS WEIGHT WAS DETERMINED TO BE $269.07.

UPON YOUR RETURN TO THE UNITED STATES IN 1962, YOU WERE AUTHORIZED (TRAVEL ORDER DATED AUGUST 17, 1962) SHIPMENT OF 2,550 POUNDS (NET WEIGHT) OF HOUSEHOLD EFFECTS, 1,200 POUNDS (GROSS WEIGHT) OF UNACCOMPANIED BAGGAGE AND 500 POUNDS (NET WEIGHT) OF TECHNICAL MATERIALS. THE RECORD SHOWS THAT YOUR SHIPMENT FROM PERU TOTALED 5,695 POUNDS (GROSS WEIGHT) -- 850 POUNDS OF WHICH WAS CONSIDERED TO BE UNACCOMPANIED BAGGAGE. (350 POUNDS OF BAGGAGE WAS ALLOWED FREE BY THE CARRIER UPON YOUR RETURN BY SHIP TO THIS COUNTRY.) THE NET WEIGHT OF THE REMAINING EFFECTS WAS 3,667 POUNDS, OR 617 POUNDS IN EXCESS OF YOUR AUTHORIZED NET WEIGHT ALLOWANCE (3,050) FOR HOUSEHOLD EFFECTS AND TECHNICAL MATERIALS. THE COST OF PACKING AND SHIPPING SUCH EXCESS WEIGHT WAS DETERMINED TO BE $291.09.

THE WEIGHT LIMITATIONS SPECIFIED IN YOUR TRAVEL ORDERS OF OCTOBER 24, 1958, AND AUGUST 17, 1962, WERE IN CONFORMANCE WITH THE MAXIMUM WEIGHT ALLOWANCES PRESCRIBED IN MANUAL ORDER NO. 560.2 OF THE INTERNATIONAL COOPERATION ADMINISTRATION MANUAL. SEE SECTIONS II.H.3.A. (JULY 24, 1958); APPENDIX II AND TABLES I AND II OF MANUAL ORDER NO. 560.2, IN EFFECT AT THE TIME TRANSPORTATION WAS PERFORMED. UNDER THOSE REGULATIONS, WHICH WERE ISSUED PURSUANT TO STATUTORY AUTHORITY (22 U.S.C. 1136 AND 1797 (A) (17) (, THE GOVERNMENT'S FINANCIAL RESPONSIBILITY WITH RESPECT TO SHIPMENT OF YOUR EFFECTS WAS LIMITED TO THE COST OF TRANSPORTING THE AUTHORIZED WEIGHT. THE FINANCIAL LIABILITY FOR THE EXCESS WEIGHT WAS PLACED BY LAW UPON YOU. SEE SECTION III.A.I OF MANUAL ORDER NO. 560.2 (JULY 24, 1958) AND SECTION II.H. OF MANUAL ORDER NO. 562.1 (JUNE 6, 1961). EVEN IF THE GOVERNMENT'S REPRESENTATIVES WERE SHOWN TO HAVE BEEN NEGLIGENT OR UNCOOPERATIVE IN THE MATTER, AS YOU SO ALLEGE, SUCH FACT WOULD NOT AFFORD A LEGAL BASIS FOR GRANTING YOU RELIEF.

IN VIEW OF THE FOREGOING, WE SUGGEST THAT ARRANGEMENTS BE MADE BY YOU TO SATISFY THIS INDEBTEDNESS ($560.16) EITHER BY MONTHLY PAYMENTS OR A LUMP- SUM PAYMENT IN ACCORDANCE WITH OUR LETTER TO YOU OF JUNE 30, 1967.