B-162856, FEB. 5, 1968

B-162856: Feb 5, 1968

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PLACED IN STORAGE WHICH WEIGHT IS LESS THAN 17. OFFICER IS NOT CHARGEABLE WITH ANY EXCESS WEIGHT BASED ON ORIGINAL WEIGHT CERTIFICATES. OF MARS EQUIPMENT TOTAL WEIGHT SHIPPED WAS 510 LBS. IN EXCESS OF AUTHORIZED WEIGHT AND MEMBER IS CHARGEABLE WITH EXCESS. RETIRED: FURTHER REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 10. 360 POUNDS WAS SHIPPED TO YOUR HOME OF SELECTION. 770 POUNDS WERE PLACED IN NONTEMPORARY STORAGE IN SAN BERNARDINO. ON THE BASIS THAT UNDER AIR FORCE MANUAL 75-4 YOU WERE AUTHORIZED TO SHIP OR STORE ONLY 3. YOU WERE REQUIRED TO PAY THE HAULING AND STORAGE CONTRACTOR A TOTAL OF $200.83. THE GOODS AND EQUIPMENT WHICH HAD BEEN PLACED IN STORAGE WERE NOT SHIPPED TO YOUR HOME OF SELECTION BUT WERE MOVED FROM STORAGE TO THOUSAND OAKS.

B-162856, FEB. 5, 1968

TRANSPORTATION - HOUSEHOLD EFFECTS - EXCESS WEIGHT DECISION TO RETIRED AIR FORCE OFFICER RE CLAIM FOR REIMBURSEMENT FOR SHIPMENT OF HOUSEHOLD EFFECTS, PROFESSIONAL BOOKS AND MARS EQUIPMENT IN EXCESS OF WEIGHT ALLOWANCE INCIDENT TO RETIREMENT. OFFICER WHO HAD EFFECTS, MARS EQUIPMENT, AND BOOKS WEIGHING 16,840 POUNDS, PLACED IN STORAGE WHICH WEIGHT IS LESS THAN 17,130 POUNDS AUTHORIZED, OFFICER IS NOT CHARGEABLE WITH ANY EXCESS WEIGHT BASED ON ORIGINAL WEIGHT CERTIFICATES. WITH RESPECT TO SHIPMENT FROM STORAGE TO SELECTED RETIREMENT HOME, THE CERTIFICATE SHOWS 9,660 LBS. OF HOUSEHOLD EFFECTS, 3,200 LBS OF PROFESSIONAL EQUIPMENT AND 4,040 LBS. OF MARS EQUIPMENT TOTAL WEIGHT SHIPPED WAS 510 LBS. IN EXCESS OF AUTHORIZED WEIGHT AND MEMBER IS CHARGEABLE WITH EXCESS.

TO LIEUTENANT COLONEL ROBERT F. BOWKER USAF, RETIRED:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 10, 1967, REQUESTING A REVIEW OF YOUR CLAIM FOR REIMBURSEMENT OF THE AMOUNT OF $200.83, PAID BY YOU FOR PACKING AND MOVING YOUR HOUSEHOLD GOODS TO STORAGE AND STORAGE THEREOF.

INCIDENT TO YOUR RETIREMENT FROM THE AIR FORCE, EFFECTIVE OCTOBER 31, 1965, ONE LOT OF YOUR HOUSEHOLD GOODS WITH A NET WEIGHT OF 1,360 POUNDS WAS SHIPPED TO YOUR HOME OF SELECTION, KAILUA (HONOLULU), HAWAII. HOUSEHOLD GOODS WEIGHING 8,490 POUNDS, PROFESSIONAL EQUIPMENT WEIGHING 2,580 POUNDS AND MARS EQUIPMENT WEIGHING 5,770 POUNDS WERE PLACED IN NONTEMPORARY STORAGE IN SAN BERNARDINO, CALIFORNIA. ON THE BASIS THAT UNDER AIR FORCE MANUAL 75-4 YOU WERE AUTHORIZED TO SHIP OR STORE ONLY 3,000 POUNDS OF MARS EQUIPMENT AT GOVERNMENT EXPENSE UNDER YOUR RETIREMENT ORDERS, YOU WERE REQUIRED TO PAY THE HAULING AND STORAGE CONTRACTOR A TOTAL OF $200.83, REPRESENTING PACKING, HAULING AND STORAGE CHARGES ON THE WEIGHT OF YOUR MARS EQUIPMENT IN EXCESS OF 3,000 POUNDS, OR 2,770 POUNDS.

THE GOODS AND EQUIPMENT WHICH HAD BEEN PLACED IN STORAGE WERE NOT SHIPPED TO YOUR HOME OF SELECTION BUT WERE MOVED FROM STORAGE TO THOUSAND OAKS, CALIFORNIA. AT YOUR REQUEST, THE GOODS AND EQUIPMENT WERE REWEIGHED AT THE TIME THEY WERE REMOVED FROM STORAGE. THE REWEIGH SHOWED THAT THE ITEMS MOVED OUT OF STORAGE CONSISTED OF 9,660 POUNDS OF HOUSEHOLD GOODS, 3,200 POUNDS OF PROFESSIONAL EQUIPMENT AND 4,040 POUNDS OF MARS EQUIPMENT.

ON MAY 23, 1967, YOU PRESENTED A CLAIM TO THE AIR FORCE ACCOUNTING AND FINANCE CENTER, DENVER, COLORADO, FOR REIMBURSEMENT OF THE AMOUNT OF $200.83. THIS CLAIM WAS PREDICATED ON A CONTENTION THAT THE SHIPMENT OF 1,360 POUNDS OF HOUSEHOLD GOODS TO KAILUA INCLUDED 1,000 POUNDS OF PROFESSIONAL GOODS AND, THEREFORE, THAT THE COMBINED WEIGHT OF THE HOUSEHOLD GOODS IN THAT SHIPMENT, 360 POUNDS, AND THE WEIGHTS OF THE HOUSEHOLD GOODS (9,660 POUNDS) AND MARS EQUIPMENT (4,040 POUNDS) STORED AS SHOWN BY THE REWEIGH DID NOT EXCEED YOUR WEIGHT ALLOWANCE OF 11,550 POUNDS PLUS THE 3,000 POUNDS AUTHORIZED FOR MARS EQUIPMENT.

BY LETTER DATED JULY 5, 1967, THE AIR FORCE ACCOUNTING AND FINANCE CENTER FORWARDED THE CLAIM TO OUR CLAIMS DIVISION FOR SETTLEMENT BECAUSE OF DOUBT AS TO HOW THE EXCESS WEIGHT, IF ANY, SHOULD BE DETERMINED. IT WAS INDICATED THAT IF EXCESS WEIGHT IS FOR DETERMINATION ON THE BASIS OF THE REWEIGH, THE CHARGE FOR THE EXCESS WEIGHT OF 1,040 POUNDS OF MARS EQUIPMENT WOULD BE $69.16 RATHER THAN THE $200.83 ASSESSED. THE CLAIMS DIVISION BY SETTLEMENT DATED AUGUST 25, 1967, DISALLOWED THE CLAIM FOR THE REASON THAT THE EVIDENCE SUBMITTED BY YOU MAY NOT BE ACCEPTED AS REFUTING THE ORIGINAL ADMINISTRATIVE DETERMINATION BASED ON THE ORIGINAL WEIGHT CERTIFICATES IN THE ABSENCE OF A CERTIFICATION FROM THE APPROPRIATE TRANSPORTATION OFFICER OR OTHER DOCUMENTARY EVIDENCE TO THE EFFECT THAT SUCH DETERMINATION WAS IN ERROR.

SECTION 406 OF TITLE 37, U.S.C. PROVIDES FOR THE TRANSPORTATION (INCLUDING PACKING AND CRATING) OF BAGGAGE AND HOUSEHOLD EFFECTS OF MEMBERS OF THE UNIFORMED SERVICES TO AND FROM SUCH LOCATIONS AND WITHIN SUCH WEIGHT ALLOWANCES AS MAY BE PRESCRIBED BY THE SECRETARIES AND FOR THE NONTEMPORARY STORAGE OF BAGGAGE AND HOUSEHOLD EFFECTS IN FACILITIES OF THE UNITED STATES, OR IN COMMERCIAL FACILITIES WHEN IT IS CONSIDERED TO BE MORE ECONOMICAL TO THE UNITED STATES.

PARAGRAPH M8002-2, JOINT TRAVEL REGULATIONS, PROMULGATED UNDER THAT AUTHORITY, DEFINES THE TERM "HOUSEHOLD GOODS" AS INCLUDING, AMONG OTHER THINGS, PROFESSIONAL BOOKS, PAPERS, AND EQUIPMENT UNDER THE CONDITIONS DESCRIBED IN SUBPARAGRAPH 3 AND ALL OTHER PERSONAL PROPERTY ASSOCIATED WITH THE HOME AND PERSON. PARAGRAPH M8004 OF THOSE REGULATIONS PROVIDES THAT A MEMBER, WITHOUT REGARD TO RANK OR GRADE, IS ENTITLED TO TRANSPORTATION OF PROFESSIONAL BOOKS, PAPERS, AND EQUIPMENT AS DEFINED IN PARAGRAPH M8003-3, WHEN CERTIFIED BY HIM AS BEING NECESSARY IN THE PERFORMANCE OF HIS OFFICIAL DUTIES AND WHEN PREPARED IN ACCORDANCE WITH THE REGULATIONS OF THE SERVICE CONCERNED AND THAT TRANSPORTATION SHALL BE IN THE SAME MANNER AND UNDER THE SAME CONDITIONS AS HOUSEHOLD GOODS, INCLUDING SHIPMENT INCIDENT TO SEPARATION OR RETIREMENT, EXCEPT THAT THE WEIGHT THEREOF SHALL BE WITHOUT CHARGE AGAINST THE WEIGHT ALLOWANCES PRESCRIBED IN PARAGRAPHS M8003 AND M8008. PARAGRAPH M8000-3 SPECIFIES THAT PROFESSIONAL BOOKS, PAPERS, AND EQUIPMENT INCLUDES COMMUNICATION EQUIPMENT, NOT TO EXCEED 3,000 POUNDS, USED BY MEMBERS IN ASSOCIATION WITH THE MILITARY AFFILIATE RADIO SYSTEM (MARS).

SINCE A MEMBER'S PROFESSIONAL BOOKS, PAPERS AND EQUIPMENT ARE EXPRESSLY INCLUDED IN THE DEFINITION OF HOUSEHOLD GOODS, IT IS OUR VIEW THAT THE WEIGHT OF THOSE ITEMS IN EXCESS OF THAT EXCLUDED UNDER THE PROVISIONS OF PARAGRAPH M8004 OF THE REGULATIONS IS CHARGEABLE AGAINST THE MEMBER'S AUTHORIZED WEIGHT ALLOWANCE FOR THE PURPOSE OF DETERMINING EXCESS WEIGHT. UNLESS THE TOTAL WEIGHT SHIPPED OR STORED EXCEEDS THE AUTHORIZED WEIGHT ALLOWANCE PLUS THE WEIGHT OF PROFESSIONAL BOOKS, PAPERS AND EQUIPMENT AND NOT TO EXCEED AN ADDITIONAL 3,000 POUNDS OF MARS EQUIPMENT WHEN THAT EQUIPMENT IS INVOLVED, THERE IS NO EXCESS WEIGHT CHARGEABLE.

THE LAW AND REGULATIONS (PARAGRAPH M8260 OF THE JOINT TRAVEL REGULATIONS) HAVE BEEN APPLIED AS AUTHORIZING FOR MEMBERS ENTITLED TO SELECT A HOME UPON RETIREMENT, STORAGE OF THEIR GOODS AND EFFECTS FOR NOT TO EXCEED ONE YEAR AND TO SHIPMENT OF THE SAME GOODS AND EFFECTS TO THE HOME OF SELECTION OR TO SOME OTHER PLACE AT A COST NOT TO EXCEED THE COST OF SHIPMENT TO HOME OF SELECTION. THESE STORAGE AND SHIPMENT ENTITLEMENTS ARE INDEPENDENT OF EACH OTHER. HENCE, YOUR STORAGE AND SHIPPING ENTITLEMENTS ARE FOR DETERMINATION SEPARATELY.

WITH REGARD TO YOUR NONTEMPORARY STORAGE ENTITLEMENT, THE COPIES OF THE WEIGHT CERTIFICATES IN THE FILE SHOW THAT 8,490 POUNDS OF HOUSEHOLD GOODS, 5,770 POUNDS OF MARS EQUIPMENT AND 2,580 POUNDS OF PROFESSIONAL EQUIPMENT WERE PLACED IN STORAGE. YOU URGE THAT THE PROFESSIONAL EQUIPMENT AND MARS EQUIPMENT WERE IMPROPERLY DESIGNATED. SINCE, HOWEVER, THE TOTAL CERTIFIED WEIGHT OF THE GOODS STORED, 16,840 POUNDS, IS LESS THAN THE TOTAL WEIGHT OF 17,130 POUNDS WHICH YOU WERE AUTHORIZED TO STORE AT GOVERNMENT EXPENSE (11,550 POUNDS AUTHORIZED ALLOWANCE PLUS 2,580 POUNDS OF PROFESSIONAL EQUIPMENT AND 3,000 POUNDS OF MARS EQUIPMENT), YOU ARE NOT CHARGEABLE WITH ANY EXCESS WEIGHT INCIDENT TO THE STORAGE, AND THE IMPROPER DESIGNATION, IF MADE, IS IMMATERIAL. YOU ARE ENTITLED TO REIMBURSEMENT FOR THE $200.83 PAID BY YOU INCIDENT TO THE STORAGE OF YOUR EFFECTS.

AS TO YOUR HOME OF SELECTION SHIPMENT ENTITLEMENT, YOU WERE AUTHORIZED TO SHIP 11,550 POUNDS OF HOUSEHOLD GOODS, 3,000 POUNDS OF MARS EQUIPMENT AND YOUR PROFESSIONAL BOOKS, PAPERS AND EQUIPMENT AT GOVERNMENT EXPENSE. SINCE YOU HAD SHIPPED 1,360 POUNDS OF HOUSEHOLD GOODS FROM YOUR LAST STATION TO HAWAII, YOUR AUTHORIZED WEIGHT ALLOWANCE AT THE TIME OF THE SHIPMENT FROM STORAGE TO THOUSAND OAKS HAD BEEN REDUCED TO 10,190 POUNDS. A TOTAL NET WEIGHT OF 16,900 POUNDS WAS SHIPPED FROM STORAGE TO THOUSAND OAKS AT A COST TO THE GOVERNMENT OF $686.20. THE WEIGHT CERTIFICATES IN THE CASE OF THIS SHIPMENT SHOW THAT IT CONSISTED OF 9,660 POUNDS OF HOUSEHOLD GOODS, 3,200 POUNDS OF PROFESSIONAL EQUIPMENT, AND 4,040 POUNDS OF MARS EQUIPMENT. SINCE YOU WERE AUTHORIZED TO SHIP FROM STORAGE AT GOVERNMENT EXPENSE A TOTAL WEIGHT OF 16,390 POUNDS (10,190 POUNDS OF HOUSEHOLD GOODS, 3,200 POUNDS OF PROFESSIONAL EQUIPMENT AND 3,000 POUNDS OF MARS EQUIPMENT), THE TOTAL WEIGHT SHIPPED FROM STORAGE, 16,900 POUNDS, EXCEEDS YOUR AUTHORIZED SHIPPING ALLOWANCE BY 510 POUNDS AND YOU ARE CHARGEABLE WITH THE SHIPPING COSTS ALLOCABLE TO THAT 510 POUNDS.

CONCERNING YOUR CONTENTION THAT 1,000 POUNDS OF PROFESSIONAL EQUIPMENT WAS INCLUDED IN THE SHIPMENT TO HAWAII, AN EXAMINATION OF SHIPPING DOCUMENTS DOES NOT SHOW THAT ANY OF THE GOODS WERE DESIGNATED AS PROFESSIONAL EQUIPMENT AND THE ADMINISTRATIVE TRANSPORTATION AUTHORITIES HAVE TREATED THE SHIPMENT AS CONSISTING OF HOUSEHOLD GOODS. IN SUCH CIRCUMSTANCES AND SINCE THE WEIGHT CERTIFICATE APPLICABLE TO THAT SHIPMENT LISTS ONLY HOUSEHOLD GOODS WE MAY NOT ACCEPT YOUR CONTENTION.

PRORATING THE EXCESS WEIGHT OF 510 POUNDS TO THE TOTAL WEIGHT OF THE SHIPMENT TO THOUSAND OAKS, 16,900 POUNDS, IN ACCORDANCE WITH THE FORMULA PRESCRIBED IN PARAGRAPH M8007, JOINT TRAVEL REGULATIONS, FOR DETERMINATION OF EXCESS COSTS (510/16,900 X $686.20) THERE IS DUE THE GOVERNMENT THE SUM OF $20.70 ON ACCOUNT OF THE EXCESS WEIGHT ON THAT SHIPMENT. APPLYING THE SUM OF $20.70 DUE THE GOVERNMENT FOR THE EXCESS SHIPPING COSTS AGAINST THE AMOUNT OF $200.83 DUE YOU AS REIMBURSEMENT FOR THE STORAGE CHARGES, RESULTS IN A BALANCE OF $180.13 DUE YOU AND A SETTLEMENT IN THAT AMOUNT WILL ISSUE IN YOUR FAVOR IN DUE COURSE.

THE CANCELLED CHECKS SUBMITTED IN SUPPORT OF YOUR CLAIM ARE RETURNED FOR YOUR RECORDS.