B-168612, FEB. 5, 1970

B-168612: Feb 5, 1970

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MEALS AND LODGING BECAUSE OF IMPROPER MOVEMENT OF HOUSEHOLD EFFECTS AND LATE DELIVERY MUST HAVE SUCH CLAIM DENIED SINCE NEITHER THE LAW NOR REGULATIONS AUTHORIZES SUCH PAYMENTS. WITH RESPECT TO CLAIM FOR EXCESS TRANSPORTATION CHARGE WHICH WAS COLLECTED IN ADVANCE OF SHIPMENT BECAUSE OF EXCESS WEIGHT MEMBER IS ADVISED THAT PAYMENT WAS PROPER. SINCE THE EXCESS COST WAS NOT INCREASED BY THE RESHIPMENT AND GOVERNMENT PAID COSTS INCIDENT TO RESHIPMENT. THE ERROR WAS DISCOVERED AFTER YOU CONTACTED THE MARINE CORPS FREIGHT OFFICE IN SAN FRANCISCO WHICH LOCATED YOUR POSSESSIONS IN THE LONG BEACH. ADVISED THE UNIVERSAL WORLD WIDE MOVERS TO DIVERT THE SHIPMENT TO THE CORRECT DESTINATION AND INFORMED THE CARRIER THAT ALL ADDITIONAL CHARGES AND COSTS WERE CHARGEABLE TO THE APPROPRIATION SHOWN IN THE ORIGINAL BILL OF LADING.

B-168612, FEB. 5, 1970

MILITARY--TRANSPORTATION OF HOUSEHOLD EFFECTS DECISION SUSTAINING DISALLOWANCE OF CLAIM FOR EXPENSES FOR SHIPMENT OF HOUSEHOLD EFFECTS INCIDENT TO RELEASE FROM ACTIVE DUTY AS CAPTAIN, U.S. MARINE CORPS RESERVE. FORMER OFFICER WHO CLAIMS AMOUNT REPRESENTING RENT, TELEPHONE CALLS, MEALS AND LODGING BECAUSE OF IMPROPER MOVEMENT OF HOUSEHOLD EFFECTS AND LATE DELIVERY MUST HAVE SUCH CLAIM DENIED SINCE NEITHER THE LAW NOR REGULATIONS AUTHORIZES SUCH PAYMENTS. WITH RESPECT TO CLAIM FOR EXCESS TRANSPORTATION CHARGE WHICH WAS COLLECTED IN ADVANCE OF SHIPMENT BECAUSE OF EXCESS WEIGHT MEMBER IS ADVISED THAT PAYMENT WAS PROPER. SINCE THE EXCESS COST WAS NOT INCREASED BY THE RESHIPMENT AND GOVERNMENT PAID COSTS INCIDENT TO RESHIPMENT, REFUND MAY NOT BE AUTHORIZED.

TO MR. HAROLD J. ZAMORA:

YOUR LETTER OF NOVEMBER 20, 1969, REQUESTS REVIEW OF SETTLEMENT OF APRIL 4, 1969, WHICH DISALLOWED YOUR CLAIM FOR $615.05 REPRESENTING EXPENSES INCURRED INCIDENT TO THE SHIPMENT OF YOUR HOUSEHOLD GOODS FOLLOWING YOUR RELEASE FROM ACTIVE DUTY AS CAPTAIN, UNITED STATES MARINE CORPS RESERVE ON JUNE 1, 1968.

IT APPEARS THAT INCIDENT TO YOUR RELEASE FROM ACTIVE DUTY, YOU REQUESTED THAT YOUR HOUSEHOLD GOODS BE SHIPPED FROM PENSACOLA, FLORIDA, TO 445 VASQUEZ COURT, APARTMENT 3, SUNNYVALE, CALIFORNIA, AND THAT YOU PAID TOTAL EXCESS WEIGHT CHARGES OF $95.12, IN ADVANCE, AT THE PENSACOLA NAVAL AIR STATION. BECAUSE OF A TYPING ERROR THE GOVERNMENT BILL OF LADING SHOWED THE DESTINATION AS COSTA MESA, CALIFORNIA. THE ERROR WAS DISCOVERED AFTER YOU CONTACTED THE MARINE CORPS FREIGHT OFFICE IN SAN FRANCISCO WHICH LOCATED YOUR POSSESSIONS IN THE LONG BEACH, CALIFORNIA, AREA. BY LETTER DATED JULY 24, 1968, THE COMMANDING OFFICER, U. S. NAVAL SUPPLY CENTER, LONG BEACH, CALIFORNIA, ADVISED THE UNIVERSAL WORLD WIDE MOVERS TO DIVERT THE SHIPMENT TO THE CORRECT DESTINATION AND INFORMED THE CARRIER THAT ALL ADDITIONAL CHARGES AND COSTS WERE CHARGEABLE TO THE APPROPRIATION SHOWN IN THE ORIGINAL BILL OF LADING.

AFTER DELIVERY OF THE GOODS TO YOUR HOME AT SUNNYVALE, CALIFORNIA, YOU FILED A CLAIM WITH THE MARINE CORPS FOR ADDITIONAL EXPENSES INCURRED AS A RESULT OF THE IMPROPER MOVEMENT. THESE INCLUDED RENT OF $160 FOR AN UNFURNISHED APARTMENT FOR THE MONTH OF JULY 1968, TELEPHONE CALLS TOTALING $10.05, AND MEAL AND LODGING EXPENSES OF $450 FOR YOURSELF AND FAMILY. YOUR CLAIM FOR $615.05 (ACTUALLY TOTALING $620.05) WAS DISAPPROVED BY THE COMMANDANT OF THE MARINE CORPS ON THE BASIS THAT REIMBURSEMENT WAS PAYABLE ONLY FOR SHIPMENT OF HOUSEHOLD GOODS. THEREAFTER, YOU FILED CLAIM WITH THIS OFFICE WHICH WAS DISALLOWED BY SETTLEMENT OF APRIL 4, 1969.

IN YOUR PRESENT LETTER YOU SAY YOU PERSONALLY PAID FOR THE SHIPMENT OF YOUR HOUSEHOLD GOODS BETWEEN COSTA MESA, CALIFORNIA, AND SAN FRANCISCO, CALIFORNIA, AND THAT THIS EXPENSE WAS PAID IN ADVANCE OF SHIPMENT. YOU HAVE ENCLOSED A HOUSEHOLD GOODS SHIPPING FORM WHICH INDICATES THAT THE TOTAL EXCESS CHARGE WAS $95.12. YOU ARE OF THE OPINION THAT IF YOUR CLAIM FOR $615.05 MAY NOT BE PAID, THEN THE TRANSPORTATION CHARGE OF $95.12 SHOULD BE REFUNDED TO YOU.

SECTION 406 OF TITLE 37, U.S.C. PROVIDES FOR THE TRANSPORTATION (INCLUDING PACKING, CRATING, DRAYAGE, TEMPORARY STORAGE, AND UNPACKING) OF HOUSEHOLD EFFECTS OF MEMBERS OF THE UNIFORMED SERVICES IN CONNECTION WITH A CHANGE OF STATION, TO AND FROM SUCH LOCATIONS AND WITHIN SUCH WEIGHT ALLOWANCES AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED. SUCH WEIGHTS FOR THE VARIOUS RANKS AND GRADES ARE SET FORTH IN PARAGRAPH M8003. PARAGRAPH M8002-1 PROVIDES THE METHOD FOR ESTABLISHING THE NET WEIGHT WHEN THE ACTUAL NET WEIGHT OF UNPACKED AND UNCRATED HOUSEHOLD GOODS IS NOT KNOWN.

PARAGRAPH M8007-2 PROVIDES THAT THE GOVERNMENT'S MAXIMUM TRANSPORTATION OBLIGATION IS THE COST OF A THROUGH HOUSEHOLD GOODS MOVEMENT OF A MEMBER'S PRESCRIBED WEIGHT ALLOWANCE (PARAGRAPH M8003) IN ONE LOT BETWEEN AUTHORIZED PLACES AT A VALUATION EQUIVALENT TO THE LOWEST APPLICABLE RATE ESTABLISHED IN THE CARRIER'S TARIFFS. IT PROVIDES FURTHER THAT THE MEMBER WILL BEAR ALL TRANSPORTATION COSTS ARISING FROM SHIPMENT IN MORE THAN ONE LOT, FOR DISTANCE IN EXCESS OF THAT BETWEEN AUTHORIZED PLACES, AND FOR WEIGHTS IN EXCESS OF THE MAXIMUM ALLOWANCE PRESCRIBED IN PARAGRAPH M8003.

THE FOREGOING REGULATIONS PROPERLY REFLECT THE INTENT OF THE LAW AND CONTEMPLATE THE SHIPMENT AT GOVERNMENT EXPENSE OF HOUSEHOLD GOODS AS PACKED FOR SHIPMENT AT NOT TO EXCEED AN OVER-ALL WEIGHT ALLOWANCE OF NET WEIGHT PLUS AN ALLOWANCE FOR PACKING AND CRATING. WEIGHTS EXCEEDING THE MAXIMUM OVER-ALL WEIGHT ALLOWANCE ARE PROPERLY CHARGEABLE TO THE SHIPPER.

PARAGRAPH M8010 PROVIDES THAT UPON DISCHARGE, RESIGNATION, OR SEPARATION OF MEMBERS FROM ACTIVE DUTY WHO WILL NOT THEREAFTER BE IN A PAY STATUS OF THE UNIFORMED SERVICE CONCERNED, AND WHEN SPECIFICALLY AUTHORIZED BY REGULATIONS OF THE UNIFORMED SERVICE CONCERNED, SHIPMENTS WHICH WILL INVOLVE EXCESS COSTS MAY BE MADE PROVIDED SUCH EXCESS COSTS ARE COLLECTED IN CASH FROM THE MEMBER.

PARAGRAPH M8012 PROVIDES THAT WHEN HOUSEHOLD GOODS HAVE BEEN IMPROPERLY SHIPPED OR OTHERWISE UNAVOIDABLY SEPARATED FROM THE MEMBER, THROUGH NO FAULT OF HIS OWN, THEY MAY BE FORWARDED TO THE PROPER DESTINATION AT GOVERNMENT EXPENSE UPON APPROVAL OF THE UNIFORMED SERVICE CONCERNED.

THE LIABILITY OF THE GOVERNMENT IS LIMITED TO THAT PROVIDED BY THE LAW AND REGULATIONS. PARAGRAPH M8007-2 OF THE REGULATIONS SPECIFICALLY LIMITS THE GOVERNMENT'S OBLIGATION TO THE COST OF THE HOUSEHOLD GOODS MOVEMENT ITSELF.

WHILE THE RECORD SUPPORTS A CONCLUSION THAT YOU INCURRED ADDITIONAL LIVING EXPENSES AS A RESULT OF THE IMPROPER HANDLING OF YOUR HOUSEHOLD GOODS, THE LIABILITY OF THE GOVERNMENT IS LIMITED TO THAT PROVIDED BY THE LAW AND REGULATIONS. WE ARE NOT AWARE OF ANY PROVISION OF LAW OR REGULATION AUTHORIZING PAYMENT TO YOU OF ANY AMOUNT FOR EXPENSES INCURRED ON ACCOUNT OF THE LATE DELIVERY OF YOUR HOUSEHOLD GOODS. THEREFORE, YOUR CLAIM FOR RENT AND OTHER EXPENSES MUST BE DENIED.

WITH RESPECT TO YOUR CLAIM FOR THE EXCESS TRANSPORTATION CHARGE OF $95.12 WHICH WAS COLLECTED BY THE NAVY DEPARTMENT IN ADVANCE OF SHIPMENT IT APPEARS THAT YOU WERE PROPERLY CHARGED WITH THE EXCESS COST BECAUSE THE SHIPMENT OF YOUR EFFECTS EXCEEDED YOUR AUTHORIZED WEIGHT ALLOWANCE AND THE EXCESS COST WAS NOT INCREASED BY THE RESHIPMENT. ANY ADDITIONAL COSTS INCIDENT TO THE RESHIPMENT WERE PAID FOR BY THE GOVERNMENT.

ACCORDINGLY, THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM FOR THE EXCESS TRANSPORTATION CHARGES. THE SETTLEMENT OF APRIL 4, 1969, IS SUSTAINED.