B-176516, DEC 13, 1972

B-176516, DEC 13, 1972

MILITARY PERSONNEL - HOUSEHOLD GOODS SHIPMENT - PRORATED EXPENSES - ALLOWABLE WEIGHT - MILEAGE ALLOWANCE DECISION ALLOWING IN PART THE CLAIM OF ERVIN D. HARPOLE, FOR THE COST OF MOVING HIS HOUSEHOLD GOODS INCIDENT TO HIS RETIREMENT FROM THE U.S. ARMY. WHERE A SPECIFIED TRANSPORTATION EXPENSE, SUCH AS PACKING, IS USED EXCLUSIVELY FOR THE ALLOWABLE WEIGHT OF HOUSEHOLD GOODS, THEN JTR, PARAGRAPH M8007-2 SHOULD NOT BE APPLIED TO PRORATE THIS SPECIFIED EXPENSE EVEN IF GOODS IN EXCESS OF THIS ALLOWABLE WEIGHT ARE ALSO SHIPPED. THE REASON FOR THIS IS ONLY THOSE EXPENSES WHICH CANNOT BE ASSOCIATED WITH EITHER THE ALLOWABLE GOODS OR THE EXCESS GOODS, FOR EXAMPLE, STATE TAXES, GAS AND TOLLS, SHOULD BE BORNE PROPORTIONATELY BY ALL OF THE MEMBER'S POSSESSIONS SHIPPED. ALSO, A MEMBER WHO IS RETIRED FOR PHYSICAL DISABILITY IS AUTHORIZED MILEAGE ALLOWANCE TO HIS SELECTED HOME, WHICH IS SEPARATE AND DISTINCT FROM THE ALLOWANCE FOR TRANSPORTATION OF HOUSEHOLD GOODS.

TO MSGT. ERVIN D. HARPOLE:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 12, 1972, FORWARDED HERE BY MR. GORSETH'S LETTER OF JUNE 20, 1972, WHERE YOU IN EFFECT REQUEST RECONSIDERATION OF THE DENIAL BY THE TRANSPORTATION AND CLAIMS DIVISION OF FULL REIMBURSEMENT FOR THE CLAIMED COST OF MOVING YOUR HOUSEHOLD GOODS INCIDENT TO YOUR RETIREMENT FROM THE U.S. ARMY.

SPECIAL ORDERS NUMBER 190, DEPARTMENT OF THE ARMY, WASHINGTON, D. C. 20315, SEPTEMBER 30, 1970, BY REASON OF PHYSICAL DISABILITY PLACED YOU ON THE RETIRED LIST EFFECTIVE OCTOBER 15, 1970, IN THE GRADE OF MASTER SERGEANT (E-8) AND RELIEVED YOU OF YOUR ASSIGNMENT AT FORT BRAGG, NORTH CAROLINA.

BY LETTER OF JANUARY 28, 1970, TO THE CHIEF, TRANSPORTATION OFFICE, FORT BENJAMIN HARRISON, INDIANAPOLIS, INDIANA 46216, YOU REQUESTED PERMISSION TO MOVE YOUR HOUSEHOLD GOODS, INCLUDING GOODS IN EXCESS OF THE WEIGHT AUTHORIZED FOR YOUR GRADE, AND YOU REQUESTED REIMBURSEMENT AT THE STANDARD HAULING RATES. IN REPLY, YOU WERE INSTRUCTED TO SUBMIT YOUR REQUEST TO THE TRANSPORTATION OFFICER HAVING JURISDICTION OVER THE AREA FROM WHICH THE GOODS WERE TO BE SHIPPED.

YOU HAVE SAID THAT YOU CONTACTED THE TRANSPORTATION OFFICER AT FORT BRAGG, MR. SWEAT, AND WERE TOLD THAT YOU WOULD NOT BE PAID STANDARD HAULING RATES, BUT THAT YOU WOULD BE REIMBURSED ALL EXPENSES INCURRED IN MOVING YOUR HOUSEHOLD GOODS. ALSO YOU SAY THAT YOU WERE INFORMED THAT THE COST OF COMMERCIAL TRANSPORTATION OF YOUR AUTHORIZED WEIGHT OF HOUSEHOLD GOODS (9,000 POUNDS) FROM THE FORT BRAGG AREA TO THE STATE OF WASHINGTON, WAS APPROXIMATELY $1,700. ADDITIONALLY, YOU SAY YOU TRANSPORTED YOUR HOUSEHOLD GOODS IN YOUR OWN TRUCK, THAT HEAVY WELDING EQUIPMENT AND TWO QUARTER HORSES WERE CARRIED IN AN 8' X 20' TRAILER, AND THAT PRIOR TO DEPARTURE YOU TOOK YOUR LOADED TRUCK TO FORT BRAGG FOR INSPECTION, BUT THAT MR. SWEAT DID NOT WISH TO INSPECT IT.

YOU MADE CLAIM FOR $832.81 ($832.91) FOR MOVING YOUR HOUSEHOLD GOODS TOTALING 9,000 POUNDS PLUS PACKING, FROM FAYETTEVILLE, NORTH CAROLINA, TO TROY, IDAHO, WHICH APPARENTLY WAS YOUR HOME OF SELECTION UPON RETIREMENT. THIS AMOUNT INCLUDED $361.25 FOR PACKING AND LOADING, $15.25 STATE TAXES, $451.61 FOR GAS AND $4.80 IN TOLLS, FOR WHICH YOU SUPPLIED RECEIPTS.

OUR TRANSPORTATION AND CLAIMS DIVISION COMPUTED THE GAS COST TO BE $452.36, AND ALL YOUR EXPENSES TO TOTAL $833.41 (THE CORRECT TOTAL IS $833.66). THE PRO RATA SHARE OF EXPENSES ATTRIBUTED TO YOUR AUTHORIZED WEIGHT ALLOWANCE OF 9,000 POUNDS OF THE ENTIRE SHIPMENT WHICH WEIGHED 21,080 POUNDS (9,000/21,080 X $833.41) WAS $355.82, LESS $166.26, THE MILEAGE ALLOWANCE FOR YOUR PERSONAL TRAVEL WHICH YOU PREVIOUSLY RECEIVED, AND YOU WERE PAID THE DIFFERENCE, $189.56, BY VOUCHER DATED JUNE 1, 1972.

IN YOUR LETTER YOU EXPRESS THE OPINION THAT YOU SHOULD BE PAID ALL CLAIMED EXPENSES, AS THE COST TO THE GOVERNMENT FOR THE SHIPMENT OF YOUR AUTHORIZED ALLOWANCE OF HOUSEHOLD GOODS WOULD HAVE BEEN APPROXIMATELY $1,700. YOU SAY THAT YOUR AUTHORIZED ALLOWANCE WAS 9,000 POUNDS PLUS 10 PERCENT PACKING FOR A TOTAL ALLOWANCE OF 9,900 POUNDS, AND THAT SUCH AMOUNT WAS PACKED IN YOUR TRUCK WHICH REQUIRED ALL OF THE PACKING INCLUDED IN THE $361.25 CHARGE, AND THAT NO PACKING WAS USED IN CONNECTION WITH THE TRANSPORTATION OF TOOLS, WELDING RODS, A WELDER, AND OTHER HEAVY EQUIPMENT, OR FOR TWO HORSES, SUCH POSSESSIONS HAVING BEEN PLACED IN A LARGE TRAILER AND TOWED BY YOUR TRUCK.

PARAGRAPH M8260-1, OF THE JOINT TRAVEL REGULATIONS PROVIDES IN PERTINENT PART THAT A MEMBER ON ACTIVE DUTY IS ENTITLED TO SHIPMENT OF HIS HOUSEHOLD GOODS FROM HIS LAST PERMANENT DUTY STATION TO THE HOME SELECTED BY THE MEMBER FOR THE PURPOSE OF RECEIVING TRAVEL ALLOWANCES FOR HIS TRAVEL, WHEN HE IS RETIRED FOR PHYSICAL DISABILITY.

THE REGULATIONS WHICH GOVERN REIMBURSEMENT TO A MEMBER WHO PERSONALLY ARRANGES FOR THE SHIPMENT OF HIS HOUSEHOLD GOODS ARE CONTAINED IN PARAGRAPH M8500 OF THE JOINT TRAVEL REGULATIONS, PROMULGATED UNDER THE AUTHORITY OF 37 U.S.C. 406. THOSE REGULATIONS PROVIDE THAT WHEN SUCH ARRANGEMENT IS MADE BECAUSE A SHIPPING OR TRANSPORTATION OFFICER IS NOT AVAILABLE OR BECAUSE THE MEMBER IS INSTRUCTED BY SUCH OFFICER TO MAKE SHIPMENT AT PERSONAL EXPENSE, HE IS ENTITLED TO REIMBURSEMENT OF THE ACTUAL COST OF SUCH SHIPMENT. THEY FURTHER PROVIDE THAT IN ALL OTHER CASES A MEMBER WHO ARRANGES FOR THE SHIPMENT OF HIS HOUSEHOLD GOODS AT PERSONAL EXPENSE IS ENTITLED TO REIMBURSEMENT OF SUCH COSTS NOT TO EXCEED THE COST WHICH WOULD HAVE BEEN INCURRED BY THE GOVERNMENT HAD THE SHIPMENT BEEN MADE BY A SHIPPING OR TRANSPORTATION OFFICER.

PARAGRAPH M8007-2 OF THE REGULATIONS STATES THAT THE MEMBER WILL BEAR ALL TRANSPORTATION COSTS FOR WEIGHTS IN EXCESS OF THE PRESCRIBED MAXIMUM ALLOWANCE. IN DETERMINING THE COST ATTRIBUTABLE TO THE EXCESS WEIGHT, THE TOTAL COST OF TRANSPORTATION, LESS THE COST OF TRANSPORTING UNAUTHORIZED ARTICLES SHALL BE PRORATED ON THE BASIS THAT THE MEMBER BEARS THE PORTION THEREOF THAT THE EXCESS NET WEIGHT BEARS TO THE TOTAL NET WEIGHT TRANSPORTED; E.G., IF A MEMBER WITH A PRESCRIBED WEIGHT ALLOWANCE OF 7,500 POUNDS TRANSPORTS 8,000 POUNDS OF AUTHORIZED ARTICLES, EXCESS SHALL BE COMPUTED ON THE BASIS OF 500/8000 OF ALL COSTS OF TRANSPORTATION OF AUTHORIZED ARTICLES OF HOUSEHOLD GOODS.

PARAGRAPH M8003-1 OF THE REGULATIONS PRESCRIBES THE WEIGHT ALLOWANCES FOR MEMBERS OF THE UNIFORMED SERVICES. THE PERMANENT CHANGE OF STATION WEIGHT ALLOWANCE FOR ENLISTED PERSONNEL GRADE E-8, IS 9,000 POUNDS.

PARAGRAPH M8002-1 OF THE REGULATIONS PROVIDES THAT THE ALLOWANCES ARE INTENDED TO REPRESENT THE ACTUAL NET WEIGHTS OF HOUSEHOLD GOODS AUTHORIZED TO BE TRANSPORTED AT GOVERNMENT EXPENSE. WHENEVER PRACTICABLE, THE ACTUAL NET WEIGHT OF HOUSEHOLD GOODS WILL BE ESTABLISHED AND SUCH ACTUAL NET WEIGHT WILL BE USED IN DETERMINING WHETHER OR NOT THE MEMBER'S WEIGHT ALLOWANCE HAS BEEN EXCEEDED. WHEN THE ACTUAL NET WEIGHT OF UNPACKED AND UNCRATED HOUSEHOLD GOODS IS NOT KNOWN AND SHIPMENT IS MADE IN UNCRATED CONDITION BY MOTOR VAN OR FREIGHT FORWARDER THE NET WEIGHT OF THE HOUSEHOLD GOODS CHARGEABLE AGAINST THE MEMBER'S PRESCRIBED WEIGHT ALLOWANCE WILL BE DETERMINED BY SUBTRACTING 10 PERCENT FROM THE GROSS WEIGHT OF SUCH SHIPMENT.

YOU HAVE CERTIFIED THAT THE PACKING AND LOADING EXPENSE OF $361.25 WAS SOLELY FOR THE AUTHORIZED ALLOWANCE OF HOUSEHOLD GOODS, WHICH TOTALED 9,000 POUNDS PLUS THE WEIGHT OF PACKING MATERIALS. IN THE ABSENCE OF CONTRARY INDICATION FROM OFFICIAL SOURCES AND IN VIEW OF THE NATURE OF THE PROPERTY WHICH YOU TRANSPORTED, SUCH CERTIFICATE MAY BE CONSIDERED AS ESTABLISHING THAT THERE WAS NO PACKING OR LOADING OF UNAUTHORIZED PROPERTY INCLUDED IN THIS EXPENSE.

IN CIRCUMSTANCES WHERE A SPECIFIED TRANSPORTATION EXPENSE (SUCH AS PACKING) IS USED EXCLUSIVELY FOR THE ALLOWABLE WEIGHT OF HOUSEHOLD GOODS, WE DO NOT BELIEVE THAT PARAGRAPH M8007-2 OF THE JOINT TRAVEL REGULATIONS REQUIRES THAT ANY PART OF SUCH EXPENSE SHOULD BE ATTRIBUTED TO OTHER PROPERTY OF THE MEMBER WHICH ALSO IS BEING TRANSPORTED. IN OUR VIEW, ONLY THOSE EXPENSES WHICH CANNOT BE ASSOCIATED WITH EITHER THE ALLOWABLE AMOUNT OF HOUSEHOLD GOODS OR EXCESS HOUSEHOLD GOODS OR OTHER ITEMS, SHOULD BE BORNE PROPORTIONATELY BY ALL OF THE MEMBER'S POSSESSIONS.

CONSEQUENTLY, YOU MAY BE REIMBURSED FULLY FOR THE $361.25 COST OF PACKING THE ALLOWABLE AMOUNT OF YOUR HOUSEHOLD GOODS, AND THE COST SHARING FORMULA PRESCRIBED IN PARAGRAPH M8007-2 IS LIMITED IN APPLICATION TO $472.41, THE TOTAL COST OF STATE TAXES, GAS, AND TOLL CHARGES. SINCE IN ACCORD WITH PARAGRAPH M8002-1 OF THE REGULATIONS YOU ARE ENTITLED TO DEDUCT 10 PERCENT FROM THE PACKED WEIGHT OF YOUR HOUSEHOLD GOODS TO DETERMINE THE NET WEIGHT, AND YOU SAY THE PACKED WEIGHT WAS 9,900 POUNDS, YOU WERE ENTITLED TO GOVERNMENT TRANSPORTATION FOR SUCH GOODS. AS THE TOTAL WEIGHT OF YOUR SHIPMENT WAS 21,080 POUNDS, THE AMOUNT OF EXCESS TRANSPORTATION COST IS DETERMINED ON THE BASIS OF 11,180 (21,080 - 9,900) /21,080 MULTIPLIED BY $472.41 WHICH IS $250.38. THEREFORE, YOUR ENTITLEMENT TO REIMBURSEMENT FOR THESE EXPENSES IS LIMITED TO $222.03 ($472.41 - $250.38). SEE DECISION B 154965, APRIL 12, 1965, COPY ENCLOSED.

THE JOINT TRAVEL REGULATIONS PROVIDE (PAR. M4158-1) THAT A MEMBER ON ACTIVE DUTY WHO IS RETIRED FOR PHYSICAL DISABILITY MAY SELECT HIS HOME AND BE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES THERETO. YOU WERE AUTHORIZED PAYMENT OF A MILEAGE ALLOWANCE OF $166.26 FOR YOUR PERSONAL TRANSPORTATION. AS THIS ALLOWANCE IS SEPARATE AND DISTINCT FROM ALLOWANCE FOR THE TRANSPORTATION OF HOUSEHOLD GOODS, IT PROPERLY MAY NOT BE DEDUCTED FROM HOUSEHOLD GOODS SHIPPING ALLOWANCE, EVEN WHERE THE GOODS ARE TRANSPORTED IN THE MEMBER'S OWN VEHICLE.

THEREFORE, YOU ARE ENTITLED TO SHIPPING ALLOWANCE OF $583.28, WHICH INCLUDES $361.25 COST OF PACKING OF HOUSEHOLD GOODS, AND $222.03, THE PROPORTIONATE SHARE OF OTHER TRANSPORTATION EXPENSES FOR THE ALLOWABLE AMOUNT OF SUCH GOODS, LESS THE PRIOR PAYMENT OF $189.56. PAYMENT OF THE AMOUNT DUE, $393.72 FOR MOVING YOUR HOUSEHOLD EFFECTS PLUS $166.26 MILEAGE OR A TOTAL OF $559.98 WILL ISSUE IN DUE COURSE.

WHILE THE TOTAL COST TO THE GOVERNMENT OF THE SHIPMENT OF THE ALLOWABLE AMOUNT OF YOUR HOUSEHOLD POSSESSIONS APPEARS TO BE LESS THAN THE COST OF SHIPMENT BY COMMON CARRIER AT GOVERNMENT EXPENSE, YOUR ENTITLEMENT TO REIMBURSEMENT IS LIMITED TO THAT PROVIDED IN THE JOINT TRAVEL REGULATIONS, AND MAY NOT INCLUDE REIMBURSEMENT FOR THE TRANSPORTATION OF OTHER GOODS. ADDITIONALLY, IT SHOULD BE REMEMBERED THAT YOU CHOSE TO HAUL THE GOODS IN YOUR OWN VEHICLE, BECAUSE IT SERVED YOUR PERSONAL NEEDS, AND NOT BECAUSE OF GOVERNMENT NECESSITY. SEE DECISION B-154965, SUPRA. ..END :