B-143982, JAN. 17, 1961
Highlights
BLOOMFIELD WAS AUTHORIZED TO TRANSPORT HIS DEPENDENTS AND 8. THROUGH MISUNDERSTANDING ALL OF HIS HOUSEHOLD EFFECTS WERE CRATED AND PACKED. FOR SEVERAL MONTHS CORRESPONDENCE WAS CARRIED ON BETWEEN MR. BEFORE THE EFFECTS TO BE SHIPPED WERE SEGREGATED MR. BLOOMFIELD'S RIGHT TO SHIP HOUSEHOLD EFFECTS WAS CUT OFF BY ARMY CIVILIAN PAY REGULATION T 3.5-6F. WHICH REGULATION FORBIDS THE SHIPMENT OF HOUSEHOLD EFFECTS FOR EMPLOYEES WHO HAVE LESS THAN ONE YEAR REMAINING UNDER THEIR OVERSEAS TRANSPORTATION AGREEMENT. IT IS CLEAR FROM THE LETTERS AND OTHER DOCUMENTS SUBMITTED BY MR. BLOOMFIELD'S HOUSEHOLD EFFECTS UP TO THE AUTHORIZED WEIGHT LIMITATION WAS PROPER. WE NOTE THAT REPAYMENT OF THE SUBJECT INDEBTEDNESS IS BEING SECURED BY COLLECTION FROM MR.
B-143982, JAN. 17, 1961
TO THE COLLECTIONS DIVISION, FINANCE CENTER, U.S. ARMY:
WE REFER TO THE CASE (80000858) OF JOHN G. BLOOMFIELD, 1600 BERKLEY LANE, BELLEVILLE, ILLINOIS, A FORMER EMPLOYEE OF THE DEPARTMENT OF THE ARMY, UPON WHOM DEMAND HAS BEEN MADE ADMINISTRATIVELY FOR PAYMENT BY HIM OF $1,151.85, THE COST OF PACKING AND CRATING HIS HOUSEHOLD EFFECTS FOR OVERSEAS SHIPMENT INCIDENT TO HIS TRANSFER FROM FORT SAM HOUSTON, TEXAS, TO TOKYO, JAPAN, IN JULY 1956. HE REQUESTED OUR CONSIDERATION OF THE INDEBTEDNESS.
MR. BLOOMFIELD WAS AUTHORIZED TO TRANSPORT HIS DEPENDENTS AND 8,750 POUNDS OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE IN CONNECTION WITH THE ABOVE-MENTIONED TRANSFER. THROUGH MISUNDERSTANDING ALL OF HIS HOUSEHOLD EFFECTS WERE CRATED AND PACKED--- GROSS WEIGHT 13,688 POUNDS -- INSTEAD OF ONLY ITEMS HAVING A GROSS WEIGHT OF 8,750 POUNDS. FOR SEVERAL MONTHS CORRESPONDENCE WAS CARRIED ON BETWEEN MR. BLOOMFIELD AND THE COMMANDING GENERAL, FOURTH ARMY, FORT SAM HOUSTON, IN AN ATTEMPT TO DETERMINE WHICH OF THE BOXES AND CRATES OF HOUSEHOLD EFFECTS COULD BE SHIPPED WITHIN THE MAXIMUM WEIGHT LIMITATION; HOWEVER, BEFORE THE EFFECTS TO BE SHIPPED WERE SEGREGATED MR. BLOOMFIELD'S RIGHT TO SHIP HOUSEHOLD EFFECTS WAS CUT OFF BY ARMY CIVILIAN PAY REGULATION T 3.5-6F, WHICH REGULATION FORBIDS THE SHIPMENT OF HOUSEHOLD EFFECTS FOR EMPLOYEES WHO HAVE LESS THAN ONE YEAR REMAINING UNDER THEIR OVERSEAS TRANSPORTATION AGREEMENT.
SECTION 18 OF EXECUTIVE ORDER NO. 9805 WHICH DEALS WITH OVERSEAS SHIPMENT OF EMPLOYEES' HOUSEHOLD EFFECTS PROVIDES:
"ALLOWANCES FOR PACKING, CRATING, UNPACKING, AND UNCRATING. THE ACTUAL COSTS OF PACKING, CRATING, UNPACKING, AND UNCRATING (NOT TO EXCEED THE AUTHORIZED WEIGHT) SHALL BE ALLOWED.'
THAT SECTION DOES NOT SPECIFICALLY REQUIRE THAT THE ACTUAL TRANSPORTATION OR STORAGE OF EFFECTS AT GOVERNMENT EXPENSE TAKE PLACE BEFORE PAYMENTS THEREUNDER MAY BE MADE.
IT IS CLEAR FROM THE LETTERS AND OTHER DOCUMENTS SUBMITTED BY MR. BLOOMFIELD AND FROM THE REPORT SUBMITTED BY THE COLLECTIONS DIVISION,FINANCE CENTER, U.S. ARMY, ON MAY 6, 1960, PURSUANT TO THE REQUEST OF OUR CLAIMS DIVISION, THAT MR. BLOOMFIELD INTENDED TO SHIP HIS HOUSEHOLD EFFECTS TO JAPAN BUT DID NOT ACCOMPLISH THAT PURPOSE BECAUSE OF THE CONFUSION RESULTING FROM THE PACKING AND CRATING OF ALL SUCH EFFECTS.
THEREFORE, PAYMENT BY THE GOVERNMENT OF THE COST OF PACKING AND CRATING MR. BLOOMFIELD'S HOUSEHOLD EFFECTS UP TO THE AUTHORIZED WEIGHT LIMITATION WAS PROPER, AND HIS INDEBTEDNESS SHOULD BE RECOMPUTED SO THAT THE CHARGE AGAINST HIM REPRESENTS ONLY THE PACKING AND CRATING CHARGE APPLICABLE TO EFFECTS IN EXCESS OF 8,750 POUNDS.
WE NOTE THAT REPAYMENT OF THE SUBJECT INDEBTEDNESS IS BEING SECURED BY COLLECTION FROM MR. BLOOMFIELD'S PRESENT COMPENSATION IN HIS POSITION AT SCOTT AIR FORCE BASE, ILLINOIS.
WE SHOULD APPRECIATE YOUR INFORMING US OF THE ACTION TAKEN PURSUANT TO THIS LETTER.