B-123837, DEC. 27, 1955
Highlights
THE MERITS OF YOUR CLAIM AND THE LEGAL PRINCIPLES APPLICABLE WERE FULLY CONSIDERED IN THE DECISION OF OCTOBER 11. IT WAS EXPLAINED IN THE DECISION THAT THE EXCESS COSTS WERE DETERMINED AS PROVIDED BY THE JOINT TRAVEL REGULATIONS. THESE ARE STATUTORY REGULATIONS ISSUED UNDER THE AUTHORITY OF SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949. SINCE THE METHOD OF WEIGHT COMPUTATIONS IS A PART OF THE REGULATIONS AND IS ONE OF THE "CONDITIONS AND LIMITATIONS" WHICH THE SECRETARIES ARE AUTHORIZED TO PRESCRIBE. IT IS A VALID REGULATION. THERE IS NO BASIS FOR MODIFICATION OF OUR PRIOR ACTION.
B-123837, DEC. 27, 1955
TO COMMANDER HARRY RANSOM, USNR:
YOUR LETTER OF NOVEMBER 21, 1955, REQUESTED RECONSIDERATION OF OUR DECISION DATED OCTOBER 11, 1955, B-123837, WHICH SUSTAINED OUR SETTLEMENT OF FEBRUARY 9, 1955, DISALLOWING YOUR CLAIM FOR REFUND OF $218.48 PAID BY YOU TO THE GOVERNMENT AS EXCESS COSTS FOR PACKING AND TRANSPORTING YOUR HOUSEHOLD EFFECTS INCIDENT TO ORDERS DATED JUNE 23, 1953.
THE MERITS OF YOUR CLAIM AND THE LEGAL PRINCIPLES APPLICABLE WERE FULLY CONSIDERED IN THE DECISION OF OCTOBER 11, 1955. IT WAS EXPLAINED IN THE DECISION THAT THE EXCESS COSTS WERE DETERMINED AS PROVIDED BY THE JOINT TRAVEL REGULATIONS. THESE ARE STATUTORY REGULATIONS ISSUED UNDER THE AUTHORITY OF SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, WHICH PROVIDES, AMONG OTHER THINGS, THAT "UNDER SUCH CONDITIONS AND LIMITATIONS * * * AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED" MEMBERS SHALL BE ENTITLED TO TRANSPORTATION OF BAGGAGE AND HOUSEHOLD EFFECTS TO AND FROM SUCH LOCATIONS AND WITHIN SUCH WEIGHT ALLOWANCES AS MAY BE PRESCRIBED BY THE SECRETARIES. SINCE THE METHOD OF WEIGHT COMPUTATIONS IS A PART OF THE REGULATIONS AND IS ONE OF THE "CONDITIONS AND LIMITATIONS" WHICH THE SECRETARIES ARE AUTHORIZED TO PRESCRIBE, IT IS A VALID REGULATION, HAVING THE FORCE AND EFFECT OF LAW, AND MUST BE APPLIED AS PRESCRIBED. SINCE YOUR LETTER OF NOVEMBER 21, 1955, PRESENTS NOTHING ADDITIONAL FOR CONSIDERATION, THERE IS NO BASIS FOR MODIFICATION OF OUR PRIOR ACTION.