B-162530, DEC. 28, 1967
Highlights
USAF: FURTHER REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 18. THE SHIPMENTS WERE MADE IN MARCH 1966. 000 POUNDS YOU WERE CHARGED WITH EXCESS SHIPPING COST OF $1. YOU WERE ADVISED THAT PARAGRAPH M8004 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT A MEMBER MAY SHIP PROFESSIONAL BOOKS. YOU WERE FURTHER ADVISED THAT PARAGRAPH 5103 (6). RICHARDS-GEBAUR AIR FORCE BASE NOR DO SHIPPING DOCUMENTS REFLECT THAT SUCH ITEMS WERE SHIPPED. THAT PROFESSIONAL ITEMS WERE INCLUDED AND SINCE THE DIRECTORATE OF TRANSPORTATION. DETERMINED THAT THE SHIPMENT INCLUDED 240 POUNDS OF PROFESSIONAL ITEMS THE EXCESS COST WAS RECOMPUTED AND REDUCED TO $896.42. IT IS NOT CLEAR WHETHER THE 800 POUNDS OF PROFESSIONAL ITEMS WHICH YOU NOW CLAIM ARE THE SAME ITEMS WHICH YOU PREVIOUSLY CLAIMED AS 900 POUNDS.
B-162530, DEC. 28, 1967
TRANSPORTATION - HOUSEHOLD GOODS - EXCESS WEIGHT DECISION TO AIR FORCE OFFICER RE EXCESS COST FOR SHIPMENT OF EFFECTS - PROFESSIONAL BOOKS - FROM RICHARDS-GEBAUR AIR FORCE BASE, MO. AND ARLINGTON, VA. TO QUITO, ECUADOR, PREVIOUSLY CONSIDERED IN DECISION DATED 10/13/67. IN ABSENCE OF EVIDENCE OF PROFESSIONAL ITEMS INCLUDED IN SHIPMENT AND SINCE AIR FORCE DID NOT ACT FAVORABLY ON CONTENTION THAT SHIPMENT INCLUDED 900 POUNDS OF PROFESSIONAL ITEMS FURTHER ADJUSTMENT IN EXCESS COSTS MAY NOT BE AUTHORIZED.
TO COLONEL WILLIAM O. JONES, USAF:
FURTHER REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 18, 1967, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR RELIEF FROM PAYMENT OF EXCESS COST INCURRED IN SHIPPING YOUR HOUSEHOLD GOODS FROM RICHARDS GEBAUR AIR FORCE BASE, MISSOURI, AND ARLINGTON, VIRGINIA, TO QUITO, ECUADOR.
THE SHIPMENTS WERE MADE IN MARCH 1966, PURSUANT TO ORDERS DATED JANUARY 25, 1966, WHICH RELIEVED YOU FROM DUTY AT CHANUTE AIR FORCE BASE, ILLINOIS, WITH DUTY STATION AT FORT MYER, VIRGINIA, AND ASSIGNED YOU TO 5500 USAF FOREIGN MISSION SQUADRON, USAFSO, APO, NEW YORK, WITH PERMANENT DUTY STATION AT QUITO, ECUADOR. ON THE BASIS OF THOSE ORDERS YOU SHIPPED 4,659 POUNDS (NET WEIGHT) OF HOUSEHOLD EFFECTS FROM RICHARDS-GEBAUR AIR FORCE BASE AND MADE TWO SHIPMENTS WEIGHING 298 AND 7,552 POUNDS (NET WEIGHT) RESPECTIVELY FROM ARLINGTON, OR A TOTAL OF 12,509 POUNDS. SINCE THIS EXCEEDED YOUR AUTHORIZED WEIGHT ALLOWANCE OF 11,000 POUNDS YOU WERE CHARGED WITH EXCESS SHIPPING COST OF $1,056.02. IN YOUR LETTER OF SEPTEMBER 5, 1967, YOU SAID YOU SHOULD BE CREDITED WITH 900 POUNDS OF PROFESSIONAL BOOKS IN THE SHIPMENT FROM RICHARDS-GEBAUR AIR FORCE BASE AND 250 POUNDS IN THE SHIPMENT FROM ARLINGTON.
BY DECISION OF OCTOBER 13, 1967, B-162530, YOU WERE ADVISED THAT PARAGRAPH M8004 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT A MEMBER MAY SHIP PROFESSIONAL BOOKS, PAPERS AND EQUIPMENT REQUIRED IN PERFORMANCE OF DUTY UPON PERMANENT CHANGE OF STATION WITHOUT CHARGE AGAINST HIS WEIGHT ALLOWANCE WHEN PREPARED FOR SHIPMENT IN ACCORDANCE WITH REGULATIONS OF THE SERVICE CONCERNED. YOU WERE FURTHER ADVISED THAT PARAGRAPH 5103 (6), AIR FORCE MANUAL 75-4E, REQUIRES THE MEMBER TO DECLARE AND ITEMIZE HIS PROFESSIONAL BOOKS AND PAPERS WHEN APPLYING FOR SHIPMENT OF HOUSEHOLD EFFECTS AND PROVIDES THAT THE TRANSPORTATION OFFICER MUST VERIFY THE WEIGHT. RICHARDS-GEBAUR AIR FORCE BASE NOR DO SHIPPING DOCUMENTS REFLECT THAT SUCH ITEMS WERE SHIPPED. HOWEVER, SINCE YOU HAD INDICATED ON YOUR APPLICATION OF FEBRUARY 7, 1966, FOR SHIPMENT FROM ARLINGTON TO QUITO, THAT PROFESSIONAL ITEMS WERE INCLUDED AND SINCE THE DIRECTORATE OF TRANSPORTATION, AIR FORCE, DETERMINED THAT THE SHIPMENT INCLUDED 240 POUNDS OF PROFESSIONAL ITEMS THE EXCESS COST WAS RECOMPUTED AND REDUCED TO $896.42.
IN YOUR PRESENT LETTER YOU SAY THAT ITEM 9 OF YOUR APPLICATION FOR SHIPMENT FROM RICHARDS-GEBAUR AIR FORCE BASE (DD FORM 1299, DATED FEBRUARY 7, 1966) REFLECTS 800 POUNDS OF PROFESSIONAL BOOKS, PAPERS AND EQUIPMENT. ALSO, YOU SAY THAT CERTAIN LINE ITEMS IN AN INVENTORY DATED MAY 24, 1965, SHOW CARTONS OF BOOKS.
THE PAPERS FORWARDED HERE BY THE DIRECTORATE OF TRANSPORTATION, AIR FORCE, ON AUGUST 9, 1967, WITH YOUR CLAIM DO NOT INCLUDE YOUR APPLICATION FOR SHIPMENT FROM RICHARDS-GEBAUR AIR FORCE BASE (DD FORM 1299 DATED FEBRUARY 7, 1966), NOR DO COPIES OF CORRESPONDENCE FROM THAT OFFICE TO YOU REGARDING EXCESS WEIGHT IN THE SHIPMENT INDICATE ANY EVIDENCE WHATEVER OF PROFESSIONAL ITEMS IN THAT SHIPMENT. IT IS NOT CLEAR WHETHER THE 800 POUNDS OF PROFESSIONAL ITEMS WHICH YOU NOW CLAIM ARE THE SAME ITEMS WHICH YOU PREVIOUSLY CLAIMED AS 900 POUNDS. HOWEVER, THE AIR FORCE AUTHORITIES DID NOT ACT FAVORABLY ON YOUR CONTENTION THAT THE SHIPMENT INCLUDED 900 POUNDS OF PROFESSIONAL ITEMS AND, UNDER THE REGULATIONS, THE WEIGHT OF PROFESSIONAL ITEMS INCLUDED IN A PARTICULAR SHIPMENT IS A MATTER FOR DETERMINATION BY THE PROPER ADMINISTRATIVE AUTHORITIES. ON THE PRESENT RECORD, THEREFORE, THERE IS NO BASIS UPON WHICH WE MAY MAKE A FURTHER ADJUSTMENT IN THE EXCESS COST BY REASON OF INCLUSION OF PROFESSIONAL ITEMS IN THAT SHIPMENT.
IT IS NOTED THAT A COPY OF YOUR LETTER OF OCTOBER 18, 1967, WAS FORWARDED TO THE DIRECTORATE OF TRANSPORTATION, DEPARTMENT OF THE AIR FORCE, AND IF YOUR COPY OF THE APPLICATION FOR SHIPMENT FROM RICHARDS GEBAUR AIR FORCE BASE REFLECTS THE INCLUSION OF PROFESSIONAL ITEMS IN THE SHIPMENT IT IS SUGGESTED THAT YOU FORWARD IT TO THE DIRECTORATE OF TRANSPORTATION, AIR FORCE, FOR EVALUATION, RECOMMENDATION, AND FORWARDING TO THIS OFFICE. SHOULD THE AIR FORCE AUTHORITIES DETERMINE THAT YOU ARE ENTITLED TO A FURTHER ADJUSTMENT IN THE EXCESS WEIGHT BECAUSE OF ADDITIONAL PROFESSIONAL ITEMS YOUR CLAIM WILL BE GIVEN FURTHER CONSIDERATION.