B-123406, AUG. 1, 1955

B-123406, AUG. 1, 1955

TO MR. BERNARD E. DRINMER:

YOUR LETTER OF FEBRUARY 9, 1955, ACKNOWLEDGED MARCH 15, REQUESTS REVIEW OF OUR SETTLEMENT DATED JANUARY 12, 1955, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF $84.50 COLLECTED FROM YOU AS EXCESS COSTS INCURRED FOR PREPARING (PACKING AND CRATING) YOUR HOUSEHOLD EFFECTS FOR SHIPMENT FROM WASHINGTON, D.C., TO BRUSSELS, BELGIUM, PURSUANT TO AUTHORIZATION BY THE DEPARTMENT OF THE NAVY DATED SEPTEMBER 26, 1953.

THE RECORD DISCLOSES THAT ON SEPTEMBER 14, 1953, YOU SIGNED AN AGREEMENT WITH THE DEPARTMENT OF THE NAVY FOR TWO YEARS OF CIVILIAN DUTY OUTSIDE THE UNITED STATES. YOU WERE APPOINTED TO THE POSITION OF ORDNANCE ENGINEER AND YOUR FIRST PERMANENT ASSIGNMENT WAS WITH THE NAVY PURCHASING OFFICE AT BRUSSELS, BELGIUM. PARAGRAPH 4 OF THE AGREEMENT WHICH YOU EXECUTED SPECIFICALLY PROVIDED FOR THE TRANSPORTATION OF HOUSEHOLD GOODS AND PERSONAL EFFECTS (NOT TO EXCEED THE MAXIMUM PRESCRIBED WEIGHT ALLOWANCE) TO YOUR NEW PERMANENT STATION IN ACCORDANCE WITH THE PROVISIONS OF THE ACT OF AUGUST 2, 1946, 60 STAT. 806, AS AMENDED. YOUR EFFECTS WEIGHING 10,436 POUNDS (GROSS) WERE PACKED AND CRATED FOR SHIPMENT ABROAD AT THE NAVAL GUN FACTORY, WASHINGTON, D.C. SINCE THE EFFECTS WEIGHED 1,686 POUNDS IN EXCESS OF THE AUTHORIZED MAXIMUM WEIGHT ALLOWANCE OF 8,750 POUNDS, YOU WERE ASSESSED $84.50 FOR THE COST OF PACKING AND CRATING THE EXCESS WEIGHT.

ALTHOUGH YOU DO NOT IMPLY THAT EXCESSIVE OR UNAUTHORIZED PACKING AND CRATING MATERIALS WERE USED IN PREPARING YOUR EFFECTS FOR MOVEMENT OVERSEAS, YOU EXPRESS THE VIEW THAT INASMUCH AS YOUR EFFECTS WEIGHED ONLY 5,286 POUNDS (NET) YOU SHOULD BE REFUNDED THE SUM HERETOFORE ADMINISTRATIVELY COLLECTED SINCE THE REQUIREMENTS OF THE REGULATIONS OF THE NAVY DEPARTMENT RELATING TO PACKING ARE INCONSISTENT WITH THE WEIGHT ALLOWANCES PRESCRIBED BY EXECUTIVE ORDER NO. 9805, AS AMENDED.

FOR YOUR INFORMATION THE RECORDS BEFORE OUR OFFICE SHOW THAT THE PORTION OF YOUR HOUSEHOLD EFFECTS SHIPPED IN THE THREE LARGE SHIPPING BOXES WEIGHED 6,375 POUNDS NET AND 8,835 POUNDS GROSS. IN ADDITION, THERE WERE SEVEN SMALL BOXES AND SEVEN BARRELS WEIGHING 1,412 POUNDS GROSS (NET WEIGHT NOT SHOWN), PLUS ONE CRATE WEIGHING 189 POUNDS GROSS.

SECTION 17 OF EXECUTIVE ORDER NO. 9805, AS AMENDED, SPECIFICALLY PROVIDES THAT EMPLOYEES HAVING IMMEDIATE FAMILIES SHALL BE ENTITLED TO A WEIGHT ALLOWANCE OF 8,750 POUNDS FOR SHIPMENT OF HOUSEHOLD EFFECTS OUTSIDE THE UNITED STATES WHICH REQUIRE PACKING AND CRATING. MOREOVER, SECTION 18 OF THE EXECUTIVE ORDER STATES THAT "THE ACTUAL COSTS OF PACKING, CRATING, UNPACKING, AND UNCRATING (NOT TO EXCEED THE AUTHORIZED WEIGHT) SHALL BE ALLOWED.'

IT MAY BE STATED THAT THE PROVISIONS OF THE ACT OF AUGUST 2, 1946, AS AMENDED, AND THE EXECUTIVE ORDER ISSUED PURSUANT THERETO, TAKE PRECEDENCE OVER ANY ADMINISTRATIVE REGULATION REGARDING THE METHODS TO BE USED IN PACKING AND CRATING. IT IS APPARENT FROM THE RECORD THAT THE NAVY DEPARTMENT IS AWARE THAT IN PACKING AND CRATING HOUSEHOLD GOODS FOR SHIPMENT OVERSEAS THE MATERIALS USED IN ORDER TO PROTECT THE PROPERTY FROM DAMAGE MAY CAUSE THE GROSS WEIGHT OF THE GOODS TO EXCEED THE AUTHORIZED WEIGHT ALLOWANCE. HOWEVER, THERE IS NO PROVISION IN THE PRESENT LAW OR REGULATION WHEREBY AN EMPLOYEE CAN BE RELIEVED OF THE COST RESULTING FROM SUCH EXCESS WEIGHT WHETHER IT BE OCCASIONED BY THE ACTION OF A PRIVATE CONTRACTOR OR THE ADMINISTRATIVE AGENCY INVOLVED. IT IS UNDERSTOOD THE DEPARTMENT OF THE NAVY IS CONSIDERING OBTAINING AMENDMENTS TO THE LAW OR THE REGULATIONS TO ALLEVIATE THE SITUATION.

BY REASON OF THE SPECIFIC PROVISIONS OF THE LAW AND THE EXECUTIVE ORDER, REFERRED TO ABOVE, OUR OFFICE HAS NO ALTERNATIVE BUT TO DENY PAYMENT OF YOUR CLAIM. ACCORDINGLY, THE SETTLEMENT OF JANUARY 12, 1955, IS SUSTAINED.

IN ADDITION, IT NOW HAS BEEN ADMINISTRATIVELY REPORTED THAT THE SHIPMENT OF YOUR EFFECTS FROM WASHINGTON, D.C., TO BAYONNE, NEW JERSEY, FOR TRANSSHIPMENT ABROAD WAS MADE ON GOVERNMENT BILL OF LADING NO. N-31350978 AT A GOVERNMENT COST OF $124.80. YOUR PROPORTIONATE SHARE FOR SHIPPING THE EXCESS WEIGHT WHEN PROPERLY COMPUTED IS $20,16, OR 1,686/10,436 OF $124.80. IN ORDER TO LIQUIDATE YOUR INDEBTEDNESS FOR EXCESS TRANSPORTATION CHARGES, YOU SHOULD REMIT TO THIS OFFICE BY CHECK, DRAFT OR POSTAL MONEY ORDER THE ADDITIONAL SUM OF $20.16 MADE PAYABLE TO THE "U.S. GENERAL ACCOUNTING OFFICE" AND FORWARDED TO THE FOLLOWING ADDRESS:

U.S. GENERAL ACCOUNTING OFFICE

(RE: CL. NO. CB-Z-1551946-BAH)

P.O. BOX 2610 ..END :