B-128073, JUN. 21, 1956

B-128073, JUN. 21, 1956

TO COLONEL DAVID B. LANCASTER, USAF:

YOUR LETTER OF MAY 28, 1956, REQUESTS REVIEW OF OUR SETTLEMENT DATED FEBRUARY 17, 1955, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF EXCESS TRANSPORTATION CHARGES WHICH WERE INCURRED BY THE GOVERNMENT IN THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS INCIDENT TO PERMANENT CHANGE OF STATION ORDERS DATED APRIL 7, 1952.

BY PARAGRAPH 9, SPECIAL ORDERS NO. 69, DATED APRIL 7, 1952, YOU WERE RELIEVED FROM ASSIGNMENT WITH THE 4700TH AIR BASE GROUP, STEWARD AIR FORCE BASE, NEWBURGH, NEW YORK, AND ASSIGNED TO THE 1704TH AERL POR SQ, TRAVIS AIR FORCE BASE, CALIFORNIA. YOU WERE TO REPORT NOT LATER THAN APRIL 25, 1952, FOR FURTHER ASSIGNMENT TO HEADQUARTERS, FAR EAST AIR FORCE. THE RECORD SHOWS YOUR HOUSEHOLD EFFECTS WERE PICKED UP IN NEWBURGH, NEW YORK, ON APRIL 15, 1952, BY THE LOCAL TRANSPORTATION OFFICER. GOVERNMENT BILL OF LADING NO. AF-1222285 ISSUED JULY 17, 1952, SHOWS YOUR HOUSEHOLD EFFECTS WEIGHED 17,740 POUNDS AND WERE PICKED UP BY THE NEW YORK CENTRAL RAILWAY ON JULY 18, 1952. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT THE WEIGHT OF THE SHIPMENT EXCEEDED THE 9,000-POUND WEIGHT ALLOWANCE LIMITATION ESTABLISHED BY SECTION 632 OF THE DEPARTMENT OF DEFENSE APPROPRIATION ACT OF 1953. IN YOUR LETTER YOU SAY THAT THE CHARGE FOR EXCESS WEIGHT WAS ERRONEOUS SINCE YOUR AUTHORIZED WEIGHT ALLOWANCE AT THE TIME YOUR HOUSEHOLD EFFECTS WERE TURNED OVER TO THE TRANSPORTATION OFFICER IN NEWBURGH, NEW YORK, ON APRIL 15, 1952, WAS 11,000 POUNDS. IT APPEARS TO BE YOUR CONTENTION THAT THE APPROPRIATION LIMITATION DOES NOT APPLY TO SHIPMENTS WHICH WERE TURNED OVER TO THE GOVERNMENT PRIOR TO JULY 1, 1952. SECTION 632 OF THE DEPARTMENT OF DEFENSE APPROPRIATION ACT OF 1953, 66 STAT. 537, PROVIDES:

"NO PART OF ANY APPROPRIATION CONTAINED IN THIS ACT SHALL BE AVAILABLE FOR EXPENSE OF TRANSPORTATION, PACKING, CRATING, TEMPORARY STORAGE, DRAYAGE, AND UNPACKING OF HOUSEHOLD GOODS AND PERSONAL EFFECTS IN EXCESS OF AN AVERAGE OF FIVE THOUSAND POUNDS NET, SUCH AVERAGE TO BE BASED UPON THE TOTAL NUMBER OF SHIPMENTS AUTHORIZED FOR PERMANENT CHANGE OF STATION DURING THE PREVIOUS FISCAL YEAR BUT NOT EXCEEDING NINE THOUSAND POUNDS NET IN ANY ONE SHIPMENT.'

THE QUOTED PROVISION IS A LIMITATION ON THE USE OF FUNDS MADE AVAILABLE FOR PAYMENT FOR SHIPMENTS OF HOUSEHOLD EFFECTS MADE ON AND AFTER JULY 1, 1952. WHILE YOUR HOUSEHOLD EFFECTS WERE TURNED OVER TO THE TRANSPORTATION OFFICER ON APRIL 15, 1952, THEY WERE NOT ACTUALLY SHIPPED UNTIL AFTER JULY 1, 1952. THE COST OF THAT SHIPMENT PROPERLY WAS CHARGEABLE TO THE APPROPRIATION WHICH BECAME AVAILABLE ON JULY 1, 1952, AND, THEREFORE, THE LIMITATION IN THAT APPROPRIATION ACT WAS APPLICABLE TO THE SHIPMENT OF YOUR EFFECTS.

ACCORDINGLY, THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM AND THE SETTLEMENT OF FEBRUARY 17, 1955, WAS CORRECT AND IS SUSTAINED.