B-137963, DEC 29, 1958

B-137963, DEC 29, 1958

PRECIS-UNAVAILABLE

MR. ELI J. KREISBERG:

YOUR LETTER OF NOVEMBER 5, 1958, REQUESTS RECONSIDERATION OF OUR SETTLEMENT OF SEPTEMBER 5, 1958, WHICH DISALLOWED YOUR CLAIM FOR PARTIAL REFUND OF AMOUNT PAID COVERING PACKING, CRATING, AND DELIVERY OF EXCESS WEIGHT OF HOUSEHOLD GOODS AND PERSONAL EFFECTS, AS A CIVILIAN EMPLOYEE OF THE NATIONAL SECURITY AGENCY, INCIDENT TO A PERMANENT CHANGE OF STATION.

THE ORDERS OF JUNE 11, 1957, AUTHORIZED YOU TO TRAVEL FROM FORT MEADE, MARYLAND, VIA WASHINGTON, D. C., TO CHELTENHAM, ENGLAND. YOUR DEPENDENTS WERE TO TRAVEL FROM SOUTH PLAINFIELD, NEW JERSEY. THE ORDERS ALSO AUTHORIZED TRANSPORTATION AT GOVERNMENT EXPENSE OF HOLD BAGGAGE, BY RAIL AND WATER CONSISTING OF PERSONAL EFFECTS, NOT TO EXCEED 350 POUNDS FOR EACH ADULT AND 175 POUNDS FOR EACH CHILD UNDER 12 YEARS OF AGE. SHIPMENT OF HOUSEHOLD EFFECTS TO DESTINATION WAS AUTHORIZED. APPARENTLY, YOUR EFFECTS WEIGHING 11,332 POUNDS WERE PACKED AND CRATED BY THE DEPARTMENT OF THE ARMY, CAMERON STATION, ALEXANDRIA, VIRGINIA, FOR SHIPMENT AS HOUSEHOLD GOODS.

THE AUTHORITY FOR THE TRANSPORTATION OF HOUSEHOLD GOODS AND PERSONAL EFFECTS AT GOVERNMENT EXPENSE OF CIVILIAN OFFICERS AND EMPLOYEES OF THE UNITED STATES TO OR FROM POINT OUTSIDE THE CONTINENTAL UNITED STATES IS CONTAINED IN SECTION 1 OF PUBLIC LAW 600, 60 STAT. 806. THE MAXIMUM WEIGHT ALLOWED THEREUNDER IS 7,000 POUNDS UNCRATED OR 8,750 POUNDS CRATED. THE GOVERNMENT PAID FOR THE TRANSPORTATION OF 8,750 POUNDS CRATED, PURSUANT TO SECTION 1. YOU WERE CHARGED WITH THE COST OF TRANSPORTATION OF THE REMAINING 2,582 POUNDS IN THE AMOUNT OF $90.11 FOR PACKING AND CRATING AND $49.87 FOR THE DELIVERY CHARGES ON THE SAME AMOUNT OF EXCESS WEIGHT.

HOLD BAGGAGE IS THAT BAGGAGE WHICH IS CHECKED ON THE PASSENGERS TICKET WHICH THE PASSENGER DOES NOT INTEND TO USE DURING THE VOYAGE AND IS STORED IN THE HOLD OF THE SHIP ON WHICH THE PASSENGER IS TRAVELING. IF YOUR BAGGAGE HAD BEEN TAKEN ABOARD THE VESSEL WITH YOU AND CHECKED ON YOUR TICKET AND STORED IN THE HOLD OF THE SHIP, ON WHICH YOU WERE TRAVELING, FOR THE DURATION OF THE VOYAGE, ANYTHING UP TO 350 POUNDS FOR ADULTS AND 175 POUNDS FOR EACH CHILD TRAVELING AT GOVERNMENT EXPENSE PURSUANT TO THE TRAVEL ORDERS OF JUNE 11, 1957, IF NOT CARRIED FREE BY THE VESSEL WOULD HAVE BEEN PAID FOR FROM GOVERNMENT FUNDS.

SINCE THE WEIGHT OF HOUSEHOLD GOODS THAT MAY BE TRANSPORTED UPON A PERMANENT CHANGE OF STATION AT GOVERNMENT EXPENSE IS LIMITED BY STATUTE, THE FACT YOUR HOLD BAGGAGE WAS PACKED AND CRATED AND SHIPPED AS HOUSEHOLD GOODS WOULD NOT RELIEVE YOU OF THE LIABILITY FOR THE EXCESS CHARGE.

THEREFORE, UPON REVIEW, THE SETTLEMENT OF SEPTEMBER 5, 1958, IS SUSTAINED.

IN RESPONSE TO YOUR QUESTION WHERE YOU MAY APPEAL A DECISION OF OUR OFFICE YOU ARE ADVISED THAT THE DECISIONS OF OUR OFFICE ARE FINAL AND CONCLUSIVE UPON THE EXECUTIVE BRANCH OF THE GOVERNMENT AND NO PROCEDURE IS PRESCRIBED FOR APPEALING FROM SUCH DECISIONS. HOWEVER, YOUR ATTENTION IS DIRECTED TO 28 U.S.C. 1491 CONCERNING MATTERS COGNIZABLE IN THE UNITED STATES COURT OF CLAIMS.