B-139119, JAN. 15, 1960

B-139119, JAN. 15, 1960

TO MR. LYLE D. MCMULLEN:

THIS REFERS TO YOUR LETTER OF AUGUST 19, 1959, TO LIEUTENANT COLONEL FREDERICK ZITZER, ENGINEER INSPECTOR, FORWARDED HERE THROUGH CHANNELS, PROTESTING OUR SETTLEMENT DATED MAY 1, 1959, WHICH ALLOWED YOU $10.56 IN CONNECTION WITH YOUR CLAIM FOR $240.22, REPRESENTING EXPENSES ALLEGEDLY DUE FOR THE MOVEMENT OF 4,490 POUNDS OF HOUSEHOLD GOODS FROM BURBANK TO SPOKANE, WASHINGTON, AS AN EMPLOYEE OF THE CORPS OF ENGINEERS, U.S. ARMY ENGINEER DISTRICT, SEATTLE, WASHINGTON.

THE RECORD SHOWS THAT PURSUANT TO ORDERS NO. 259.1, DATED MARCH 15, 1957, YOUR OFFICIAL DUTY STATION WAS CHANGED FROM PASCO TO FAIRCHILD, WASHINGTON. ON OR ABOUT MARCH 18, 1957, YOU HIRED A COMMERCIAL CONCERN -- LEWIS TRAILER SALES, PASCO, WASHINGTON--- TO MOVE YOUR HOUSEHOLD GOODS IN YOUR HOUSE TRAILER FROM BURBANK TO SPOKANE, WASHINGTON, AT PERSONAL EXPENSE. THEREAFTER, YOU PRESENTED A CLAIM FOR $240.22, PURPORTEDLY COMPUTED ON A COMMUTED BASIS FOR THE DISTANCE INVOLVED UPON A NET WEIGHT OF 4,490 POUNDS.

AS INDICATED IN THE SETTLEMENT, NO STATUTORY AUTHORITY EXISTED PRIOR TO FEBRUARY 12, 1958, FOR SHIPMENT AT GOVERNMENT EXPENSE OF AN EMPLOYEE'S HOUSE TRAILER. AT THE TIME OF THE ABOVE SHIPMENT, YOUR HOUSE TRAILER--- INCLUDING FITTINGS, FIXTURES, APPLIANCES, AND BUILT IN EQUIPMENT--- WAS NOT REGARDED AS PROPERTY FALLING WITHIN THE PURVIEW OF "HOUSEHOLD GOODS" OR "PERSONAL EFFECTS" FOR THE PURPOSES OF TRANSPORTATION AS AUTHORIZED BY EXECUTIVE ORDER NO. 9805, AS AMENDED. CONSEQUENTLY, THERE WAS NO AUTHORITY TO REIMBURSE YOU ON A COMMUTED RATE BASIS FOR HOUSEHOLD GOODS PURPORTED TO WEIGH 4,490 POUNDS, THE DIFFERENCE BETWEEN 11,890 POUNDS, GROSS WEIGHT OF THE LOADED HOUSE TRAILER, AND 7,400 POUNDS, THE BARE WEIGHT OF THE TRAILER, EXCLUDING ALL FURNITURE AND APPLIANCES, AS REPORTED BY THE MANUFACTURER.

HOWEVER, IN YOUR LETTER OF AUGUST 19, 1959, YOU SAY THAT THE WEIGHT OF YOUR HOUSE TRAILER (7,400 POUNDS) AS PREVIOUSLY REPORTED, DID NOT INCLUDE EQUIPMENT, FIXTURES, AND APPLIANCES SUCH AS RANGE, REFRIGERATOR, BEDS, TABLE, CHAIRS, DAVENPORT, DRAPES, HEATING UNIT OR FUEL TANKS, AND THAT ACCORDING TO THE MANUFACTURER'S CATALOG, THE GROSS WEIGHT THEREOF IS 9,400 POUNDS. THE ADDITIONAL WEIGHT NOW REPORTED INDICATES THAT THE FIXTURES, APPLIANCES, AND FURNITURE IN THE TRAILER AS EQUIPPED BY THE MANUFACTURER WEIGHS 2,000 POUNDS. THE REVISED GROSS WEIGHT APPEARS REASONABLE, AND MAYBE ACCEPTED AS MEETING THE WEIGHT REQUIREMENTS OF EXECUTIVE ORDER NO. 9805, AS AMENDED. CONSEQUENTLY, YOU ARE ENTITLED TO REIMBURSEMENT ON A COMMUTED RATE BASIS FOR SHIPMENT OF 2,490 POUNDS (11,890 LESS 9,400), LESS THE SUM OF $10.56 PREVIOUSLY PAID YOU PURSUANT TO OUR SETTLEMENT OF MAY 1, 1959.

A SUPPLEMENTAL SETTLEMENT FOR THE AMOUNT FOUND DUE, WILL ISSUE IN YOUR FAVOR AS SOON AS PRACTICABLE.