B-147184, OCT. 3, 1961

B-147184, OCT. 3, 1961

TO MR. CLIFFORD B. JOHNSON:

ON AUGUST 25, 1961, YOU REQUESTED REVIEW OF OUR SETTLEMENT OF AUGUST 2, 1961, WHICH DISALLOWED YOUR CLAIM FOR AN ADDITIONAL $125.30 FOR STORAGE OF YOUR HOUSEHOLD EFFECTS INCIDENT TO YOUR PERMANENT CHANGE OF STATION.

TRAVEL ORDER NO. 2151 WAS ISSUED TO YOU ON JANUARY 25, 1961, FOR TRANSFER FROM MANSURA, LOUISIANA, TO SEARCY, ARKANSAS. SHIPMENT OF HOUSEHOLD EFFECTS WAS AUTHORIZED AS WAS TEMPORARY STORAGE. PURSUANT TO THE ORDER YOU SHIPPED 8,150 POUNDS OF EFFECTS FROM MANSURA, LOUISIANA, TO LITTLE ROCK, ARKANSAS, WHERE YOU PLACED THEM IN STORAGE ON FEBRUARY 1. FEBRUARY 7 YOU REMOVED THE EFFECTS FROM STORAGE AND SHIPPED THEM TO SEARCY, ARKANSAS.

THE TRANSPORTATION AND STORAGE AT GOVERNMENT EXPENSE OF THE HOUSEHOLD EFFECTS OF AN EMPLOYEE ARE GOVERNED BY REGULATIONS WHICH HAVE THE EFFECT OF LAW. UNDER THE REGULATIONS YOU WERE ENTITLED TO SHIP A MAXIMUM OF 7,000 POUNDS OF EFFECTS FROM YOUR OLD STATION TO YOUR NEW STATION AT THE COMMUTED RATE OF $6.90 PER HUNDRED POUNDS. FOR THIS YOU HAVE BEEN PAID PROPERLY THE SUM OF $483. IN ADDITION YOU WERE ENTITLED TO TEMPORARY STORAGE CHARGES ON THE 7,000 POUNDS IN ACCORDANCE WITH THE REGULATIONS QUOTED IN PERTINENT PART AS FOLLOWS:

"/E) WHEN THE COMMUTED RATE SYSTEM IS USED FOR TEMPORARY STORAGE,THE AMOUNT TO BE PAID TO THE EMPLOYEE SHALL BE DETERMINED IN ACCORDANCE WITH THE TABLE OF STORAGE ALLOWANCES IN SCHEDULE A: PROVIDED, THAT THE AMOUNT OF REIMBURSEMENT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID FOR ORAGE.'

YOU WERE CHARGED $0.50 PER HUNDRED POUNDS FOR STORAGE AND THE SAME RATE FOR HANDLING INCIDENT TO STORAGE. YOU HAVE BEEN REIMBURSED IN THE CORRECT SUM OF $70 (7,000 POUNDS AT $1 PER HUNDRED).

WHILE YOU DO NOT SPECIFICALLY QUESTION THE CORRECTNESS OF THE AMOUNT ALLOWED FOR TRANSPORTATION, YOU SAY THAT UNLESS ADDITIONAL STORAGE CHARGES ARE ALLOWED YOU WILL SUFFER A LOSS OF SOME $200. FURTHER, YOU CONTEND THAT THE AUTHORIZATION FOR STORAGE CONSTITUTED A RECOGNITION THAT TWO MOVES WERE NECESSARY AND SINCE THE $0.50 PER HUNDRED POUNDS ALLOWED THEREFOR WAS INSUFFICIENT TO COVER THE "SECOND MOVE" YOU WERE ENTITLED TO BE PAID THE FULL COMMUTED RATE WHICH YOU WERE INFORMED WAS $2.79 ($2.70). IN FURTHER SUPPORT OF YOUR CONTENTION YOU POINT OUT THAT YOU ACCEPTED THE TRANSFER WITHOUT AN INCREASE IN GRADE; THAT YOU WERE NOT PERMITTED TO WORK OVERTIME AS YOU ANTICIPATED AND THAT LIVING COSTS WERE HIGHER AT YOUR NEW STATION.

THE RECEIPTS YOU FURNISH SHOW THAT THE COST OF THE SHIPMENT FROM MANSURA TO LITTLE ROCK WAS $360.20, COMPUTED AS 8,150 POUNDS AT $4.30 PER HUNDRED OR $350.45, PLUS A FLAT CHARGE OF $9.75 FOR A BARREL AND A CARTON. THE CHARGE FROM LITTLE ROCK TO SEARCY INCLUDING STORAGE AND WAREHOUSE HANDLING WAS $252.65. THUS, THE TOTAL COST FOR THE 8,150 POUNDS WAS $612.85 OR $7.52 PER HUNDRED. YOU WERE REIMBURSED BY THE GOVERNMENT FOR THE 7,000 POUNDS WHICH YOU WERE ENTITLED TO SHIP AT THE RATE OF $7.90 ($6.90 PLUS 0.50 PLUS 0.50) PER HUNDRED. YOUR STATEMENT REGARDING PACKING AND CRATING HAS NOT BEEN OVERLOOKED. HOWEVER, IT APPEARS THAT THE "LOSS" OF WHICH YOU COMPLAIN WAS DUE PRINCIPALLY, IF NOT ENTIRELY, TO THE EXCESS AMOUNT OF 1,150 POUNDS WHICH YOU WERE NOT AUTHORIZED TO SHIP AT GOVERNMENT EXPENSE. THAT STORAGE CHARGES WERE NOT INTENDED TO COVER EXPENSES OTHERWISE INCURRED BY YOU INCIDENT TO YOUR TRANSFER IS CLEARLY SHOWN IN THE QUOTED PARAGRAPH OF THE REGULATIONS THE PROVISIONS OF WHICH LIMIT REIMBURSEMENT BY THE GOVERNMENT TO THE AMOUNTS ACTUALLY PAID THEREFOR NOT TO EXCEED THE COMMUTED RATE.

IT IS REGRETTABLE, OF COURSE, THAT YOUR EARNINGS AT YOUR NEW STATION WERE NOT AS GREAT AS YOU ANTICIPATED AND THAT LIVING COSTS WERE HIGHER BUT SUCH MATTERS ARE NOT FOR CONSIDERATION IN CONNECTION WITH CLAIMS FOR TRANSPORTATION AND STORAGE OF HOUSEHOLD EFFECTS. YOU HAVE BEEN PAID THE MAXIMUM AMOUNT ALLOWABLE UNDER THE REGULATIONS. WE HAVE NO ALTERNATIVE BUT TO SUSTAIN THE SETTLEMENT.

REGARDING FURTHER APPEAL, OUR DECISIONS ARE BINDING UPON THE EXECUTIVE AGENCIES OF THE GOVERNMENT. AS TO MATTERS COGNIZABLE IN THE DISTRICT COURTS OF THE UNITED STATES AND THE UNITED STATES COURT OF CLAIMS SEE 28 U.S.C. 1346; ID. 1491.