B-149220, AUG. 6, 1962

B-149220, AUG. 6, 1962

TO LIEUTENANT COLONEL RAYMOND C. BLATT:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 7, 1962, IN WHICH YOU REQUEST RECONSIDERATION OF THE SETTLEMENT OF JUNE 1, 1962, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF A PORTION OF THE $384.05 COLLECTED FROM YOU REPRESENTING THE EXCESS COST OF SHIPPING HOUSEHOLD EFFECTS OVER YOUR AUTHORIZED WEIGHT ALLOWANCE FROM FORT SILL, OKLAHOMA, TO ST. PETERSBURG, FLORIDA, NOVEMBER 3, 1961.

BY LETTER ORDERS NO. 10-152, HEADQUARTERS, U.S. ARMY ARTILLERY AND MISSILE CENTER, FORT SILL, OKLAHOMA, DATED OCTOBER 18, 1961, YOU WERE DIRECTED TO PROCEED ON TEMPORARY DUTY FOR A PERIOD OF APPROXIMATELY 20 DAYS TO THE U.S. ARMY ELEMENT, U.S. STRIKE COMMAND, MACDILL AIR FORCE BASE, FLORIDA. BY TWX MESSAGE ORDERS FROM THE DEPARTMENT OF THE ARMY, WASHINGTON, D.C., THE COPY OF WHICH, ACCOMPANYING YOUR CLAIM, WAS EXTRACTED AT YOUR STATION AT FORT SILL ON NOVEMBER 3, 1961, YOU WERE RELIEVED FROM DUTY AT FORT SILL AND ASSIGNED TO DUTY AT MACDILL AIR FORCE BASE WHERE YOU WERE TO REPORT NOT LATER THAN NOVEMBER 12, 1961. ON THE BASIS OF YOUR APPLICATION, YOUR HOUSEHOLD EFFECTS, WEIGHING 14,680 POUNDS WERE SHIPPED BY VAN TO ST. PETERSBURG, FLORIDA, ON GOVERNMENT BILL OF LADING, DATED NOVEMBER 3, 1961. THE SHIPMENT EXCEEDED YOUR AUTHORIZED WEIGHT ALLOWANCE BY 3,644 POUNDS AND YOU WERE REQUIRED TO PAY TO THE GOVERNMENT THE EXCESS COST OF THE TRANSPORTATION IN THE AMOUNT OF $384.05.

IN YOUR LETTERS, YOU DO NOT CONTEST THE FACT THAT THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS WAS OVER YOUR AUTHORIZED WEIGHT ALLOWANCE BUT BASE YOUR CLAIM ON A BELIEF THAT READJUSTMENT SHOULD BE MADE DUE TO THE UNUSUAL CIRCUMSTANCES INVOLVED IN YOUR CASE. YOUR LETTER OF MARCH 15, 1962, STATES THAT THERE WAS SOME UNCERTAINTY AS TO WHETHER THE ASSIGNMENT TO MACDILL AIR FORCE BASE WOULD BE PERMANENT AND BECAUSE OF THAT FACTOR AND THE SHORT ADVANCE NOTICE YOU RECEIVED ADVISING YOU OF THE PERMANENT ASSIGNMENT YOU WERE PREVENTED FROM REDUCING THE VOLUME OF YOUR HOUSEHOLD GOODS AND OTHERWISE WERE UNABLE TO STOP THE SHIPMENT OF SOME ARTICLES OF CLOTHING AND FURNITURE THAT YOU INTENDED TO DISPOSE OF. AS A RESULT, MORE EFFECTS WERE SHIPPED THAN YOU HAD INTENDED. IN YOUR LETTER OF JUNE 7, 1962, IN REQUESTING REVIEW OF THE SETTLEMENT OF JUNE 1, 1962, WHICH DISALLOWED YOUR CLAIM, YOU REQUEST THAT RECONSIDERATION BE GIVEN TO THE REFUNDING OF $109.00 OF THE $384.05 PAID BY YOU, PRESUMABLY BASING YOUR REQUEST ON THE TOTAL WEIGHT OF 1,040 POUNDS OF EXCESS HOUSEHOLD EFFECTS LISTED IN YOUR PREVIOUS LETTER THAT YOU WERE PREVENTED FROM CONSUMING OR REMOVING PRIOR TO THE TIME YOUR EFFECTS WERE SHIPPED.

THE JOINT TRAVEL REGULATIONS, PRESCRIBED PURSUANT TO AUTHORITY CONTAINED IN SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (C), AND APPLICABLE DURING THE PERIOD HERE INVOLVED, PROVIDE IN PARAGRAPHS 8002 AND 8003 THAT HOUSEHOLD EFFECTS WITHIN THE WEIGHT ALLOWANCES SPECIFIED THEREIN, SET FORTH FOR VARIOUS RANKS AND GRADES, ARE AUTHORIZED FOR SHIPMENT AT GOVERNMENT EXPENSE UPON A PERMANENT CHANGE OF STATION. PROVISIONS ARE MADE FOR A PERCENTAGE INCREASE TO ALLOW FOR PACKING FOR SHIPMENT BY VAN. SUCH OVERALL WEIGHT ALLOWANCE, OF WHICH THE NET WEIGHT OF THE HOUSEHOLD GOODS IS BUT ONE COMPONENT PART, REPRESENTS THE MAXIMUM WEIGHT THAT MIGHT BE SHIPPED AT GOVERNMENT EXPENSE. PROVISION IS MADE IN THE REGULATIONS PERMITTING AN INCREASED ALLOWANCE ON THE BASIS YOU PROPOSE.

UNDER PERTINENT REGULATIONS REFERRED TO ABOVE, WE ARE WITHOUT AUTHORITY TO MAKE ANY DEVIATIONS IN YOUR AUTHORIZED WEIGHT ALLOWANCE. THIS IS SO, EVEN THOUGH IT MAY BE, AS YOU CONTEND, THAT YOU HAD BUT A SHORT PERIOD IN WHICH TO PREPARE YOUR EFFECTS FOR SHIPMENT, SINCE THERE IS NO REQUIREMENT THAT ADVANCE NOTICE BE GIVEN OF A CHANGE OF PERMANENT DUTY ASSIGNMENT. FURTHERMORE, THERE IS NO INDICATION IN THERECORD THAT ANY IMMEDIATE URGENCY REQUIRED THAT YOUR EFFECTS BE SHIPPED UPON RECEIPT OF YOUR CHANGE OF STATION ORDERS WHICH WOULD HAVE PREVENTED YOU FROM OVERSEEING THE PREPARATIONS FOR THE SHIPMENT HOUSEHOLD EFFECTS AS SHIPPED EXCEEDED YOUR WEIGHT ALLOWANCE, PLUS THE ALLOWANCE FOR SHIPPING BY VAN, IT APPEARS THAT YOU HAVE BEEN PROPERLY CHARGED WITH THE EXCESS COST OF THE SHIPMENT. ACCORDINGLY, THE SETTLEMENT OF JUNE 1, 1962, WAS CORRECT AND IS SUSTAINED.