B-138678, APR 22, 1959

B-138678, APR 22, 1959

PRECIS-UNAVAILABLE

RONALD A. DOWNING:

YOUR REGISTERED LETTER NO. 43068 OF MARCH 4, 1958, AND SUBSEQUENT CORRESPONDENCE, REQUEST RECONSIDERATION OF OUR OFFICE SETTLEMENT OF FEBRUARY 7, 1958, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF $275.50, ADMINISTRATIVELY WITHHELD FROM YOUR SALARY TO REIMBURSE THE GOVERNMENT FOR THE COST OF THE MOVEMENT OF YOUR HOUSEHOLD EFFECTS FROM QUARTERS CO 212-B TO QUARTERS CO-56, RAMEY AIR FORCE BASE, PUERTO RICO, IN JANUARY 1957.

THE RECORD SHOWS THAT YOU SERVED AS A CAPTAIN IN THE UNITED STATES AIR FORCE AT RAMEY AIR FORCE BASE, AND UPON RELEASE FROM ACTIVE DUTY IN 1952, YOU REMAINED IN PUERTO RICO AND ACCEPTED A CIVILIAN POSITION AS SUPERINTENDENT OF THE BASE ELEMENTARY AND HIGH SCHOOL AT RAMEY AIR FORCE BASE. YOU OCCUPIED THAT POSITION BY YEARLY CONTRACT. AS A CAPTAIN ON ACTIVE DUTY IN THE AIR FORCE YOU WERE ASSIGNED QUARTERS AT THE AIR BASE AND AFTER YOUR RELEASE FROM ACTIVE DUTY YOU CONTINUED TO OCCUPY THESE QUARTERS AS A CIVILIAN EMPLOYEE UNTIL TERMINATION OF YOUR QUARTERS ON JANUARY 5, 1957. FOR THE USE OF THESE QUARTERS YOU PAID A MONTHLY RENTAL OF $75 PLUS $12.20 FOR UTILITIES OR A TOTAL MONTHLY PAYMENT OF $87.20. SINCE THERE WAS INSUFFICIENT GOVERNMENT FURNITURE AVAILABLE AT THE AIR BASE TO FULLY EQUIP GOVERNMENT QUARTERS, RENTS WERE ESTABLISHED ON THE BASIS OF UNFURNISHED QUARTERS. BECAUSE OF CONSTRUCTION AND REALIGNMENT OF ON-BASE HOUSING YOU WERE ORDERED TO MOVE AND THE BASE COMMANDER ON DECEMBER 28, 1956, ISSUED THE FOLLOWING ORDER: "MR. RONALD A. DOWNING IS DIRECTED BY THE BASE COMMANDER TO MOVE FROM COD 212 B TO COS 56." WE NOTE THAT THIS ORDER DOES NOT EFFECT A CHANGE OF OFFICIAL HEADQUARTERS.

STANDARD FORM 116, APPLICATION FOR TRANSPORTATION OF HOUSEHOLD GOODS, DATED DECEMBER 31, 1956, CONTAINING YOUR SIGNATURE AS APPLICANT, SHOWS THE APPROXIMATE AMOUNT TO BE SHIPPED AS 3,000 POUNDS, 200 POUNDS APPROXIMATE WEIGHT OF PROFESSIONAL BOOKS, PAPERS, AND EQUIPMENT, WASHING MACHINE, DEEP FREEZE, AND SIX BARRELS OF CHINA, TO BE SHIPPED BY VAN FROM CO 212 B TO CO 56 RAMEY AIR FORCE BASE. PARAGRAPH 9 OF THE APPLICATION PROVIDES IN PART THAT "IT IS REQUESTED THAT ACTION BE TAKEN TO HAVE HOUSEHOLD GOODS TRANSPORTED AS PROVIDED BY LAW AND REGULATIONS ***." PARAGRAPH 20 PROVIDES: "I WILL PAY ALL HANDLING, STORAGE, OR OTHER COSTS, NOT AUTHORIZED BY REGULATIONS." ON GOVERNMENT BILL OF LADING AF-800785 THERE WERE SHIPPED IN YOUR NAME FROM CO 212-B TO CO 56 RAMEY AIR FORCE BASE 7,092 POUNDS OF HOUSEHOLD EFFECTS AS A MINIMUM OF 8,000 POUNDS AT $1.15 A HUNDRED WEIGHT AT A COST OF $92. THERE WERE ACCESSORIAL SERVICE CHARGES OF $183.50 AS FOLLOWS:

14 BARRELS AT $6.00 $84.00

9 CTN. AT 1.50 13.50

17 CTN. AT 2.00 34.00

2 CTN. AT 3.50 7.00

6 MATTRESS CTN. AT 2.50 15.00

6 WARDROBES AT 5.00 30.00

TOTAL $183.50

THIS AMOUNT WAS PAID BY THE AIR FORCE, AND $275.50 WAS WITHHELD ADMINISTRATIVELY FROM SALARY DUE YOU TO SATISFY YOUR DEBT TO THE GOVERNMENT.

SINCE THE MOVEMENT OF HOUSEHOLD EFFECTS FROM ONE PLACE TO ANOTHER WITHIN THE SAME CITY OR INSTALLATION DOES NOT CONSTITUTE A SHIPMENT OF HOUSEHOLD EFFECTS SUCH AS CONTEMPLATED BY THE ADMINISTRATIVE EXPENSE ACT OF 1946, AND EXECUTIVE ORDER NO. 9805, AS AMENDED, THE EXPENSE INCURRED IN THE MOVEMENT OF YOUR HOUSEHOLD EFFECTS BETWEEN THE SUBJECT QUARTERS ON RAMEY AIR FORCE BASE, PUERTO RICO, WAS CONSIDERED BY THE ADMINISTRATIVE OFFICE AS PERSONAL EXPENSE FOR WHICH YOU WERE LIABLE.

BEFORE DISPOSING OF THE MATTER WE DEEMED IT NECESSARY TO OBTAIN A FURTHER REPORT FROM THE DEPARTMENT OF THE AIR FORCE TO ASCERTAIN WHETHER SUCH EXPENSE SHOULD NOT BE CONSIDERED AS AN OPERATING EXPENSE OF THE BASE. NOW HAVE RECEIVED THAT REPORT AND THE DEPARTMENT OF THE AIR FORCE IS OF THE OPINION THAT DRAYAGE EXPENSES FOR MOVING CIVILIAN HOUSEHOLD GOODS BETWEEN QUARTERS LOCALLY, WHEN DIRECTED BY THE COMMANDER FOR THE CONVENIENCE OF THE GOVERNMENT, WHILE THEY ARE NOT INCIDENT TO AN AUTHORIZED PERMANENT CHANGE OF STATION MOVEMENT, ARE PROPERLY FOR CONSIDERATION AS AN ADMINISTRATIVE EXPENSE IN THE OPERATION OF THE COMMAND.

THEREFORE, A SETTLEMENT WILL ISSUE IN YOUR FAVOR IN DUE COURSE FOR THE AMOUNT FOUND DUE.

CONCERNING YOUR CLAIM FOR INTEREST YOU ARE ADVISED THAT IT IS WELL SETTLED THAT THE UNITED STATES IS NOT LIABLE FOR THE PAYMENT OF INTEREST ON ANY OF ITS OBLIGATIONS, EXCEPT IN THOSE CASES IN WHICH IT IS EXPRESSLY PROVIDED FOR IN THE PARTICULAR CONTRACT INVOLVED, OR WHERE ITS ALLOWANCE IS SPECIFICALLY AUTHORIZED BY STATUTE. SEE ANGARICA V. BAYARD, 127 U.S. 251; SEABOARD AIRLINE RAILWAY COMPANY V. UNITED STATES, 261 U.S. 299; RUDOLPH AXMAN V. UNITED STATES, 47 C. CLS. 537, 553; 27 COMP. GEN. 690, AND CASES THERE CITED.