B-149149, AUG. 7, 1962

B-149149, AUG. 7, 1962

TO SANITARY ENGINEER DIRECTOR AUGUST T. ROSSANO, JR.:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MAY 28, 1962, REQUESTING RECONSIDERATION OF SETTLEMENT DATED APRIL 23, 1962, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF EXCESS CHARGES OF SHIPPING YOUR HOUSEHOLD GOODS INCIDENT TO YOUR PERMANENT CHANGE OF STATION AS A COMMISSIONED OFFICER OF THE U.S PUBLIC HEALTH SERVICE.

BY PUBLIC HEALTH SERVICE PERSONNEL ORDER NO. 168, DATED AUGUST 25, 1959, AS AMENDED BY PERSONNEL ORDER NO. 171, DATED AUGUST 28, 1959, YOU WERE RELIEVED FROM DUTY AT THE BUREAU OF STATE SERVICES, CINCINNATI, OHIO, ON SEPTEMBER 7, 1959, AND THE FOLLOWING DAY YOU WERE ASSIGNED TO THE BUREAU OF STATE SERVICES, CALIFORNIA INSTITUTE OF TECHNOLOGY, PASADENA, CALIFORNIA. BY PERSONNEL ORDER NO. 203, DATED OCTOBER 13, 1959, YOUR ORDERS WERE FURTHER AMENDED TO INCLUDE "AUTH 50 LBS. ACCOMP. EXCESS BAGGAGE.' THE FOLLOWING FIVE SHIPMENTS OF YOUR HOUSEHOLD GOODS AND PROFESSIONAL BOOKS, PAPERS AND EQUIPMENT WERE MADE IN CONNECTION WITH THIS CHANGE OF STATION: (1) EXCESS BAGGAGE WHICH ACCOMPANIED YOU AND YOUR SON ON THE PLANE TO LOS ANGELES; (2) 450 POUNDS SHIPPED AS 500 POUNDS OF HOUSEHOLD GOODS BY VAN; (3) 16 POUNDS OF PROFESSIONAL BOOKS AND PAPERS SHIPPED BY RAILWAY EXPRESS; (4) 912 POUNDS OF PRINTED MATTER AND A STEEL FILING CABINET SHIPPED BY FREIGHT; AND (5) 8630 POUNDS OF HOUSEHOLD GOODS SHIPPED BY VAN. SHIPMENTS (1), (4), AND (5) WERE MADE TO THE VICINITY OF YOUR NEW STATION AT PASADENA, AND SHIPMENTS (2) AND (3) WERE TO HAYWARD, CALIFORNIA.

IT WAS DETERMINED BY THE ADMINISTRATIVE OFFICE THAT YOU WERE RESPONSIBLE FOR EXCESS COSTS IN THE SUM OF $63.50 FOR THE INDICATED SHIPMENTS ON THE BASIS THAT THE EXCESS BAGGAGE WHICH ACCOMPANIED YOU AND YOUR SON ON THE PLANE WAS AN EXPEDITED SHIPMENT, THAT THE SHIPMENTS BY RAILWAY EXPRESS AND FREIGHT WERE PERMISSIBLE SHIPMENTS OF PROFESSIONAL BOOKS, PAPERS AND EQUIPMENT, AND THAT YOU SHOULD BE HELD TO THE COST OF SHIPPING IN ONE LOT THE TWO VAN SHIPMENTS OF HOUSEHOLD GOODS. YOU CONTEND THAT TECHNICALLY SPEAKING TWO VAN SHIPMENTS WERE NOT INVOLVED SINCE THE 500 (450) POUND VAN SHIPMENT WAS AN EXPEDITED SHIPMENT AUTHORIZED BY THE JOINT TRAVEL REGULATIONS, AND REFERRED TO IN PARAGRAPH 15 OF THE BOOKLET "SHIPMENT INFORMATION, HOUSEHOLD GOODS, A GUIDE FOR COMMISSIONED OFFICERS OF THE PUBLIC HEALTH SERVICE.'

THE SHIPMENT OF HOUSEHOLD EFFECTS, INCLUDING PROFESSIONAL BOOKS, PAPERS AND EQUIPMENT OF MEMBERS OF THE UNIFORMED SERVICES, IS AUTHORIZED INCIDENT TO AN ORDERED CHANGE OF DUTY STATION BY THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (C). AUTHORIZED SHIPPING PROCEDURES DURING THE PERIOD INVOLVED WERE SET FORTH IN PART H, CHAPTER 8, OF THOSE REGULATIONS. PARAGRAPH 8402-2 OF THAT PART PROVIDED SOME LATITUDE IN THE CHOICE OF METHOD OF SHIPPING A MEMBER'S HOUSEHOLD EFFECTS BETWEEN THE SAME POINT OF ORIGIN AND DESTINATION (AS TO THE MODE OF TRANSPORTATION USED AND WHETHER BY CONSOLIDATED OR SEPARATE SHIPMENTS), SUCH CHOICE TO BE GOVERNED BY THE BEST INTERESTS OF THE GOVERNMENT AND THE OWNER OF THE PROPERTY. PARAGRAPH 8400-2 PROVIDED AUTHORITY FOR THE USE OF SPECIAL ROUTING OR SERVICES DEVIATING FROM THE REQUIREMENTS OF THE REGULATIONS, BUT WITH THE PROVISION THAT THE EXPENSES INVOLVED, EXCEEDING THOSE WHICH WOULD HAVE BEEN ALLOWED ON A LIKE WEIGHT WITHIN THE MEMBER'S PRESCRIBED WEIGHT ALLOWANCE, SHIPPED IN ONE LOT FROM THE LAST DUTY STATION TO THE NEW DUTY STATION, ARE CHARGEABLE TO THE MEMBER. PARAGRAPH 8402-1 (A) OF THE REGULATIONS, ON WHICH THE PROVISIONS OF PARAGRAPH 15 OF THE SHIPMENT INFORMATION BOOKLET TO WHICH YOU REFERRED WERE BASED, PROVIDED THAT WHEN CERTAIN ARTICLES ARE REQUIRED FOR USE IN CARRYING OUT ASSIGNED DUTIES OR ARE REQUIRED BECAUSE OF EXIGENCIES OF THE SERVICE AND SHIPMENT BY ORDINARY MEANS WILL NOT SERVE THE PURPOSE, SHIPMENT OF NOT TO EXCEED A TOTAL OF 500 POUNDS NET WEIGHT IS AUTHORIZED TO BE MADE BY EXPRESS AT GOVERNMENT EXPENSE. THE AUTHORITY, HOWEVER WAS EXPRESSLY LIMITED TO SHIPMENTS TO THE NEW DUTY STATION, AND CONSEQUENTLY PROVIDES NO BASIS FOR SPECIAL CONSIDERATION OF THE 500 POUND VAN SHIPMENT (SHIPMENT (2) ( THE DESTINATION OF WHICH WAS HAYWARD, CALIFORNIA, RATHER THAN THE NEW DUTY STATION UNDER YOUR ORDERS.

WHILE YOU DID NOT EXCEED YOUR AUTHORIZED WEIGHT ALLOWANCE OF 11,000 POUNDS OF HOUSEHOLD GOODS, YOU WERE PROPERLY CHARGEABLE UNDER THE CIRCUMSTANCES SHOWN AS PROVIDED IN THE REGULATIONS, WITH THE EXCESS COST WHICH RESULTED FROM THE VAN SHIPMENT BEING MADE IN TWO LOTS.