Board of Contract Appeals

                    General Services Administration

                         Washington, D.C. 20405

 

 

            _______________________________________________

 

                             April 4, 2000

            _______________________________________________

 

 

                            GSBCA 15173-RELO

 

 

                    In the Matter of TERRY EMERSON 

 

 

        Terry Emerson, APO AE, Claimant.

 

        Joseph L.  Watson, Jr.,  Deputy Director  for Army  Finance,

   Defense  Finance   and  Accounting   Service,  Europe   Operating

   Location, APO AE, appearing for Department of Defense.

 

   BORWICK, Board Judge.

 

        Claimant,  Terry   Emerson,  a  civilian  employee   of  the

   Department  of Defense, moved  his household goods  (HHG) between

   two  overseas  locations,  by Government  bill  of  lading (GBL).

   Claimant's HHG weighed 20,882  pounds, 2882 pounds more  than the

   18,000  pounds authorized.   The agency determined  that claimant

   owed the  Government $476.33,  which was the  cost of  moving the

   excess 2882  pounds.  Claimant  seeks relief from  the debt.   We

   sustain the  decision of the  agency.  In establishing  the debt,

   the  agency followed  statute and  the  Joint Travel  Regulations

   (JTR).  

 

        The  facts indicated  by the  record  are as  follows.   The

   agency  authorized claimant a  permanent change of  station (PCS)

   move from Worms,  Germany to Heidelberg, Germany.   In its travel

   order, the  agency authorized  claimant shipment of  HHG "not  in

   excess of  18,000 pounds."   The  mover was  G. &  G. Klessinger,

   Mobeltransporte (Klessinger).  According to claimant, at the time

   of the  pack-out, claimant  had a  wine collection,  professional

   materials  and  pottery planting  pots  that he  included  in the

   shipment only after he had ascertained that his shipment would be

   under the  weight allowance.   Claimant states he  had originally

   planned to transport the wine and pottery in his van and car, but

   added the  items to the  shipment after Klessinger  told claimant

   that addition of those items would not put his shipment  over the

   weight limitation. 

 

        Klessinger's weight ticket, dated August 11, 1998, shows the

   net  weight of  claimant's shipment  to  be 20,882  pounds.   The

   agency determined  that claimant  was responsible  for the  added

   cost  of  shipping  the  excess  weight  of  2882  pounds,  which

   according to the  formula used  by the agency  was $476.33.   The

   Defense Finance  and Accounting Service (DFAS)  notified claimant

   of the  indebtedness,  which claimant  paid.   Claimant  seeks  a

   refund  from the  Government because  he  relied on  Klessinger's

   assurance  that if he added the wine and pottery to the shipment,

   the shipment would not be over the weight limitation.

 

 

        While  we sympathize with  claimant, the statute  limits the

   Government's payment of  an employee's moving expenses  to 18,000

   pounds net weight.  The statute provides:

 

        Under regulations prescribed under section 5738 of this

        title and when the head  of the agency concerned or his

        designee authorizes or approves,  the agency shall  pay

        from Government funds--

 

             (1)  the  travel  expenses  of  an   employee

             transferred in the interest of the Government

             from  one  official  station   or  agency  to

             another for permanent duty . . . ;

 

             (2)  the expenses  of transporting,  packing,

             crating,  temporarily  storing,  draying  and

             unpacking  his household  goods and  personal

             effects not  in excess  of 18,000  pounds net

             weight.

 

   5 U.S.C.    5724(a) (1994 & Supp. II 1996).  

 

        The  agency regulation  is  to  the same  effect.   The  JTR

   provides that "the maximum weight  of HHG that may be transported

   . . . in connection therewith at Government expense is limited to

   18,000 pounds net weight for  all employees."  JTR C8000  (May 1,

   1995).    Here,   the employee  must  pay for  the  excess weight

   shipped.   JTR C4353,  C8002-B, -E.1, -F.1.   Because  the 18,000

   pound weight allowance is mandated  by statute, neither an agency

   nor this  Board has authority  to waive it, either  for erroneous

   agency or  mover estimates.   Robert K. Boggs,  GSBCA 14948-RELO,

   99-2 BCA   30,491; Donald  G. Fullmer, GSBCA 14123-RELO, 97-2 BCA

      29,291.     In  establishing the  debt,  the  agency acted  in

   accordance with the  statute and the JTR, and  the Board sustains

   the determination of the agency.  

 

 

                                 __________________________

                                 ANTHONY S. BORWICK

                                 Board Judge