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B-210659 1 (1984-09-05)

handle is hein.gao/gaobadlww0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THiE UNITED STATES WASHINGTON. 0.C. 20548 FILE: B-210659 DATE: September 5, 19% MATTER OF: Lieutenant Colonel John W. Larkin 3d, USAF DIGEST: The Secretary of the Air Force created a 10 percent packing allowance in Air Force Regulation 75-25 for household goods shipped by the direct procurement method even though subparagraph M8002-3a, 1 JTR prescribes a 20 percent packing allowance for househod goods shipped by that method. Since the 20 percent packing allowance is applicable when the weight used to determine the actual weight of the household goods is the gross weight of the shipment less the weight of the empty shipping boxes or transporters, that allowance is not for application when the weight used is the gross weight of the shipment less the weight of the shipping boxes or transporters and the weight of materials necessary for preparing the goods for shipment. In the latter case the 10 percent allowance prescribed by the Air Force is appropriate. The question presented in this case is whether the Secretary of the Air Force had authority to prescribe a 10 percent packing allowance inoAir Force Regulation (AFR) 75-25, July 9, 1976, for a direct procurement method of shipment of household goods rather than applying the 20 percent packing allowance for such shipments of household goods shown in paragraph M8002-3a, Volume 1, Joint Travel Regulations (JTR). Lieutenant Colonel John W. Larkin, 3d, USAF, claims reimbursement of charges he paid incident to the nontemporary storage of an excess weight of household goods which would not have been considered excess weight had the 20 percent allowance been used. The Secretaries of the Services are authorized to supplement the JTR by administra- tive regulations but they are bound by the specific provi- sions of those regulations. In the circumstances presented we find that the Secretary of the Air Force did not exceed his authority in establishing the 10 percent allowance. Accordingly, Colonel Larkin's claim is denied. C~qq4

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