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B-248267 1 (1992-09-24)

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Comptroller General
of the United Statesi
Washingtonl ,DC, 20548

Decision


Matter of:

File:

Date:


Captain R. K. Kershenstein, USAF

B-248267

September 24, 1992


DIGEST

Where member was authorized to ship 1,300 pounds of
household goods overseas to weight restricted country but
due to surface carrier restrictions at overseas base on the
weight that could be returned to United States (600 pounds)
and fact that initial orders did not note this restriction,
claim for excess weight charges which normally are not for
waiver as erroneous payment under 10 U.S.C. § 2774(a) may be
waived as exceptional case under 67 Comp. Gen. 484 (1988).


DECISION


Captain
Force,
States
cost of
Station


R.K. Kershenstein, a member of the
has requested waiver of the claim of
in the amount of $1,329.14 resulting
shipping his household goods from P
, Turkey to Maxwell Air Force Base,


United States Ai
the United
from the excess
irinclik Air
Alabama.


On June 19, 1989, Captain Kershenstein was transferred from
Hanscom Air Force Base, Massachusetts to Pirinclik Air
Station, Turkey. Since Turkey was a weight restricted
country, Captain Kershenstein was advised that he could only
ship 10 percent of his weight authorization (13,000 pounds)
or 1,300 pounds, which he did.

On October 1, 1990, Captain Kershenstein was transferred to
Maxwell Air Force Base, Alabama and was told that he could
only ship 600 pounds of unaccompanied baggage by air because
Pirinclik had no capability for making surface carrier
shipments, only air shipments.    Since Captain Kershenstein
had shipped 1,300 pounds of household goods to Turkey and
Turkish law required that all items taken into the country
must be taken out, Captain Kershenstein shipped his
household goods back to the United States and has been
charged the excess cost of $1,329.14.


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