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B-199109 1 (1980-08-15)

handle is hein.gao/gaobadime0001 and id is 1 raw text is: 



                  FLE B-199THECDMPTROLLR 5   ERA1
     SION:~ 1 OF THE= UNITEDO STAE
                   - '/~WASH INGTc N. 0. C 2054e



  FILE:  B-199109               DATE:  August 15, 19-80,

  MATTER  OF:   Major John D. Knowles, USA


  DIGEST:   A service member is char ed the cost of
          Sshipping  household goods in excess of
            his weight allowance, b   asserts that
            because the transportation officer failed
            to notify him of the excess weight in
            accordance with Army regulations, he
            should not be charged for the costs.  The
            regulations authorized by 37 U.S.C. 406
            providing entitlement to transportation of
            household goods are contained in Volume 1,
            Joint Travel Regulations (1 JTR), not the
            Army regulations.  Para. M8007-2, 1 JTR,
            provides that cost of shipping household
            goods in excess of authorized weight will
            be borne by the member.  Failure of a
            transportation officer to notify member of
            excess weight is not a criteria for
            exempting a member from paying these costs.

     This action is in response to a letter dated May 8,
1980, from Major John D. Knowles, USA, requesting further
consideration of his claim for reimbursement for amounts
charged him for an excess weight shipment of household
goods incident to a permanent change-of-station assign-
ment in June 1976.

     The matter of that claim was the subject of a dis-
allowance by our Claims Division dated February 6, 1980,
for the reason that while the Government will ship all
of a member's goods presented for shipment, its maximum
obligation under the law is the cost of that shipment
which is not in excess of the member's prescribed weight
allowance.

     Major Knowles contends that under the provisions of
paragraph 5.3b of Army Regulation 55-71, the transportation
officer, if he knows the member's shipment is overweight,
has the obligation to attempt to notify the member of the
overweight, prior to shipment so that the member can make
a decision as to whether he will ship the excess goods or


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