Board of Contract Appeals

                 General Services Administration

                      Washington, D.C. 20405







                          _____________



                           May 3, 2005

                          _____________





                         GSBCA 16602-RELO





                 In the Matter of JEAN S. NICOLAS





     Jean S. Nicolas, Annapolis Junction, MD, Claimant.



     Shirley Lee Autry, Deputy Director, Finance Center, United States Army Corps of

Engineers, Millington, TN, appearing for Department of the Army.



GOODMAN, Board Judge.



     Claimant, Jean S. Nicolas, is a civilian employee of the Department of the Army

Corps of Engineers.  He has asked this Board to review the agency's claim for an alleged

debt he owes the agency arising out of his permanent change of station (PCS) transfer.



                       Factual Background



     Claimant was issued PCS orders dated April 24, 2004, to transfer from Camp Zama,

Japan, to Elkridge, Maryland.  The travel orders authorized shipment of household goods

(HHG) and stated, "Unaccompanied Baggage [UB] authorized NTE [not to exceed] 350 lbs

per traveler 12 years and over and 175 lbs for each child under 12 years.  (Cannot exceed

1,000 [lbs] per family)."  



     Claimant traveled with his wife and two children under the age of twelve and reported

to his new duty station in July 2004.  Their UB was shipped by air transportation.  The

shipping documents stated that the gross weight of the UB was 1300 pounds and the net

weight was 1070 pounds.  The shipping company billed the agency for shipping 1300

pounds, calculated by gross weight.  The agency paid the shipping company and then

determined that claimant had exceeded the maximum allowed for transporting UB by 300

pounds.  The agency issued a notice of debt to claimant for $414.41 for the excessive weight

shipped.   Claimant alleges that the agency erroneously calculated the excess UB based upon

gross weight, rather than the net weight of 1070 pounds.  He further claims that the net

weight of his family's UB did not exceed the UB weight limitation.



                           Discussion



     Under the Joint Travel Regulations (JTR), the Government's authority is to pay the

actual costs of shipping HHG by the authorized method up to a maximum of 18,000 pounds,

including unaccompanied baggage, if any.  JTR C8000 (July 2004).  Additionally,

unaccompanied baggage weight is part of the total authorized HHG weight allowance.  The

unaccompanied baggage weight allowance is 350 pounds net weight for each adult and

dependent twelve years of age and older, and 175 pounds net weight for each child under

twelve years of age.  However, the total amount of unaccompanied baggage transported by

air transportation may not exceed 1000 pounds net weight.  JTR C8020-B, -D.1.a.  These

regulatory limits are stated in claimant's travel orders. 



     Claimant is correct that the agency is required to use net weight to calculate excessive

UB.  According to the JTR, the allowances for shipments of both HHG and UB are based

upon net weight.  JTR C8100.  In Kellis L. Nobles, GSBCA 16066-RELO, 04-1 BCA 

 32,436 (2003), we cited this requirement of the JTR and held that:



     The statute and implementing regulations governing shipment of household

     goods authorize shipment of 18,000 pounds net weight of HHG when an

     employee relocates in the interest of the Government. . . .  If the additional

     charge is indeed based on the gross, rather than on the net, weight of the

     unaccompanied baggage, then [claimant] . . . should not be required to pay this

     additional amount. 



04-1 BCA at 160,496.



     Claimant states and the shipping documents confirm that the net weight of his family's

UB was 1070 pounds.  He asserts that this amount is within the limit established by the JTR

for himself, his spouse, and two dependents under twelve.  Claimant fails to consider the

1000 pound net weight limitation for UB shipped by air.  He is therefore liable for seventy

pounds of excessive UB. 

                             Decision



     The claim is granted in part.  Claimant is liable for seventy pounds of excessive UB,

not 300 pounds as sought by the agency.  The agency should recalculate claimant's liability

and bill him accordingly.









                                   ___________________________________

                                   ALLAN H. GOODMAN

                                   Board Judge