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                              March 31, 1997
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                             GSBCA 13655-RELO


                      In the Matter of ROBERT C. BERG


    Robert C. Berg, APO Area Europe, Claimant.

    Ms. Anderson, 266th Theatre Finance Center, Department of the
Army, Heidelberg, Germany, appearing for Department of Defense.

VERGILIO, Board Judge.

    As a civilian employee, Mr. Robert C. Berg, the claimant,
changed duty stations within Germany.  The agency authorized
reimbursement of expenses incurred for the shipment of household
goods weighing up to 18,000 pounds.  Shipped goods weighed 23,601
pounds, instead of 12,000 pounds, as estimated by an agency
counselor based upon the claimant's verbal description.  The agency
has assessed Mr. Berg $1,322.74 for the excess weight.  Mr. Berg
seeks a cancellation/refund of the amount; he claims the weight
error was "completely attributable to misinformation and
misrepresentation" by the agency counselor who provided the
estimate, such that he should not be responsible for the charge. 
Statute and regulation require Mr. Berg to bear the expense of the
excess weight.

    The claimant maintains that he relied on an estimate from the
agency that he had approximately 12,000 pounds of goods to be
moved.  The estimate was based solely upon the claimant's recital
of the amount and types of property to be moved, not upon a visual
inspection.  The total shipping weight of 23,601 pounds exceeded
the 18,000 pound limitation; the agency has held the claimant
liable for charges for the excess weight.  The claimant asserts
that the assessment of overweight charges is unfair and unjust, as
he could have disposed of goods and arranged alternative means of
transportation had the initial estimate been accurate.

    The submissions suggest that the claimant has disagreed with
the actual weight determinations.  The agency conducted a
recalculation of the amount and weight of the property moved.  It
found no discrepancies in the weight.  The submissions indicate
that 23,601 pounds of household goods were moved.

    The agency recognizes that the "shipment without any doubt was
grossly underestimated by" the agency counselor.  It further notes
that the carrier "stated that during the premove inspection [it]
already estimated an amount of 24-25 van meters (approx. 24,000
lbs).  Eight pages of an inventory were needed and the total cubic
feet for all items is 3,248 cuft.  To achieve the constructive
weight this figure is to be multiplied by 7 which is a total of
22,736 lbs."  Although not relevant to this determination, it is
unclear when, or if, the carrier informed the claimant of its
weight estimate; the claimant may have had the opportunity to
utilize alternate means for transportation or chosen sale or
disposal, in order to stay within the 18,000 pounds.

    Statute authorizes an agency to pay for the transportation of
(and related activities involving) household goods and personal
effects not in excess of 18,000 pounds net weight.  5 U.S.C.
 5724(a)(2) (1994).  The statute provides no authority for payment
of costs for the movement of materials in excess of 18,000 pounds. 
The Joint Travel Regulations (JTR), applicable to Department of
Defense civilian employees, implement the statute.  The JTR specify
that the maximum weight of household goods that may be transported
or stored at Government expense is limited to 18,000 pounds net
weight.  JTR C8000-A.  For all weight in excess of the authorized
allowance, the employee must pay excess weight charges.  JTR C8002-
B.1.

    Erroneous estimates by an agency employee do not alter the
Government's obligations and authority under the statute and
regulation.  Mr. Berg is responsible for the assessed excess weight
charges.  He received the benefit of the movement of his
belongings.  He is obligated to reimburse the agency for the
charges.




                                   _______________________________
                                   JOSEPH A. VERGILIO
                                   Board Judge