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                               April 9, 1997
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                             GSBCA 13819-RELO


                    In the Matter of PAMELA J. WHITMORE


    Pamela J. Whitmore, APO Area Pacific, Claimant.

    Paul Wolfe, Chief, Personnel Center, Department of Defense
Education Activity, Arlington, VA, appearing for Department of
Defense.

VERGILIO, Board Judge.

    The claimant, Ms. Pamela J. Whitmore, departed Cuba under an
evacuation order.  The Government authorized payment for the
shipment of household goods and personal effects not in excess of
18,000 pounds.  The agency has assessed Ms. Whitmore charges for
exceeding that weight by 3,331 pounds.  That weight is said to be
attributable to goods Ms. Whitmore did not want shipped, but had
earmarked for disposal.  Packing and shipping occurred after her
departure.  However, she accepted all goods delivered as her goods. 
Statute does not authorize the Government to pay costs relating to
shipment of goods in excess of 18,000 pounds.  The agency
appropriately has held Ms. Whitmore responsible for her share of
the expenses associated with excess weight.

    Ms. Whitmore was a teacher employed by the Department of
Defense Dependents Schools in Cuba, as a civilian, affected by an
evacuation/stop movement order issued by the United States on
August 26, 1994.  Through an agency-issued travel authorization for
Ms. Whitmore, as amended on August 28, Ms. Whitmore was authorized
to depart (with her spouse) at Government expense; she was not to
return to Cuba.  On September 3, she departed Cuba, having amassed
her household goods (HHG) for shipment by the Government.  The
agency states: "Because she did not have time to sell any of her
household goods, those items which she no longer needed or did not
wish to ship were clearly identified to be discarded or given to
refugees.  Included were such items as nonprofessional books,
magazines, records, two air conditioners, gardening tools, patio
tables, and an aquarium."

    Prior to Ms. Whitmore's departure, a member of the packing
company inspected her household goods and estimated the weight as
between 12,000 and 13,000 pounds.  Ms. Whitmore departed. 
Thereafter, her goods were packed and sent to storage, and then on
to her home of record and elsewhere.  The agency states that when
Ms. Whitmore returned to her home of record, upon delivery of the
goods, she discovered that "all of the items she had identified to
be discarded or given to refuges in Cuba had erroneously been
included in her household goods shipment."

    The weight of goods shipped was 25,721 pounds, an amount in
excess of the 18,000 pounds for which the Government pays for
movement, 5 U.S.C.  5724(a)(2) (1994).  The agency determined that
4,390 pounds of professional books, paper, and equipment were
shipped; hence, that amount was not to be included in the 18,000
pound weight limitation.  The agency assessed $692.94 for excess
weight charges on 3,331 pounds.  Ms. Whitmore has paid the debt,
but requests reimbursement, alleging that the excess weight
occurred because of circumstances beyond her control.

    Ms. Whitmore has accepted all of the goods delivered, with
their inherent value.  She did not refuse receipt or delivery of
any of the goods.  Had she rejected the goods whose shipment she
did not approve, one could conclude that she need not be held
responsible for the shipment of goods which are not hers.  However,
having accepted the goods, the weight of those goods must be
calculated as part of her property.  The above cited statute
establishes 18,000 pounds as the maximum weight of household goods
and personal effects for which the Government will pay expenses. 
The employee is responsible for her share of charges relating to
any excess weight.  The agency has properly found Ms. Whitmore so
indebted to the Government.



                                    ____________________________
                                         JOSEPH A. VERGILIO
                                         Board Judge