December 17, 2008

CBCA 1360-RELO

In the Matter of DAVID K. WALTERSCHEID

David K. Walterscheid, Fort Worth, TX, Claimant.

Anne M. Schmitt-Shoemaker, Deputy Director, Finance Center, Army Corps of Engineers, Department of the Army, Millington, TN, appearing for Department of the Army.

VERGILIO, Board Judge.

On September 26, 2008, the Board received a claim from David K. Walterscheid (claimant), a civilian employee of the Department of Defense. The claimant seeks to reverse the determination by the Department of the Army (Government) that demands payment of $2185.84, plus an administrative fee and interest, arising from the claimant=s permanent change of station within the continental United States. Household goods (HHG) were packed and moved in June 2008, and delivered in July 2008. The claimant=s HHG weighed 22,600 pounds. By statute, 5 U.S.C. ' 5724(a)(2) (2000) (also expressed in implementing regulations, 41 CFR 302-7.2, -7.5 (2007), the claimant assumed liability for the associated relocation costs incurred for the weight in excess of 18,000 pounds. The Government correctly determined and calculated the claimant=s liability for the excess weight. The inaccurate weight estimates by estimators, movers, and the claimant do not affect ultimate liability. Steven P. Shafran, CBCA 656-RELO, 07-2 BCA & 33,603; John F. Tefft, GSBCA 14740-RELO, 99-1 BCA & 30,292; Robert C. Berg, GSBCA 13655-RELO, 97-1 BCA & 28,939. The claimant must reimburse the Government for the costs and charges assessed.

The Board denies the claim.

____________________________

JOSEPH A. VERGILIO

Board Judge