Dr. Loren T. Wilkenfeld

B-265864 Dec 07, 1995 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights The employee chose to have them shipped with her household goods. Debts resulting from excess costs or excess weight charges may be considered for waiver only if the employee is able to show that the costs were incurred in reliance on an erroneous authorization from the agency. Although a representative from the carrier may have provided the employee with erroneous advice. The settlement is affirmed. Because automobiles are excluded from the types of HHG that may be shipped at government expense. Wilkenfeld acknowledges that before her goods were picked up for shipment. A VA official told her that the VA would not pay to have her vehicles shipped. That "the government would pay the carrier for the move but that charges related to the shipment of cars would have to be reimbursed by the employee.". View Decision Matter of: Dr. Loren T. Wilkenfeld File: B-265864 Date: December 7, 1995 A new employee received travel orders authorizing the shipment of her household goods from her residence to her duty station. Although the travel orders did not authorize the shipment of the employee's two vehicles, the employee chose to have them shipped with her household goods. The resulting debt for the excess costs of shipping the vehicles may not be waived. Generally, debts resulting from excess costs or excess weight charges may be considered for waiver only if the employee is able to show that the costs were incurred in reliance on an erroneous authorization from the agency. Although a representative from the carrier may have provided the employee with erroneous advice, the employee has not established that she received any erroneous advice from an agency official. DECISION Dr. Loren T. Wilkenfeld requests reconsideration of our Claims Group's settlement, Z-2942033-025, Mar. 23, 1995, denying her request for waiver of her $1,794.99 debt to her agency for excess costs incurred in the shipment of her automobiles to her duty station. The settlement is affirmed. BACKGROUND Incident to her appointment to the Department of Veterans Affairs Medical Center (VAMC) in Salisbury, North Carolina, the agency issued Dr. Wilkenfeld travel orders authorizing the shipment of her household goods (HHG) to Salisbury, from her residence in Carlsbad, California, using a government bill of lading (GBL). Although her travel orders did not authorize the shipment of her two vehicles, Dr. Wilkenfeld had the vehicles shipped to her duty station with her HHG. Because automobiles are excluded from the types of HHG that may be shipped at government expense, see Federal Travel Regulation (FTR) 41 C.F.R. Sec. 302-1.4(j)(i), the agency has sought to recover from Dr. Wilkenfeld the excess costs for the shipment of the vehicles. Dr. Wilkenfeld acknowledges that before her goods were picked up for shipment, a VA official told her that the VA would not pay to have her vehicles shipped. However, Dr. Wilkenfeld states that a representative of the carrier told her that she could ship her vehicles with her HHG for a handling charge of $113.50 per vehicle and that she verified this information with Mr. Jerry Lanning, the agency purchasing agent who arranged for the shipment of her HHG. Mr. Lanning asserts that he told Dr. Wilkenfeld, as well as other new hires, that "the government would pay the carrier for the move but that charges related to the shipment of cars would have to be reimbursed by the employee." This statement is corroborated by the GBL, issued and signed by Mr. Lanning, which is the authorization provided to the carrier. The GBL includes the statement, "Employee's car has been authorized to ship at same time as HHG move and any charges will be paid by government and then reimbursed by the employee." After the agency notified Dr. Wilkenfeld of its intention to collect the excess charges, Dr. Wilkenfeld requested that the debt be waived on the grounds that she was misled about her relocation entitlement and that she had not been properly counseled. Our Claims Group denied waiver, noting that there were no errors on Dr. Wilkenfeld's travel orders, and that the carrier's representative who misinformed Dr. Wilkenfeld was not a government employee and had no authority to speak for the agency. In her reconsideration request, Dr. Wilkenfeld again asserts that Mr. Lanning personally informed her that the agency would pay to ship her vehicles with her HHG. As proof, she submitted an copy of the "Authorization for Payment of Moving Expenses" with a handwritten note, which she says was added after she signed the form, stating "OK to have car shpd at same time, Marsha handling." ("Marsha" refers to the carrier's representative.) She also attached a copy of a memorandum from the Salisbury VAMC's chief of staff to the facility's director recommending waiver based on the recommendation of the facility's traffic manager. Dr.