B-151567, NOV. 13, 1963

B-151567, NOV. 13, 1963

TO MR. JOSEPH D. LAFLEUR, JR.:

YOUR LETTER OF OCTOBER 20, 1963, REFERS FURTHER TO YOUR INDEBTEDNESS TO THE UNITED STATES IN THE SUM OF $173.59 ARISING FROM YOUR SERVICE AS CAPTAIN, U.S. ARMY.

IN DECISION OF AUGUST 1, 1963, B-151567, YOU WERE ADVISED THAT THE EXCESS COST OF SHIPPING YOUR HOUSEHOLD EFFECTS HAD BEEN REDUCED BY ALLOWING 400 POUNDS FOR PROFESSIONAL BOOKS AND PAPERS, WHICH WEIGHT YOU HAD INDICATED ON YOUR APPLICATION FOR SHIPMENT AND THAT THERE IS NO EVIDENCE THAT YOUR PROFESSIONAL BOOKS WEIGHED MORE THAN THE 400 POUNDS AS INDICATED IN YOUR APPLICATION. ALSO, YOU ALLEGED THAT THE SHIPMENT INCLUDED ITEMS YOU DID NOT DESIRE TO HAVE SHIPPED. IN DECISION OF OCTOBER 14, 1963, B-151567, WE ADVISED YOU THAT WE HAD CONTACTED THE CARRIER AND THAT IT APPEARS FROM THE INFORMATION AND DOCUMENTS FURNISHED THAT THE CARRIER MOVED THE EFFECTS YOU DESIRED TO HAVE MOVED AND THAT THE SHIPMENT EXCEEDED YOUR WEIGHT ALLOWANCE AS PREVIOUSLY EXPLAINED. ALSO, WE INQUIRED AS TO THE DISPOSITION TO BE MADE OF THE CHECK IN THE AMOUNT OF $18.02 WHICH YOU HAD SUBMITTED. YOUR PRESENT LETTER YOU SAY THAT YOU NOW ESTIMATE YOUR PROFESSIONAL BOOKS AND PAPERS WEIGH 1,100 POUNDS AND THAT YOU ESTIMATE THE WEIGHT OF HOUSEHOLD EFFECTS YOU ACTUALLY SHIPPED AS 1,000 POUNDS LESS THAN SHOWN ON THE BILL OF LADING. THEREFORE, YOU CONTEND THE EXCESS WEIGHT SHOULD BE REDUCED BY 1,700 POUNDS (2,100 LESS 400); THAT YOUR INDEBTEDNESS SHOULD BE REDUCED BY $111.66, AND SAY THAT YOU ARE WILLING TO PAY THE BALANCE OF $61.93 IN LIEU OF THE $18.02 PREVIOUSLY OFFERED.

PARAGRAPH 8003 OF THE JOINT TRAVEL REGULATIONS IN EFFECT WHEN YOUR ORDERS WERE ISSUED PROVIDES THAT WHEN PROFESSIONAL BOOKS, PAPERS, AND EQUIPMENT ARE CERTIFIED BY THE MEMBER AS NECESSARY IN THE PERFORMANCE OF HIS OFFICIAL DUTIES THEY MAY BE SHIPPED WITHOUT LIMITATION AS TO THE WEIGHT OF SUCH BOOKS, PAPERS, AND EQUIPMENT. THE REGULATION FURTHER PROVIDES THAT SUCH BOOKS, PAPERS, AND EQUIPMENT WILL BE PACKED SEPARATELY AND THE CONTAINERS WILL BE MARKED "PROFESSIONAL BOOKS, PAPERS AND EQUIPMENT," AND THE WEIGHT OF SUCH CONTAINERS WILL BE SHOWN SEPARATELY ON THE BILLS OF LADING OR OTHER SHIPPING DOCUMENTS.

IN YOUR CASE THE RECORD DOES NOT SHOW THAT YOUR PROFESSIONAL BOOKS, PAPERS, AND EQUIPMENT WERE PLACED IN SEPARATELY MARKED CONTAINERS AND THEY WERE NOT WEIGHED SEPARATELY. THE ONLY DOCUMENT ON WHICH THE WEIGHT WAS SHOWN WAS THE APPLICATION FOR SHIPMENT ON WHICH YOU STATED THAT THE WEIGHT WAS 400 POUNDS. ON THAT APPLICATION YOU CERTIFIED THAT THESE WERE THE GOODS IN YOUR POSSESSION PRIOR TO THE EFFECTIVE DATE OF YOUR ORDERS AND AGREED THAT YOU WOULD PAY ANY EXCESS COST OCCASIONED BY THE SHIPMENT. YOUR PRESENT ESTIMATE OF 1,100 POUNDS MAY NOT BE ACCEPTED AS EVIDENCE OF THE WEIGHT OF PROFESSIONAL BOOKS, PAPERS, AND EQUIPMENT ACTUALLY SHIPPED IN THE ABSENCE OF EVIDENCE ON SHIPPING DOCUMENTS THAT THE ORIGINALLY SHOWN WEIGHT OF 400 POUNDS WAS ERRONEOUS. ALSO, THERE IS NO EVIDENCE TO SUPPORT YOUR ESTIMATE THAT THE WEIGHT SHOWN IS AT LEAST 1,000 POUNDS OVER THE ACTUAL WEIGHT OF HOUSEHOLD EFFECTS THAT WERE MOVED. THE WEIGHT OF THE GOODS WAS DETERMINED BY ACTUALLY WEIGHING THEM, AND YOUR INDEBTEDNESS MUST BE DETERMINED ON THE BASIS OF THE WEIGHT AS THUS ESTABLISHED IN THE ABSENCE OF EVIDENCE CLEARLY SHOWING THAT SUCH WEIGHT IS ERRONEOUS.

SINCE YOUR LETTER AFFORDS NO BASIS FOR RECOMPUTING, YOUR INDEBTEDNESS THE INDEBTEDNESS IN THE AMOUNT OF $173.59 SHOULD BE LIQUIDATED PROMPTLY. YOUR CHECK IN THE SUM OF $18.02 WILL BE HELD PENDING FURTHER ADVICE.