B-194315, OCT 24, 1979
Highlights
SUCH EVIDENCE IS NOT SUFFICIENT TO SHOW THAT AN ERROR EXISTED IN THE WEIGHT SUBSTANTIATED BY SHIPPING DOCUMENTS IN A PREVIOUS MOVE. THAT SETTLEMENT THE CLAIMS DIVISION UPHELD A DETERMINATION BY THE DEPARTMENT OF THE AIR FORCE THAT SERGEANT METRAS WAS INDEBTED TO THE UNITED STATES IN THE AMOUNT OF $540.95. HE WAS CHARGED $540.95 FOR THE EXCESS AMOUNT. IN HIS APPEAL SERGEANT METRAS STATES THAT HE WAS TRANSFERRED FROM ELLSWORTH AFB 6 MONTHS AFTER ARRIVING THERE AND EXPERIENCED NO OVERWEIGHT PROBLEMS AT THAT TIME. FOR THAT REASON HE APPARENTLY BELIEVES THE EXCESS WEIGHT DETERMINATION ON HIS PRIOR MOVE WAS IN ERROR. THE QUESTION OF WHETHER AND TO WHAT EXTENT AUTHORIZED WEIGHTS HAVE BEEN EXCEEDED IN THE SHIPMENT OF HOUSEHOLD GOODS IS A MATTER PRIMARILY FOR ADMINISTRATIVE DETERMINATION BY THE AGENCY OR DEPARTMENT CONCERNED.
B-194315, OCT 24, 1979
DIGEST: AIR FORCE MEMBER'S CLAIM FOR CHARGES COLLECTED FROM HIM FOR EXCESS WEIGHT OF HIS HOUSEHOLD GOODS SHIPMENT MAY NOT BE ALLOWED BASED ON EVIDENCE OF THE WEIGHT OF HOUSEHOLD GOODS SHIPPED IN A SUBSEQUENT MOVE. SUCH EVIDENCE IS NOT SUFFICIENT TO SHOW THAT AN ERROR EXISTED IN THE WEIGHT SUBSTANTIATED BY SHIPPING DOCUMENTS IN A PREVIOUS MOVE.
STAFF SERGEANT JOHN R. METRAS, USAF:
BY A LETTER DATED DECEMBER 10, 1978, STAFF SERGEANT JOHN R. METRAS APPEALED THE SETTLEMENT OF OUR CLAIMS DIVISION, ISSUED JULY 7, 1978. THAT SETTLEMENT THE CLAIMS DIVISION UPHELD A DETERMINATION BY THE DEPARTMENT OF THE AIR FORCE THAT SERGEANT METRAS WAS INDEBTED TO THE UNITED STATES IN THE AMOUNT OF $540.95. THE DEBT AROSE FROM THE SHIPMENT OF SERGEANT METRAS' HOUSEHOLD GOODS FROM UPPER HEYFORD AIR BASE, UNITED KINGDOM, TO ELLSWORTH AIR FORCE BASE (AFB), SOUTH DAKOTA, IN 1972. THE RECORD SHOWS THAT WEIGHT OF SERGEANT METRAS' HOUSEHOLD GOODS (SUBSTANTIATED BY WEIGHT CERTIFICATE AND SHIPPING DOCUMENTS), LESS ALLOWANCES FOR PACKING MATERIALS, EXCEEDED HIS AUTHORIZED ALLOWANCE BY 699 POUNDS. AS A RESULT, HE WAS CHARGED $540.95 FOR THE EXCESS AMOUNT.
IN HIS APPEAL SERGEANT METRAS STATES THAT HE WAS TRANSFERRED FROM ELLSWORTH AFB 6 MONTHS AFTER ARRIVING THERE AND EXPERIENCED NO OVERWEIGHT PROBLEMS AT THAT TIME. FOR THAT REASON HE APPARENTLY BELIEVES THE EXCESS WEIGHT DETERMINATION ON HIS PRIOR MOVE WAS IN ERROR.
THE QUESTION OF WHETHER AND TO WHAT EXTENT AUTHORIZED WEIGHTS HAVE BEEN EXCEEDED IN THE SHIPMENT OF HOUSEHOLD GOODS IS A MATTER PRIMARILY FOR ADMINISTRATIVE DETERMINATION BY THE AGENCY OR DEPARTMENT CONCERNED. THAT DETERMINATION WILL NOT BE QUESTIONED BY THE GENERAL ACCOUNTING OFFICE IN THE ABSENCE OF EVIDENCE SHOWING IT CLEARLY TO BE IN ERROR. SEE 46 COMP. GEN. 740 (1967); 51 ID. 541 (1972); B-190541, NOVEMBER 28, 1977; B-189888, MARCH 22, 1978.
EVIDENCE OF THE WEIGHT OF HOUSEHOLD GOODS SHIPPED IN A PRIOR OR SUBSEQUENT MOVE IS NOT SUFFICIENT TO SHOW THAT THE WEIGHT ESTABLISHED BY SHIPPING DOCUMENTS IN A PARTICULAR MOVE IS ERRONEOUS. SEE B-162530, MARCH 13, 1970; B-175484, JULY 26, 1972; B-189015, SEPTEMBER 6, 1977; B-189575, NOVEMBER 4, 1977; B-190531, NOVEMBER 28, 1977; B-193856, APRIL 12, 1978.
ACCORDINGLY, THE SETTLEMENT OF THE CLAIMS DIVISION DISALLOWING THE CLAIM IS SUSTAINED.