Skip to main content

B-155210, MAR. 3, 1965

B-155210 Mar 03, 1965
Jump To:
Skip to Highlights

Highlights

RETIRED: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 15. YOUR CLAIM WAS THE SUBJECT OF OUR DECISION. IN OUR DECISION WE STATED THAT THE QUESTION OF WHETHER THE WEIGHT OF YOUR HOUSEHOLD EFFECTS EXCEEDED YOUR AUTHORIZED WEIGHT ALLOWANCE WAS A MATTER PRIMARILY FOR ADMINISTRATIVE DETERMINATION. WE EXPLAINED THAT THE RECORD FURNISHED US BY THE ADMINISTRATIVE OFFICE SHOWED THAT AFTER THE GOODS WERE LOADED FOR SHIPMENT THEY WERE WEIGHED IN DENVER. LATER THIS WAS ADMINISTRATIVELY REDUCED BY 70 POUNDS AND YOU WERE CHARGED FOR EXCESS WEIGHT COMPUTED ON THAT BASIS. THE GOODS WERE PLACED IN TEMPORARY STORAGE WITH THE GAINESVILLE BONDED WAREHOUSE. YOU SAY YOU HAD THE GOODS REWEIGHED AND THE WEIGHT WAS 7.

View Decision

B-155210, MAR. 3, 1965

TO LIEUTENANT COLONEL STEED ROUNTREE, USAF, RETIRED:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 15, 1965, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR $47.73 (NOW REDUCED TO $47.14) AS PARTIAL REIMBURSEMENT OF THE EXCESS COST OF $208.81 CHARGED TO YOU ON ACCOUNT OF THE SHIPMENT OF YOUR HOUSEHOLD GOODS FROM AURORA, COLORADO, TO GAINESVILLE, FLORIDA, IN JUNE 1961, INCIDENT TO YOUR SERVICE IN THE UNITED STATES AIR FORCE. YOUR CLAIM WAS THE SUBJECT OF OUR DECISION, B-155210, DATED NOVEMBER 24, 1964, IN WHICH WE SUSTAINED THE SETTLEMENT OF SEPTEMBER 3, 1964, DISALLOWING YOUR CLAIM.

IN OUR DECISION WE STATED THAT THE QUESTION OF WHETHER THE WEIGHT OF YOUR HOUSEHOLD EFFECTS EXCEEDED YOUR AUTHORIZED WEIGHT ALLOWANCE WAS A MATTER PRIMARILY FOR ADMINISTRATIVE DETERMINATION. WE EXPLAINED THAT THE RECORD FURNISHED US BY THE ADMINISTRATIVE OFFICE SHOWED THAT AFTER THE GOODS WERE LOADED FOR SHIPMENT THEY WERE WEIGHED IN DENVER, COLORADO--- ON SCALES AT THE NATIONAL IRON AND METAL COMPANY--- THE WEIGHT BEING SHOWN AS 8,140 POUNDS. LATER THIS WAS ADMINISTRATIVELY REDUCED BY 70 POUNDS AND YOU WERE CHARGED FOR EXCESS WEIGHT COMPUTED ON THAT BASIS. UPON ARRIVAL AT GAINESVILLE, FLORIDA, THE GOODS WERE PLACED IN TEMPORARY STORAGE WITH THE GAINESVILLE BONDED WAREHOUSE, INC. WHEN REMOVED FROM STORAGE IN AUGUST 1961, YOU SAY YOU HAD THE GOODS REWEIGHED AND THE WEIGHT WAS 7,670 POUNDS WHICH DID NOT INCLUDE CERTAIN GARDEN TOOLS AND A POWER LAWN MOWER WHICH YOU HAD PREVIOUSLY REMOVED FROM STORAGE AND WHICH THE WAREHOUSE OFFICIALS ESTIMATED AS WEIGHING 400 POUNDS.

YOU HAVE NOW FURNISHED A STATEMENT FROM THE WAREHOUSE COMPANY TO THE EFFECT THAT ON DECEMBER 7, 1964, YOU BROUGHT TO THEM A LAWN MOWER AND GARDEN TOOLS THAT WERE REMOVED FROM YOUR LOT OF GOODS PRIOR TO THE REWEIGHING AND DELIVERY OF THE OTHER GOODS IN 1961, AND THAT THEY WEIGHED 68 POUNDS.

WHILE APPRECIATING YOUR VIEWS, THE WEIGHING OF GOODS MORE THAN 3 YEARS AFTER SHIPMENT AND DELIVERY OF ITSELF AFFORDS NO PROPER BASIS FOR A CONCLUSION BY US THAT THE WEIGHT OF THE GOODS WAS NOT AS SHOWN BY THE WEIGHT CERTIFICATE WHEN THE GOODS WERE WEIGHED AT THE TIME OF SHIPMENT. NO EVIDENCE HAS BEEN FURNISHED TO INDICATE THAT ANY OFFICIAL RECORD WAS MADE OF THE GOODS WHICH YOU REMOVED FROM STORAGE BEFORE DELIVERY OF THE REMAINDER OF SUCH EFFECTS. NEITHER DOES THE RECORD SHOW WHETHER ANY PACKING WAS REMOVED WITH THE GOODS. CONSEQUENTLY, WE MAY NOT CONCLUDE CONTRARY TO THE OFFICIAL AIR FORCE RECORDS THAT YOUR GOODS WEIGHED ONLY 7,738 POUNDS (7,670 POUNDS PLUS 68 POUNDS) WHEN SHIPPED FROM COLORADO AND THAT YOU ARE ENTITLED TO A REFUND COMPUTED ON THAT BASIS.

EVEN IF THE RECORD SHOWED THAT ALL OF THE GOODS HAD BEEN REMOVED FROM THE WAREHOUSE AT THE SAME TIME AND WEIGHED TOGETHER--- REFLECTING A WEIGHT OF 7,738 POUNDS--- A REFUND ON THE BASIS OF THAT WEIGHT WOULD NOT BE AUTHORIZED IN THE ABSENCE OF SUBSTANTIATING EVIDENCE TO SHOW THAT THE SCALES AT GAINESVILLE WEIGHED CORRECTLY AND THAT THE WEIGHT SHOWN BY THE SCALES AT DENVER WAS IN ERROR. IN THIS CONNECTION, IT IS RECOGNIZED THAT WHEN HOUSEHOLD GOODS ARE WEIGHED ON DIFFERENT SCALES OF THIS TYPE AFTER LONG INTERVENING PERIODS, SOME VARIATION IN WEIGHTS MAY OCCUR BECAUSE OF CERTAIN FACTORS SUCH AS ADJUSTMENT OF THE SCALES, MOISTURE CONTENT, ETC. CONSEQUENTLY, SINCE THE CARRIER WAS PAID ON THE BASIS OF THE WEIGHT SHOWN BY THE DENVER SCALES, WE MAY NOT CONCLUDE, ON THE RECORD BEFORE US, THAT YOUR INDEBTEDNESS FOR EXCESS WEIGHT WAS ERRONEOUSLY COMPUTED ON THE BASIS OF SUCH WEIGHT AS ADMINISTRATIVELY ADJUSTED. THEREFORE OUR DECISION OF NOVEMBER 24, 1964, IS AFFIRMED.

WITH REFERENCE TO THE FURTHER PURSUIT OF YOUR CLAIM, YOU ARE ADVISED THAT UNDER THE PROVISIONS OF 31 U.S.C. 71, THE SETTLEMENT OF CLAIMS AGAINST THE GOVERNMENT OF THE UNITED STATES IS THE RESPONSIBILITY OF THE GENERAL ACCOUNTING OFFICE AND OUR DECISIONS WITH RESPECT TO SUCH CLAIMS ARE CONCLUSIVE ON THE EXECUTIVE BRANCH OF THE GOVERNMENT. SEE IN THIS CONNECTION, 31 U.S.C. 74. HOWEVER, CERTAIN CLAIMS MAY BE THE BASIS OF SUITS IN THE UNITED STATES COURT OF CLAIMS. SUCH SUITS MUST BE FILED WITHIN 6 YEARS AFTER THE CLAIM FIRST ACCRUED. SEE 28 U.S.C. 2501.

GAO Contacts

Office of Public Affairs