B-147921, FEB. 19, 1962
Highlights
THE RECORD SHOWS YOU WERE AUTHORIZED TO TRANSPORT 7. 000 POUNDS $123.91 WAS DEDUCTED FROM YOUR COMPENSATION BY THE ADMINISTRATIVE OFFICE AS A PAYROLL DEDUCTION TO REIMBURSE THE GOVERNMENT FOR THE COST OF THE EXCESS WEIGHT OF THE SHIPMENT. YOU CLAIM REIMBURSEMENT FOR THE AMOUNT OF THIS DEDUCTION BECAUSE YOU SAY THE GOVERNMENT WAS OVERCHARGED BY THE CARRIER FOR SERVICES NOT RENDERED OR NOT REQUIRED. A FURTHER CLAIM OF $38.20 IS MADE FOR DAMAGE TO YOUR PROPERTY AND $91.45 FOR CERTAIN GOODS WHICH YOU SAY WERE LOST IN TRANSIT. YOU ALSO SAY YOU HAVE BEEN REIMBURSED BY THE CARRIER FOR A PORTION OF THE LOSS AND DAMAGE TO YOUR GOODS AND THE AMOUNTS STATED ARE IN ADDITION TO SUCH REIMBURSEMENT. REGARDING THE ALLEGED OVERPAYMENT BY THE GOVERNMENT YOU SAY THAT THE CARRIER USED A CIRCUITOUS ROUTE FROM SEATTLE TO PORT ANGELES WHEREAS A MORE DIRECT ROUTE WOULD HAVE ELIMINATED 20 MILES.
B-147921, FEB. 19, 1962
TO MR. LELAND W. SMITH:
YOUR LETTER OF DECEMBER 19, 1961, REQUESTS REVIEW OF OUR SETTLEMENT OF DECEMBER 11, 1961, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF $253.61 RELATING TO THE SHIPMENT OF YOUR HOUSEHOLD GOODS FROM ALASKA TO PORT ANGELES, WASHINGTON, AS AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY.
THE RECORD SHOWS YOU WERE AUTHORIZED TO TRANSPORT 7,000 POUNDS NET OF HOUSEHOLD GOODS FROM ELMENDORF AIR FORCE BASE, ALASKA, TO MIAMI, FLORIDA, UPON YOUR COMPLETION OF A MINIMUM PERIOD OF SERVICE WITH THE DEPARTMENT IN ALASKA. YOU SHIPPED 7,640 POUNDS NET TO PORT ANGELES ON A GOVERNMENT BILL OF LADING. FOR THE EXCESS WEIGHT OVER 7,000 POUNDS $123.91 WAS DEDUCTED FROM YOUR COMPENSATION BY THE ADMINISTRATIVE OFFICE AS A PAYROLL DEDUCTION TO REIMBURSE THE GOVERNMENT FOR THE COST OF THE EXCESS WEIGHT OF THE SHIPMENT.
YOU CLAIM REIMBURSEMENT FOR THE AMOUNT OF THIS DEDUCTION BECAUSE YOU SAY THE GOVERNMENT WAS OVERCHARGED BY THE CARRIER FOR SERVICES NOT RENDERED OR NOT REQUIRED. A FURTHER CLAIM OF $38.20 IS MADE FOR DAMAGE TO YOUR PROPERTY AND $91.45 FOR CERTAIN GOODS WHICH YOU SAY WERE LOST IN TRANSIT. YOU ALSO SAY YOU HAVE BEEN REIMBURSED BY THE CARRIER FOR A PORTION OF THE LOSS AND DAMAGE TO YOUR GOODS AND THE AMOUNTS STATED ARE IN ADDITION TO SUCH REIMBURSEMENT.
REGARDING THE ALLEGED OVERPAYMENT BY THE GOVERNMENT YOU SAY THAT THE CARRIER USED A CIRCUITOUS ROUTE FROM SEATTLE TO PORT ANGELES WHEREAS A MORE DIRECT ROUTE WOULD HAVE ELIMINATED 20 MILES. ALSO, YOU POINT OUT THAT THE TARIFF FOR THE SHIPMENT BETWEEN THESE POINTS WAS BASED UPON 8,000 POUNDS WHEREAS THE ACTUAL WEIGHT OF THE GOODS WAS 7,640 POUNDS. ADDITION, YOU SAY THAT APPROXIMATELY 200 POUNDS OF YOUR EFFECTS WERE NOT RECEIVED AT PORT ANGELES AND THEREFORE THAT THE WEIGHT OF THESE GOODS SHOULD HAVE BEEN DEDUCTED FROM THE NET WEIGHT OF THE SHIPMENT. YOU BELIEVE, IN VIEW OF THE ABOVE, THAT A RECOMPUTATION OF THE SHIPPING COSTS WOULD REDUCE YOUR INDEBTEDNESS DUE THE GOVERNMENT FOR THE COST OF THE EXCESS WEIGHT AND THEREFORE THAT YOU WOULD BE ENTITLED TO A REFUND OF SOME PART OF THE AMOUNT COLLECTED FROM YOU BY THE ADMINISTRATIVE OFFICE.
THE HOUSEHOLD GOODS CARRIER'S BUREAU MILEAGE GUIDE NO. 6, IN EFFECT AT THE TIME OF YOUR SHIPMENT, SHOWS THE MILEAGE BETWEEN SEATTLE AND PORT ANGELES AS 182 MILES. THIS GUIDE IS USED BY THE CARRIERS AS WELL AS THE GOVERNMENT AS THE STANDARD FOR DISTANCE BETWEEN LOCATIONS WITHIN THE CONTINENTAL UNITED STATES IN THE TRANSPORTATION OF HOUSEHOLD GOODS BY COMMERCIAL CARRIERS. THUS, REGARDLESS OF THE ROUTE USED THE GOVERNMENT'S LIABILITY WOULD BE GOVERNED BY THE MILEAGE SHOWN IN THE GUIDE. ALTHOUGH YOUR GOODS WERE SHIPPED AT 8,000 POUNDS, SINCE THEIR ACTUAL WEIGHT EXCEEDED 7,000 POUNDS, YOU WERE GIVEN THE BENEFIT OF A COMPUTATION AT A LOWER TARIFF RATE FOR 8,000 POUNDS. THE RESULTING COST IN THE AGGREGATE AMOUNTED TO LESS THAN THE TOTAL COST WHICH WOULD HAVE RESULTED HAD THERE BEEN USED THE HIGHER TARIFF RATE APPLICABLE TO THE ACTUAL WEIGHT OF THE GOODS, LESS 200 POUNDS, THE WEIGHT OF THE GOODS REPORTEDLY LOST IN TRANSIT. THE RESULT WAS A SAVING TO YOU AND TO THE GOVERNMENT.
REGARDING THE MATTER OF LOSS AND DAMAGE TO YOUR GOODS WE CONSISTENTLY HAVE RULED THAT CLAIMS FOR SUCH LOSS OR DAMAGE TO AN EMPLOYEE'S HOUSEHOLD EFFECTS WHICH ARE SHIPPED UNDER ARRANGEMENTS MADE BY A GOVERNMENT AGENCY AND UNDER A GOVERNMENT BILL OF LADING, WHICH LIMITS THE CARRIER'S LIABILITY, IS NOT AN OBLIGATION OR LIABILITY OF THE GOVERNMENT, EVEN THOUGH THE EMPLOYEE IS UNABLE TO COLLECT FROM THE PACKING COMPANY OR THE CARRIER. SEE 38 COMP. GEN. 314, B-137468, COPY ENCLOSED.
AFTER AN AUDIT OF THE GOVERNMENT BILL OF LADING HAD DISCLOSED THAT THE EFFECTS WERE TRANSPORTED IN ACCORDANCE WITH THE ROUTING INSTRUCTIONS, THAT THE PROPER TARIFF RATE WAS USED AND THAT THE CHARGES MADE BY THE CARRIER WERE CORRECT, THE GOVERNMENT THEN BECAME OBLIGATED TO PAY THE CARRIER FOR THE AMOUNT STATED ON THE BILL OF LADING.
IN VIEW OF THE ABOVE, THERE IS NO AUTHORITY WHEREBY THE GOVERNMENT MAY REIMBURSE YOU FOR THE AMOUNT DEDUCTED FROM YOUR COMPENSATION TO LIQUIDATE YOUR INDEBTEDNESS FOR THE COST OF THE EXCESS WEIGHT OF THE SHIPMENT OR REIMBURSE YOU FOR THE LOSS AND DAMAGE TO YOUR PROPERTY WHILE IN TRANSIT.
THEREFORE, THE DISALLOWANCE OF YOUR CLAIM WAS PROPER, AND, UPON REVIEW, THE SETTLEMENT IS SUSTAINED.
YOU FURTHER REQUEST THAT ALL THE DOCUMENTS IN YOUR ORIGINAL CLAIM BE RETURNED TO YOU IN THE EVENT YOU WOULD LIKE TO PRESENT SUCH INFORMATION TO HIGHER AUTHORITY FOR FURTHER INVESTIGATION. HOWEVER, THESE DOCUMENTS ARE A PART OF THE PERMANENT RECORDS OF OUR OFFICE CONCERNING YOUR CLAIM AND MAY NOT, THEREFORE, BE RETURNED. ALSO, THE DECISIONS OF OUR OFFICE ARE FINAL AND CONCLUSIVE UPON THE EXECUTIVE BRANCH OF THE GOVERNMENT (31 U.S.C. 74), AND THERE IS NO PROCEDURE PRESCRIBED FOR APPEALING FROM SUCH DECISIONS. HOWEVER, WE DIRECT YOUR ATTENTION TO THE PROVISIONS OF 28 U.S.C. 1346; ID. 1491, CONCERNING MATTERS COGNIZABLE IN THE DISTRICT COURTS OF THE UNITED STATES ..END :