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B-156396, JUN. 8, 1965

B-156396 Jun 08, 1965
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TUCKER: FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 12. YOUR HOUSEHOLD GOODS WERE PICKED UP FOR SHIPMENT FROM YOUR RESIDENCE IN RISING SUN. DELIVERY OF SUCH GOODS TO YOUR RESIDENCE IN SAN DIEGO WAS EFFECTED ON OCTOBER 10. YOU WERE CHARGED WITH $240.71. YOU PROTESTED THIS CHARGE AND AFTER THAT AMOUNT WAS DEDUCTED FROM YOUR PAY YOU PRESENTED A CLAIM TO OUR CLAIMS DIVISION BY LETTER OF MAY 19. THAT ONE MONTH PRIOR TO THE DELIVERY OF THE HOUSEHOLD GOODS YOU MADE A SINCERE EFFORT TO HAVE SUCH GOODS WEIGHED BY A "LOCAL HOUSEHOLD GOODS OFFICER" BECAUSE OF THE BELIEF THAT THE WEIGHT THEREOF DID NOT EXCEED YOUR AUTHORIZED WEIGHT ALLOWANCE. FOR THE REASONS THAT YOUR CONTENTION THAT THE PRIOR SHIPMENT OF YOUR HOUSEHOLD GOODS DID NOT EXCEED YOUR AUTHORIZED WEIGHT ALLOWANCE DID NOT OVERCOME THE CARRIER'S WEIGHT CERTIFICATE SHOWING THE WEIGHT OF THE SHIPMENT AS PACKED AND THAT THE RECORD DID NOT SHOW THAT THE APPROPRIATE AUTHORITY OF THE NAVY HAD DETERMINED PURSUANT TO PARAGRAPH 8002-3 OF THE JOINT TRAVEL REGULATIONS THAT THE PACKING AND CRATING WEIGHT INVOLVED IN THE SHIPMENT WAS EXCESSIVE.

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B-156396, JUN. 8, 1965

TO LIEUTENANT COMMANDER JOHN E. TUCKER:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 12, 1965, WITH ENCLOSURES, REQUESTING RECONSIDERATION OF YOUR CLAIM FOR REFUND OF $240.71, REPRESENTING EXCESS COSTS COLLECTED FROM YOUR ACCIDENT TO THE SHIPMENT OF YOUR HOUSEHOLD GOODS FROM RISING SUN, MARYLAND, TO SAN DIEGO, CALIFORNIA, UPON PERMANENT CHANGE OF STATION.

UNDER THE AUTHORITY OF BUREAU OF NAVAL PERSONNEL ORDER NO. 014112, DATED JUNE 13, 1963, TRANSFERRING YOU FROM BAINBRIDGE, MARYLAND, VIA MARE ISLAND, CALIFORNIA, TO DUTY ON THE U.S.S. COLUMBUS (CG-12), YOUR HOUSEHOLD GOODS WERE PICKED UP FOR SHIPMENT FROM YOUR RESIDENCE IN RISING SUN, MARYLAND, ON JULY 23, 1963, BY THE PARK MOVING AND STORAGE COMPANY, INCORPORATED, AND SHIPPED BY THE REPUBLIC VAN AND STORAGE COMPANY, INCORPORATED, TO SAN DIEGO, CALIFORNIA, FOR STORAGE IN TRANSIT. DELIVERY OF SUCH GOODS TO YOUR RESIDENCE IN SAN DIEGO WAS EFFECTED ON OCTOBER 10, 1963. BASED ON A WEIGHT TICKET, DATED JULY 23, 1963, SHOWING THE NET WEIGHT OF THE PACKED GOODS AS 11,005 POUNDS, THE NAVY PAID THE SUM OF $1,957.52 TO THE ABOVE VAN AND STORAGE COMPANY FOR THE SHIPMENT AND NECESSARY INCIDENTAL SERVICES. SUBSEQUENTLY THE NAVY DETERMINED THAT THE WEIGHT OF THE SHIPMENT, 11,005 POUNDS AS REDUCED BY 500 POUNDS OF PROFESSIONAL BOOKS, OR 10,505 POUNDS, EXCEEDED YOUR AUTHORIZED WEIGHT ALLOWANCE OF 8,947 POUNDS (8,500 POUNDS PLUS 447 POUNDS, THE 5 PERCENT INCREASE AUTHORIZED FOR PACKING) UNDER THE REGULATIONS THEN IN EFFECT, PARAGRAPH 8003 OF THE JOINT TRAVEL REGULATIONS. ACCORDINGLY, YOU WERE CHARGED WITH $240.71, REPRESENTING THE EXCESS WEIGHT OF 1,558 POUNDS AT $15.45 PER HUNDREDWEIGHT (THE LINE-HAUL RATE UTILIZED BY THE CARRIER IN ITS BILLING CHARGE ON THE SHIPMENT). YOU PROTESTED THIS CHARGE AND AFTER THAT AMOUNT WAS DEDUCTED FROM YOUR PAY YOU PRESENTED A CLAIM TO OUR CLAIMS DIVISION BY LETTER OF MAY 19, 1964, FOR REFUND THEREOF. YOU SUBMITTED WITH THAT LETTER COPIES OF PERTINENT DOCUMENTS AND CORRESPONDENCE IN THE MATTER AND STATED, AMONG OTHER THINGS, THAT ONE MONTH PRIOR TO THE DELIVERY OF THE HOUSEHOLD GOODS YOU MADE A SINCERE EFFORT TO HAVE SUCH GOODS WEIGHED BY A "LOCAL HOUSEHOLD GOODS OFFICER" BECAUSE OF THE BELIEF THAT THE WEIGHT THEREOF DID NOT EXCEED YOUR AUTHORIZED WEIGHT ALLOWANCE. OUR CLAIMS DIVISION DISALLOWED THE CLAIM BY SETTLEMENT OF FEBRUARY 25, 1965, FOR THE REASONS THAT YOUR CONTENTION THAT THE PRIOR SHIPMENT OF YOUR HOUSEHOLD GOODS DID NOT EXCEED YOUR AUTHORIZED WEIGHT ALLOWANCE DID NOT OVERCOME THE CARRIER'S WEIGHT CERTIFICATE SHOWING THE WEIGHT OF THE SHIPMENT AS PACKED AND THAT THE RECORD DID NOT SHOW THAT THE APPROPRIATE AUTHORITY OF THE NAVY HAD DETERMINED PURSUANT TO PARAGRAPH 8002-3 OF THE JOINT TRAVEL REGULATIONS THAT THE PACKING AND CRATING WEIGHT INVOLVED IN THE SHIPMENT WAS EXCESSIVE.

IN YOUR LETTER OF MARCH 12, 1965, YOU QUESTION THE BASIS ON WHICH YOUR CLAIM WAS DISALLOWED BY OUR CLAIMS DIVISION AND YOU MAINTAIN THAT RECONSIDERATION OF THAT CLAIM IS WARRANTED ON THE PREMISE THAT THE SHIPMENT OF YOUR HOUSEHOLD GOODS WAS NOT REWEIGHED IN ACCORDANCE WITH A REQUEST CONTAINED IN YOUR LETTER OF SEPTEMBER 12, 1963, ADDRESSED TO THE HOUSEHOLD EFFECTS SECTION, NAVAL SUPPLY CENTER, SAN DIEGO, CALIFORNIA. ANOTHER STATED PREMISE IN YOUR LETTER OF MARCH 12, 1965, IS THAT EVEN IF THE LETTER OF SEPTEMBER 12, 1963, WAS NOT RECEIVED BY THAT CENTER NEVERTHELESS THEY WERE REQUIRED BY THE PROVISIONS OF BUSANDA INSTRUCTION 4050.51, H13, DATED AUGUST 22, 1963, TO REWEIGH THE SHIPMENT.

IT APPEARS FROM THE COPY OF YOUR LETTER OF SEPTEMBER 12, 1963, THAT YOU WERE INFORMALLY NOTIFIED BY THE DRIVER OF THE VAN SHORTLY AFTER PICK-UP OF THE HOUSEHOLD GOODS THAT YOUR SHIPMENT WAS OVERWEIGHT AND FOR THIS AND OTHER REASONS GIVEN IN THAT LETTER YOU WERE REQUESTING THE NAVAL SUPPLY CENTER TO REWEIGH THE SHIPMENT. HOWEVER, THAT CENTER IN RESPONSE TO A TELEPHONIC COMMUNICATION ADVISED YOU BY LETTER OF NOVEMBER 15, 1963, THAT THEIR RECORDS DID NOT INDICATE THE RECEIPT OF A REQUEST FROM YOU OR FROM THE SUPPLY OFFICER IN BAINBRIDGE FOR A REWEIGH OF THE SHIPMENT.

BUSANDA INSTRUCTION 4050.51, H13, DATED AUGUST 22, 1963, PROVIDED, IN PERTINENT PART, AS FOLLOWS:

"1. PURPOSE. TO ENSURE THAT SUFFICIENT NUMBER OF SHIPMENTS OF UNCRATED HOUSEHOLD GOODS ARE REWEIGHED TO ASSURE PROPER CARRIER BILLING.

"2. EFFECTIVE DATE. 1 OCTOBER 1963.

"3. GENERAL INFORMATION. * * *

"4. ACTION REQUIRED. DESIGNATED HOUSEHOLD GOODS SHIPPING ACTIVITIES WILL ENSURE THAT THE FOLLOWING ACTIONS ARE TAKEN:

"A. THE DESTINATION TRANSPORTATION OFFICER WILL ORDER REWEIGHS TO BE MADE EACH QUARTER ON NOT LESS THAN 10 PERCENT OF ALL SHIPMENTS OF UNCRATED HOUSEHOLD GOODS CONSIGNED TO POINTS WITHIN HIS ACTIVITY'S AREA OF RESPONSIBILITY. * * *

"B. THE HOUSEHOLD GOODS TRANSPORTATION OFFICER AT ORIGIN WILL REQUEST REWEIGHS AT DESTINATION IN ALL CASES WHEN:

"/1) THE WEIGHT OF THE SHIPMENT OR THE TOTAL WEIGHT OF ALL SHIPMENTS MADE UNDER THE SAME ORDERS EXCEEDS THE PRESCRIBED WEIGHT ALLOWANCE OF THE PROPERTY OWNER.

"/2) SPECIFICALLY REQUESTED BY THE PROPERTY OWNER; OR

"/3) DOUBT EXISTS AS TO THE CORRECT WEIGHT OF THE SHIPMENT.'

IT WILL BE OBSERVED THAT THE ABOVE INSTRUCTION IS APPLICABLE TO SHIPMENTS ON AND AFTER OCTOBER 1, 1963, AND REQUIRES ONLY, INSOFAR AS RELATING TO YOUR CONTENTION, THAT THE HOUSEHOLD GOODS TRANSPORTATION OFFICER AT ORIGIN WILL REQUEST THE REWEIGH UNDER THE CIRCUMSTANCES DESCRIBED. SINCE THAT INSTRUCTION WAS ISSUED ON AUGUST 22, 1963, IT IS CLEAR THAT ON JULY 23, 1963, WHEN YOUR HOUSEHOLD GOODS WERE PICKED UP AT RISING SUN THERE WAS NO REGULATION OR INSTRUCTION REQUIRING THE TRANSPORTATION OFFICER AT ORIGIN (BAINBRIDGE) TO REQUEST A REWEIGH OF SUCH GOODS EVEN THOUGH THE WEIGHT CERTIFICATE REVEALED A WEIGHT IN EXCESS OF YOUR AUTHORIZED WEIGHT ALLOWANCE. ALSO, THE RECORD SHOWS THAT THE HOUSEHOLD GOODS ARRIVED AT DESTINATION AND WERE PLACED IN STORAGE (STORAGE IN TRANSIT) IN SAN DIEGO ON AUGUST 12, 1963, ALSO A DATE PRIOR TO THE DATE OF THE ISSUANCE OF THE INSTRUCTION. HENCE, IT IS OUR CONCLUSION THAT THIS INSTRUCTION DID NOT COVER YOUR CASE AND THAT NO REQUIREMENT EXISTED THEREUNDER ON THE PART OF THE HOUSEHOLD GOODS TRANSPORTATION OFFICER AT ORIGIN OR DESTINATION TO REWEIGH YOUR HOUSEHOLD GOODS.

THE RECORD BEFORE US DOES NOT CONTAIN ANY EVIDENCE TO INDICATE THAT THE WEIGHT TICKET OF JULY 23, 1963, WHICH WAS SIGNED BY A PUBLIC WEIGHTMASTER AND WHICH SHOWS THE NET WEIGHT OF YOUR HOUSEHOLD GOODS AS 11,005 POUNDS, IS IN ERROR. THE FACT THAT SUCH GOODS WERE NOT REWEIGHED AFTER PICK-UP FROM YOUR RESIDENCE IN RISING SUN DOES NOT NECESSARILY IMPLY THAT THE WEIGHT AS SHOWN ON THE WEIGHT TICKET IS IMPROPER. IN THIS RESPECT, THERE IS FOR CONSIDERATION THE CARRIER'S LETTER OF MARCH 30, 1964, INFORMING THAT THE SHIPMENT WAS OF A LARGE SIZE AS IT CONSISTED OF 312 ITEMS, AS INVENTORIED, AND THE WEIGHT THEREOF WAS NOT OUT OF LINE. IN THE CIRCUMSTANCES INVOLVED, AND IN THE ABSENCE OF CONVINCING EVIDENCE SHOWING THE EXACT WEIGHT OF THE HOUSEHOLD GOODS IMMEDIATELY BEFORE IT WAS PICKED UP, OUR OFFICE HAS NO ALTERNATIVE BUT TO ACCEPT THE WEIGHT CERTIFICATE ON WHICH THE SHIPPING AND OTHER CHARGES WERE BASED AS CONTROLLING IN YOUR CASE. FURTHERMORE, OUR ACTION ON YOUR CLAIM MAY NOT BE GOVERNED BY YOUR STATEMENTS CONCERNING THE INTERIM INCLUSION AND EXCLUSION OF CERTAIN HOUSEHOLD ITEMS FROM A SHIPMENT MADE BY YOU OVER 3 YEARS PRIOR TO THE ONE INVOLVED. THE WEIGHT OF SUCH PRIOR SHIPMENT COULD NOT BE MATERIAL IN ANY EVENT UNLESS THE INVENTORY THEREOF REVEALED THAT IDENTICAL HOUSEHOLD ITEMS WERE SHIPPED AND THE EVIDENCE SHOWED THAT THE PACKING AND CRATING MATERIALS UTILIZED WERE SIMILAR TO THOSE USED IN THE 1963 SHIPMENT.

ACCORDINGLY, THE SETTLEMENT OF FEBRUARY 25, 1965, IS SUSTAINED.

WE HAVE ASCERTAINED THAT THE REPUBLIC VAN AND STORAGE COMPANY, INCORPORATED, RECEIVED A SUPPLEMENTAL PAYMENT OF $363.17 ON NOVEMBER 18, 1963, FOR THE STORAGE (STORAGE IN TRANSIT) OF YOUR HOUSEHOLD GOODS DURING THE PERIOD AUGUST 12 TO OCTOBER 10, 1963, AND FOR HANDLING AND DRAYAGE. IN THIS CONNECTION, WE HAVE BEEN INFORMED BY THE NAVY FINANCE CENTER, WASHINGTON, D.C., THAT IN VIEW OF THAT SUPPLEMENTAL PAYMENT THE AMOUNT CHARGEABLE TO YOU, BASED ON THE EXCESS WEIGHT OF 1,558 POUNDS, IS $51.42. WE PRESUME THAT THE NAVY FINANCE CENTER WILL TAKE APPROPRIATE ACTION TOWARD COLLECTION OF THAT ADDITIONAL AMOUNT DUE THE UNITED STATES.

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