B-131660, MAY 23, 1957

B-131660, MAY 23, 1957

TO MR. JOHN B. KELLER:

THIS REFERS TO YOUR RECLAIM VOUCHER FOR $162.52 COVERING SHIPMENT OF YOUR HOUSEHOLD EFFECTS INCIDENT TO A TRANSFER OF YOUR OFFICIAL STATION FROM WOODVILLE TO TOLEDO, OHIO. YOUR ORIGINAL CLAIM WAS FOR A COMMUTED PAYMENT OF $255.99, BASED ON ESTIMATED WEIGHT OF 6,900 POUNDS OF EFFECTS. SINCE THE MINIMUM WEIGHT REQUIREMENTS OF EXECUTIVE ORDER NO. 9805, AS AMENDED, HAD NOT BEEN COMPLIED WITH, OUR SETTLEMENT OF JANUARY 3, 1957, ALLOWED YOU ONLY THE ACTUAL EXPENSES INCURRED, NAMELY, $95.43. YOU NOW SUBMIT A REVISED ESTIMATE OF CUBIC FOOTAGE.

SECTION 14 OF EXECUTIVE ORDER NO. 9805 REQUIRES THAT EVIDENCE OF WEIGHT BE FURNISHED BUT SAYS THAT WHEN "NO PROPER WEIGHING FACILITIES ARE READILY AVAILABLE AT POINT OF ORIGIN A CONSTRUCTIVE WEIGHT, BASED ON SEVEN POUNDS PER CUBIC FOOT OF PROPERLY LOADED VAN SPACE, MAY BE USED.' YOU HAVE NOT FURNISHED US THE ACTUAL WEIGHT OF THE EFFECTS; NEITHER HAVE YOU COMPLIED WITH THE CONDITIONS OF THE EXECUTIVE ORDER CONCERNING USE OF A CONSTRUCTIVE WEIGHT. ALL YOU HAVE FURNISHED IS AN ESTIMATED CUBIC FOOTAGE FROM WHICH AN ESTIMATED WEIGHT IN POUNDS HAS BEEN OBTAINED. THUS, IT IS EVIDENT THAT THE MINIMUM EVIDENCE REQUIREMENTS OF THE EXECUTIVE ORDER AS TO WEIGHT OF THE EFFECTS STILL HAVE NOT BEEN SATISFIED IN YOUR CASE.

SINCE WE WERE OF THE VIEW THAT THE EVIDENCE WAS SUFFICIENT TO PERMIT US TO PAY YOU THE ACTUAL EXPENSES INCURRED THAT SUM WAS ALLOWED YOU IN THE SETTLEMENT OF JANUARY 3. IN THE ABSENCE OF A COMPLIANCE WITH THE WEIGHT REQUIREMENTS OF THE EXECUTIVE ORDER, HOWEVER, OUR OFFICE WOULD NOT BE