B-107112, JANUARY 15, 1952, 31 COMP. GEN. 288

B-107112, JANUARY 15, 1952, 31 COMP. GEN. 288

TRANSPORTATION - HOUSEHOLD EFFECTS - COMMUTATION - UNAVAILABILITY OF SCALES REQUIREMENT A TRANSFERRED EMPLOYEE WHO VOLUNTARILY SHIPPED HIS HOUSEHOLD EFFECTS ON SUNDAY, THEREBY BEING PREVENTED FROM USING SCALES WHICH WERE LOCATED AT THE POINT OF ORIGIN OF SAID SHIPMENT, IS ENTITLED ONLY TO THE ACTUAL COST OF THE SHIPMENT, AND THEREFORE, MAY NOT BE ALLOWED A COMMUTED PAYMENT BASED UPON THE CONSTRUCTIVE WEIGHT OF SUCH GOODS AS AUTHORIZED BY EXECUTIVE ORDER NO. 9805 IN INSTANCES WHERE ADEQUATE SCALES ARE UNAVAILABLE AT POINT OF ORIGIN. ON DISPUTED QUESTIONS OF FACT BETWEEN A CLAIMANT AND ADMINISTRATIVE OFFICERS OF THE GOVERNMENT, THE ESTABLISHED RULE OF THE ACCOUNTING OFFICERS IS TO ACCEPT THE STATEMENT OF FACTS AS FURNISHED BY THE ADMINISTRATIVE OFFICERS IN THE ABSENCE OF EVIDENCE SUFFICIENT TO OVERCOME THE PRESUMPTION OF THE CORRECTNESS THEREOF.

COMPTROLLER GENERAL WARREN TO JAY A. FRAZIER, JANUARY 15, 1952:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 29, 1951, REQUESTING REVIEW OF THE SETTLEMENT OF NOVEMBER 19, 1951, DISALLOWING YOUR CLAIM FOR THE DIFFERENCE BETWEEN THE ACTUAL COST OF SHIPPING YOUR HOUSEHOLD GOODS AND THE COMMUTED PAYMENT AUTHORIZED BY EXECUTIVE ORDER 9805, THE DISALLOWANCE BEING FOR THE REASON THAT AS ADEQUATE SCALES WERE LOCATED AT THE POINT OF ORIGIN THE ESTIMATED WEIGHTS COULD NOT BE ACCEPTED AS A BASIS FOR COMMUTATION.

IT APPEARS THAT YOUR OFFICIAL STATION WAS CHANGED FROM LAKE PROVIDENCE, LOUISIANA, TO GREENVILLE, MISSISSIPPI, UNDER ORDER DATED JULY 14, 1949, AND THAT YOU MOVED YOUR HOUSEHOLD GOODS ON A SUNDAY BY VAN AT A COST OF $60 WHICH AMOUNT HAS BEEN PAID TO YOU, THE PRESENT CLAIM BEING FOR AN AMOUNT IN EXCESS OF THE ACTUAL COST TO YOU OF THE SHIPMENT.

SECTION 14 OF EXECUTIVE ORDER 9805 OF NOVEMBER 25, 1946, PROVIDES:

EMPLOYEES SHALL BE REQUIRED TO SUBMIT THE CARRIER'S ORIGINAL BILLS OF LADING OR A CERTIFIED COPY THEREOF WHEN USING COMMON CARRIER SERVICE. NO BILL OF LADING IS REQUIRED, OTHER EVIDENCE SHOWING POINT OF ORIGIN, DESTINATION, AND WEIGHT SHALL BE REQUIRED. IN INSTANCES IN WHICH NO ADEQUATE SCALE IS LOCATED AT POINT OF ORIGIN OR AT ANY POINT WITHIN A RADIUS OF TEN MILES THEREOF, A CONSTRUCTIVE WEIGHT, BASED ON SEVEN POUNDS PER CUBIC FOOT OF PROPERLY LOADED VAN SPACE, MAY BE USED. THE RECORDS SHOW THAT ADEQUATE SCALES WERE LOCATED AT THE POINT OF ORIGIN OF THE SHIPMENT AND WOULD HAVE BEEN AVAILABLE HAD THE SHIPMENT BEEN MADE ON A WEEK DAY. WHILE YOU STATE THAT THE MOVEMENT ON SUNDAY WAS NOT OF YOUR OWN VOLITION, THE ADMINISTRATIVE REPORT IN YOUR CASE STATES THAT "HE CHOSE UPON HIS OWN VOLITION AND NOT BY THE DIRECTION OR CONSENT OF THE GOVERNMENT, TO MOVE HIS GOODS ON SUNDAY.' IT IS THE ESTABLISHED RULE OF THIS OFFICE TO ACCEPT THE REPORT OF THE ADMINISTRATIVE OFFICERS ON DISPUTED QUESTIONS OF FACT IN THE ABSENCE OF EVIDENCE SUFFICIENT TO OVERCOME THE PRESUMPTION OF THE CORRECTNESS THEREOF. ACCORDINGLY, AND AS ESTIMATED WEIGHTS BASED ON OTHER EVIDENCE ARE NOT ACCEPTABLE TO SATISFY THE REQUIREMENT OF THE REGULATIONS AUTHORIZING A COMMUTATION OF THE ACTUAL EXPENSES, AND AS YOU HAVE BEEN PAID THE ACTUAL COST OF THE SHIPMENT, NOTHING FURTHER IS DUE YOU THEREON. B-82917, APRIL 14, 1949; 28 COMP. GEN. 95.