B-115886, FEB 23, 1954

B-115886: Feb 23, 1954

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VAN LOON: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 9. YOUR HOUSEHOLD EFFECTS WERE SHIPPED FROM SAN JUAN. THE RECORDS SHOW THAT THE CRATED WEIGHT OF THE EFFECTS SHIPPED WAS 16. 370 POUNDS IN EXCESS OF THE MAXIMUM CRATED WEIGHT FOR WHICH REIMBURSEMENT IS AUTHORIZED BY LAW. IT IS UNDERSTOOD TO BE YOUR VIEW THAT AS THERE WAS SUCH A BIG DIFFERENCE BETWEEN THE CRATED WEIGHT OF THE HOUSEHOLD EFFECTS AT THE TIME OF SHIPPING THEM FROM NEW YORK TO PUERTO RICO AND THE WEIGHT WHEN SHIPPED FROM PUERTO RICO TO NEW YORK. WHICH GOODS ARE ALLEGED BY YOU TO BE IDENTICAL. THE EXCESS WEIGHT INVOLVED PRIMARILY WAS DUE TO IMPROPER PACKING AND CRATING. THE EXCESS COSTS ATTRIBUTABLE TO THE EXCESS WEIGHT ARE NOT PROPERLY CHARGEABLE TO YOU.

B-115886, FEB 23, 1954

PRECIS-UNAVAILABLE

MR. JAMES H. VAN LOON:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 9, 1954, WITH ENCLOSURES, REQUESTING RECONSIDERATION OF DECISION OF SEPTEMBER 3, 1953, B-115886, RELATIVE TO YOUR INDEBTEDNESS TO THE UNITED STATES IN THE AMOUNT OF $418.07, REPRESENTING THE EXCESS COST INCURRED BY THE UNITED STATES IN THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS INCIDENT TO A CHANGE OF OFFICIAL STATION, AS AN EMPLOYEE OF THE VETERANS ADMINISTRATION, FROM SAN JUAN, PUERTO RICO, TO NEW YORK, NEW YORK.

YOUR HOUSEHOLD EFFECTS WERE SHIPPED FROM SAN JUAN, PUERTO RICO, TO NEW YORK, NEW YORK, PURSUANT TO TRAVEL ORDER NO. 2002-18, DATED SEPTEMBER 14, 1951. THE RECORDS SHOW THAT THE CRATED WEIGHT OF THE EFFECTS SHIPPED WAS 16,120 POUNDS, OR 7,370 POUNDS IN EXCESS OF THE MAXIMUM CRATED WEIGHT FOR WHICH REIMBURSEMENT IS AUTHORIZED BY LAW.

IT IS UNDERSTOOD TO BE YOUR VIEW THAT AS THERE WAS SUCH A BIG DIFFERENCE BETWEEN THE CRATED WEIGHT OF THE HOUSEHOLD EFFECTS AT THE TIME OF SHIPPING THEM FROM NEW YORK TO PUERTO RICO AND THE WEIGHT WHEN SHIPPED FROM PUERTO RICO TO NEW YORK, WHICH GOODS ARE ALLEGED BY YOU TO BE IDENTICAL, WITH MINOR EXCEPTIONS, THE EXCESS WEIGHT INVOLVED PRIMARILY WAS DUE TO IMPROPER PACKING AND CRATING, AND THE EXCESS COSTS ATTRIBUTABLE TO THE EXCESS WEIGHT ARE NOT PROPERLY CHARGEABLE TO YOU. IS STATED IN THE DECISION OF SEPTEMBER 3, THE RECORDS ON FILE REVEAL THAT YOUR HOUSEHOLD EFFECTS WERE CRATED AND PACKED BY A CONCERN REGULARLY ENGAGED IN PACKING AND CRATING HOUSEHOLD GOODS FOR OVERSEAS SHIPMENT, THAT THE HOUSEHOLD GOODS WERE PACKED IN ACCORDANCE WITH THE REQUIREMENTS OF THE UNNUMBERED VETERANS ADMINISTRATION CONTRACT DATED SEPTEMBER 21, 1951, AND THAT THE VETERANS ADMINISTRATION UNDERTOOK A SPECIAL INVESTIGATION OF THE CASE AND FOUND NO EVIDENCE OF IMPROPER PACKING AND CRATING OF YOUR EFFECTS.

THE AUTHORIZED WEIGHT ALLOWANCE OF HOUSEHOLD GOODS THAT MAY BE PACKED, CRATED, AND SHIPPED AT GOVERNMENT EXPENSE UPON TRANSFER OF STATION IS LIMITED TO 8,750 POUNDS CRATED, OR THE EQUIVALENT THEREOF WHERE THE TRANSPORTATION CHARGES ARE BASED ON CUBIC MEASUREMENT, BY SECTION 1, PUBLIC LAW 600, 60 STAT. 806, AND SECTION 6 AND 17 OF EXECUTIVE ORDER NO. 9805, AS AMENDED, PROMULGATED THEREUNDER. THE FACT THAT THE HOUSEHOLD GOODS SHIPPED TO AND FROM PUERTO RICO APPEAR FROM THE LISTS SUBMITTED BY YOU TO BE APPROXIMATELY THE SAME COULD NOT OPERATE TO INCREASE THE LIABILITY OF THE GOVERNMENT FOR AN AMOUNT IN EXCESS OF THAT AUTHORIZED BY LAW TO BE PAID. ACCORDINGLY, APPROPRIATE FUNDS OF THE VETERANS ADMINISTRATION PROPERLY COULD NOT BE CHARGED WITH THE EXCESS COSTS INVOLVED.

IN VIEW OF THE FOREGOING, YOU ARE REQUESTED TO REMIT TO THIS OFFICE WITHOUT FURTHER DELAY, BY CHECK, DRAFT, OR MONEY ORDER, DRAWN PAYABLE TO THE "TREASURER OF THE UNITED STATES" THE SUM OF $418.07 COVERING THE AMOUNT DUE AS EXCESS COST FOR PACKING, CRATING, AND TRANSPORTATION OF YOUR HOUSEHOLD EFFECTS.