B-118209, JUN 10, 1954

B-118209: Jun 10, 1954

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HUTCHINSON: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 23. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT NO EVIDENCE HAD BEEN FURNISHED TO ESTABLISH THE WEIGHT OF THE HOUSEHOLD GOODS SO THAT IT MIGHT BE DETERMINED THAT THE CHARGES BILLED DID NOT EXCEED THE COST AUTHORIZED TO BE BORNE BY THE GOVERNMENT. THE FACT THAT THE AMOUNT OF YOUR CLAIM IS SMALL. WHICH MAY INDICATE THAT THE SHIPMENT WAS WELL WITHIN YOUR AUTHORIZED WEIGHT ALLOWANCE. DOES NOT ALTER THE SITUATION SINCE THERE IS NO AUTHORITY FOR REIMBURSEMENT OF TRANSPORTATION CHARGES ON A COMMUTATION BASIS WITHIN THE LIMITS OF THE AUTHORIZED WEIGHT ALLOWANCE. FURTHER CONSIDERATION WILL BE GIVEN YOUR CLAIM. IS SUSTAINED. YOU ARE ADVISED THAT UNDER THE PROCEDURE OF THIS OFFICE.

B-118209, JUN 10, 1954

PRECIS-UNAVAILABLE

LT. COL. LEONARD H. HUTCHINSON:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 23, 1953, REQUESTING REVIEW OF SETTLEMENT DATED SEPTEMBER 25, 1953, WHICH DISALLOWED YOUR CLAIM FOR $83.54 REPRESENTING EXPENSES INCURRED IN PACKING AND SHIPPING AN UNDISCLOSED WEIGHT OF HOUSEHOLD EFFECTS FROM CHICAGO, ILLINOIS, TO LOUISVILLE, KENTUCKY, ON OR ABOUT SEPTEMBER 18, 1943, INCIDENT TO SPECIAL ORDERS NO. 15, ISSUED BY TRAINING DETACHMENT, AAFCTTC UNIVERSITY OF CHICAGO, ILLINOIS, ON SEPTEMBER 4, 1943, ASSIGNING YOU TO DUTY AT BOWMAN FIELD, KENTUCKY.

YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT NO EVIDENCE HAD BEEN FURNISHED TO ESTABLISH THE WEIGHT OF THE HOUSEHOLD GOODS SO THAT IT MIGHT BE DETERMINED THAT THE CHARGES BILLED DID NOT EXCEED THE COST AUTHORIZED TO BE BORNE BY THE GOVERNMENT.

IN YOUR REQUEST FOR REVIEW YOU DO NOT PRESENT ANY ADDITIONAL EVIDENCE BUT ASSERT MERELY THAT THE GOVERNMENT "DOES NOT STAND TO LOSE ON THIS SMALL CLAIM" AND THAT "THE HANDLING COSTS REFLECT ONLY A SMALL PERCENTAGE OF MY AUTHORIZED WEIGHT ALLOWANCE AT TIME OF SHIPMENT."

SINCE THE ARMY REGULATIONS IN EFFECT AT TIME OF SHIPMENT AUTHORIZED PAYMENT OF TRANSPORTATION OF HOUSEHOLD GOODS ON PERMANENT CHANGE OF STATION ON AN ACTUAL WEIGHT BASIS NOT TO EXCEED THE MAXIMUM WEIGHT ALLOWANCES FOR VARIOUS GRADES AS SET FORTH THEREIN, AND SINCE NOTHING HAS BEEN FURNISHED TO SHOW THE WEIGHT OF THE SHIPMENT, THERE APPEARS NO LEGAL BASIS FOR PAYMENT OF YOUR CLAIM. THE FACT THAT THE AMOUNT OF YOUR CLAIM IS SMALL, WHICH MAY INDICATE THAT THE SHIPMENT WAS WELL WITHIN YOUR AUTHORIZED WEIGHT ALLOWANCE, DOES NOT ALTER THE SITUATION SINCE THERE IS NO AUTHORITY FOR REIMBURSEMENT OF TRANSPORTATION CHARGES ON A COMMUTATION BASIS WITHIN THE LIMITS OF THE AUTHORIZED WEIGHT ALLOWANCE, THE AUTHORITY BEING FOR REIMBURSEMENT OF THE COST OF TRANSPORTING THE ACTUAL WEIGHT OF HOUSEHOLD EFFECTS SHIPPED COMPUTED ON THE BASIS OF THE LOWEST REGULARLY ESTABLISHED RATE FOR SUCH SHIPMENT. HOWEVER, IF SATISFACTORY EVIDENCE AS TO THE CUBIC MEASUREMENT OF THE SHIPMENT BE FURNISHED, FURTHER CONSIDERATION WILL BE GIVEN YOUR CLAIM.

ON THE PRESENT RECORD, THE SETTLEMENT OF SEPTEMBER 25, 1953, IS SUSTAINED.

WITH REFERENCE TO YOUR REQUEST FOR A PERSONAL HEARING, YOU ARE ADVISED THAT UNDER THE PROCEDURE OF THIS OFFICE, DECISIONS MAY BE RENDERED ONLY ON THE BASIS OF THE WRITTEN RECORD. HOWEVER, IF YOU SO DESIRE, YOU MAY VISIT THIS OFFICE TO DISCUSS THE MATTER AT ANY TIME BETWEEN 8:15 A.M. AND 4:45 P.M. DURING ANY WORKDAY.