B-121995, FEB 2, 1955

B-121995: Feb 2, 1955

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USAF: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 5. YOU WERE TRANSFERRED FROM DUTY AT SANDIA BASE. PURSUANT TO YOUR REQUEST YOUR HOUSEHOLD EFFECTS WERE PACKED AND SHIPPED BY VAN FROM ALBUQUERQUE. SUCH SHIPMENT IS REPORTED TO HAVE WEIGHED 6. IN SUPPORT OF YOUR CLAIM FOR REFUND OF THE AMOUNT SO PAID YOU SAY THAT SUBSTANTIALLY THE SAME EFFECTS WERE RECENTLY SHIPPED FROM SAN ANTONIO. WAS 5. 300 POUNDS FOR YOUR EFFECTS IS IN ERROR. THE RECORD SHOWS THAT YOUR HOUSEHOLD EFFECTS WERE WEIGHED AT THE ALBUQUERQUE TRUCK TERMINAL. ATTACHED TO THE VOUCHER ON WHICH PAYMENT WAS MADE FOR THE PACKING AND TRANSPORTATION OF YOUR EFFECTS. SHOWS THAT THE TARE AND GROSS WEIGHTS WERE AUTOMATICALLY POSTED ON THE TICKET BY A MECHANICAL DEVICE FORMING A PART OF THE SCALES.

B-121995, FEB 2, 1955

PRECIS-UNAVAILABLE

MASTER SERGEANT CHALMORS P. SMITH, USAF:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 5, 1954, REQUESTING REVIEW OF SETTLEMENT DATED SEPTEMBER 27, 1954, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF THE AMOUNT PAID BY YOU TO THE GOVERNMENT AS EXCESS COST FOR TRANSPORTATION OF YOUR HOUSEHOLD EFFECTS FROM ALBUQUERQUE, NEW MEXICO, TO MIDWEST CITY, OKLAHOMA.

IT APPEARS THAT BY ORDERS DATED MARCH 31, 1953, YOU WERE TRANSFERRED FROM DUTY AT SANDIA BASE, ALBUQUERQUE, NEW MEXICO, TO DUTY AT TINKER AIR FORCE BASE, OKLAHOMA CITY, OKLAHOMA. PURSUANT TO YOUR REQUEST YOUR HOUSEHOLD EFFECTS WERE PACKED AND SHIPPED BY VAN FROM ALBUQUERQUE, NEW MEXICO, TO MIDWEST CITY, OKLAHOMA, ON GOVERNMENT BILL OF LADING NO. WY 1467546, DATED APRIL 8, 1953, AT A COST TO THE GOVERNMENT OF $451.38, PAID ON VOUCHER NO. 480640, JUNE 1953 ACCOUNTS OF LIEUTENANT COLONEL J. L. WHIPPLE. SUCH SHIPMENT IS REPORTED TO HAVE WEIGHED 6,300 POUNDS, WHICH EXCEEDED BY 1,075 POUNDS YOUR AUTHORIZED WEIGHT ALLOWANCE OF 4,500 POUNDS PLUS 5 PERCENT FOR PACKING MATERIALS, EXCLUSIVE OF PROFESSIONAL BOOKS, AS PRESCRIBED IN PARAGRAPHS 8001 AND 8002, JOINT TRAVEL REGULATIONS. THE EXCESS WEIGHT RESULTED IN EXCESS COST FOR TRANSPORTATION OF $58.24, WHICH AMOUNT HAS BEEN PAID BY YOU TO THE GOVERNMENT. IN SUPPORT OF YOUR CLAIM FOR REFUND OF THE AMOUNT SO PAID YOU SAY THAT SUBSTANTIALLY THE SAME EFFECTS WERE RECENTLY SHIPPED FROM SAN ANTONIO, TEXAS, TO PHOENIX, ARIZONA, AND THAT THE WEIGHT OF THAT SHIPMENT, AS SHOWN BY THE CARRIER, WAS 5,840 POUNDS. BASED ON THAT SHOWING YOU CONTEND THAT THE WEIGHT OF 6,300 POUNDS FOR YOUR EFFECTS IS IN ERROR.

THE RECORD SHOWS THAT YOUR HOUSEHOLD EFFECTS WERE WEIGHED AT THE ALBUQUERQUE TRUCK TERMINAL, INC., ALBUQUERQUE, NEW MEXICO. AN EXAMINATION OF THE SCALE TICKET DATED APRIL 9, 1953, ATTACHED TO THE VOUCHER ON WHICH PAYMENT WAS MADE FOR THE PACKING AND TRANSPORTATION OF YOUR EFFECTS, SHOWS THAT THE TARE AND GROSS WEIGHTS WERE AUTOMATICALLY POSTED ON THE TICKET BY A MECHANICAL DEVICE FORMING A PART OF THE SCALES; AND THAT THE SCALE TICKET WAS SIGNED BY THE WEIGHER AND BY THE DRIVER OF THE VAN.

THE STATEMENTS MADE BY YOU IN YOUR LETTER OF OCTOBER 5, 1954, IN SUPPORT OF YOUR CONTENTION THAT THE WEIGHT OF YOUR EFFECTS WAS INCORRECT MAY NOT BE ACCEPTED AS CONTRAVENING THE WEIGHT SHOWN ON THE WEIGHT CERTIFICATE OF THE CARRIER ATTACHED TO THE ORIGINAL BILL OF LADING. THAT WEIGHT CERTIFICATE SHOWS THAT THE HOUSEHOLD EFFECTS SHIPPED FOR YOU EXCEEDED YOUR AUTHORIZED WEIGHT ALLOWANCE INCREASED BY 5 PERCENT FOR PACKING MATERIALS AND THE INCREASED COST INCURRED BY REASON OF SUCH EXCESS WEIGHT PROPERLY WAS CHARGEABLE TO YOU.

ACCORDINGLY, THE SETTLEMENT OF SEPTEMBER 27, 1954, IS SUSTAINED.