B-122202, APR 18, 1955

B-122202: Apr 18, 1955

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USNR: REFERENCE IS MADE TO YOUR LETTER RECEIVED HERE ON OCTOBER 19. YOU WERE DETACHED AS LIEUTENANT COMMANDER FROM DUTY AT WASHINGTON. PURSUANT TO YOUR REQUEST YOUR HOUSEHOLD EFFECTS AND PROFESSIONAL BOOKS WERE PACKED AND SHIPPED BY VAN FROM ALEXANDRIA. THAT SHIPMENT IS REPORTED TO HAVE WEIGHED 10. WERE SHIPPED BY VAN FROM FULLERTON. WAS 8. 730 POUNDS FOR YOUR EFFECTS IS IN ERROR. THAT YOU ARE NOT PROPERLY CHARGEABLE WITH ANY EXCESS COST. THE RECORD SHOWS THAT YOUR HOUSEHOLD EFFECTS WERE WEIGHED AT NEWBILL'S SERVICE STATION. 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-122202, APR 18, 1955

PRECIS-UNAVAILABLE

COMMANDER BURTON T. ELLIS, USNR:

REFERENCE IS MADE TO YOUR LETTER RECEIVED HERE ON OCTOBER 19, 1954, REQUESTING REVIEW OF SETTLEMENT DATED AUGUST 19, 1953, 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 ALEXANDRIA, VIRGINIA, TO FULLERTON, CALIFORNIA.

BY ORDERS DATED AUGUST 26, 1952, YOU WERE DETACHED AS LIEUTENANT COMMANDER FROM DUTY AT WASHINGTON, D. C., AND ASSIGNED TO DUTY AT LONG BEACH, CALIFORNIA. PURSUANT TO YOUR REQUEST YOUR HOUSEHOLD EFFECTS AND PROFESSIONAL BOOKS WERE PACKED AND SHIPPED BY VAN FROM ALEXANDRIA, VIRGINIA, TO FULLERTON, CALIFORNIA, ON GOVERNMENT BILL OF LADING NO. N 32219661, DATED SEPTEMBER 5, 1952, AT A COST TO THE GOVERNMENT OF $1,291.89 FOR TRANSPORTATION, PAID ON VOUCHER NO. 184373, DECEMBER 1952 ACCOUNTS OF J. A. DAVIS. THAT SHIPMENT IS REPORTED TO HAVE WEIGHED 10,730 POUNDS, INCLUDING 700 POUNDS OF PROFESSIONAL BOOKS, WHICH EXCEEDED BY 500 POUNDS YOUR AUTHORIZED WEIGHT ALLOWANCE OF 9,000 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 $69.83, 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, LESS A FEW ITEMS ESTIMATED BY YOU AS WEIGHING 940 POUNDS, WERE SHIPPED BY VAN FROM FULLERTON, CALIFORNIA, TO WASHINGTON, D. C., IN SEPTEMBER 1951, AND THAT THE WEIGHT OF THAT SHIPMENT, AS SHOWN BY THE CARRIER, WAS 8,460 POUNDS. BASED ON THAT SHOWING YOU CONTEND THAT THE WEIGHT OF 10,730 POUNDS FOR YOUR EFFECTS IS IN ERROR, AND THAT YOU ARE NOT PROPERLY CHARGEABLE WITH ANY EXCESS COST.

THE RECORD SHOWS THAT YOUR HOUSEHOLD EFFECTS WERE WEIGHED AT NEWBILL'S SERVICE STATION, WASHINGTON, D. C. AN EXAMINATION OF THE SCALE TICKET DATED SEPTEMBER 22, 1952, 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. ALSO THE FILE CONTAINS A SWORN STATEMENT OF THE DRIVER OF THE VAN IN WHICH YOUR EFFECTS WERE TRANSPORTED TO THE EFFECT THAT YOUR EFFECTS WERE WEIGHED SEPARATELY AND THAT THE WEIGHT SHOWN WAS CORRECT.

THE STATEMENTS MADE BY YOU 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 AUGUST 19, 1953, IS SUSTAINED.