B-124405, DEC. 00, 1955

B-124405: Dec 1, 1955

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WERE SHIPPED FOR YOU BY VAN FROM AURORA. YOU SAY THAT YOU ALLOWED YOUR MEDICAL AND PROFESSIONAL BOOKS AND EQUIPMENT TO BE MOVED WITHOUT SPECIAL LABELING OR ANY SPECIAL DECLARATION BECAUSE YOU WERE TOLD BY THE MEN WHO MOVED YOUR EFFECTS THAT IN THEIR ESTIMATION YOU WERE WELL WITHIN YOUR AUTHORIZED WEIGHT ALLOWANCE. THE WEIGHT OF YOUR PROFESSIONAL BOOKS AND EQUIPMENT WAS 1. THAT THE ORIGINAL ESTIMATE OF 500 POUNDS WAS. PAPERS AND EQUIPMENT ARE NECESSARY IN THE PERFORMANCE OF HIS OFFICIAL DUTIES. IT IS ALSO PROVIDED THAT SUCH BOOKS. PAPERS AND EQUIPMENT WILL BE PACKED SEPARATELY AND THE CONTENTS WILL BE RKED. UNDER THE REGULATIONS YOU WERE ENTITLED TO HAVE INCLUDED IN THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS WITHOUT CHARGE AGAINST YOUR AUTHORIZED WEIGHT ALLOWANCE THE PROFESSIONAL BOOKS.

B-124405, DEC. 00, 1955

TO LIEUTENANT COMMANDER WILLIAM A. HALL:

YOUR LETTER OF MAY 14, 1955, REQUESTS REVIEW OF SETTLEMENT DATED FEBRUARY 15, 1955, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF $22.27 COLLECTED FROM YOU AS EXCESS COSTS INCURRED IN THE SHIPMENT OF YOUR EFFECTS FROM AURORA, ILLINOIS, TO CHICAGO, ILLINOIS, IN AUGUST 1953, INCIDENT TO ORDERS DATED MAY 7, 1953, CALLING YOU TO ACTIVE DUTY.

PURSUANT TO YOUR APPLICATION DATED AUGUST 3, 1953, IN WHICH YOU AGREED TO PAY ALL COSTS NOT AUTHORIZED BY REGULATIONS, YOUR HOUSEHOLD EFFECTS, SHOWN AS WEIGHING 8,000 POUNDS, INCLUDING PROFESSIONAL BOOKS WEIGHING 500 POUNDS, WERE SHIPPED FOR YOU BY VAN FROM AURORA, ILLINOIS TO FORRESTAL VILLAGE, NORTH CHICAGO, ILLINOIS. THE DEPARTMENT OF THE NAVY COLLECTED THE SUM OF $22.27, FROM YOU ON THE BASIS THAT THE SHIPMENT WEIGHED 655 POUNDS IN EXCESS OF YOUR AUTHORIZED WEIGHT ALLOWANCE, PLUS ALLOWANCES FOR PACKING AND CRATING.

YOU SAY THAT YOU ALLOWED YOUR MEDICAL AND PROFESSIONAL BOOKS AND EQUIPMENT TO BE MOVED WITHOUT SPECIAL LABELING OR ANY SPECIAL DECLARATION BECAUSE YOU WERE TOLD BY THE MEN WHO MOVED YOUR EFFECTS THAT IN THEIR ESTIMATION YOU WERE WELL WITHIN YOUR AUTHORIZED WEIGHT ALLOWANCE. YOU CONTEND THAT WHEN THE NAVY MOVED YOUR HOUSEHOLD EFFECTS FROM GREAT LAKES, ILLINOIS, TO BREMERTON, WASHINGTON, IN JUNE 1954, THE WEIGHT OF YOUR PROFESSIONAL BOOKS AND EQUIPMENT WAS 1,600 POUNDS, AND THAT THE ORIGINAL ESTIMATE OF 500 POUNDS WAS, THEREFORE, TOO SMALL.

PARAGRAPH 8002, JOINT TRAVEL REGULATIONS, PROVIDES THAT, WHEN A MEMBER CERTIFIES THAT HIS PROFESSIONAL BOOKS, PAPERS AND EQUIPMENT ARE NECESSARY IN THE PERFORMANCE OF HIS OFFICIAL DUTIES, SHIPMENT MAY BE MADE WITHOUT CHARGE AGAINST THE PRESCRIBED WEIGHT ALLOWANCE. IT IS ALSO PROVIDED THAT SUCH BOOKS, PAPERS AND EQUIPMENT WILL BE PACKED SEPARATELY AND THE CONTENTS WILL BE RKED,"PROFESSIONAL BOOKS, PAPERS AND EQUIPMENT.' THUS, UNDER THE REGULATIONS YOU WERE ENTITLED TO HAVE INCLUDED IN THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS WITHOUT CHARGE AGAINST YOUR AUTHORIZED WEIGHT ALLOWANCE THE PROFESSIONAL BOOKS, PAPERS AND EQUIPMENT WHICH YOU INDICATED WERE NECESSARY IN THE PERFORMANCE OF YOUR OFFICIAL DUTIES. IN YOUR APPLICATION FOR THE SHIPMENT IN QUESTION, YOU STATED THAT PROFESSIONAL BOOKS AND PAPERS WEIGHING 500 POUNDS WOULD BE INCLUDED AND THE NAVY DEPARTMENT GAVE YOU FULL CREDIT FOR SUCH ITEMS IN COMPUTING YOUR EXCESS WEIGHT, ALTHOUGH YOU NOW SEEM TO INDICATE THAT SUCH PROFESSIONAL BOOKS OR PAPERS WERE NOT MARKED SEPARATELY AS REQUIRED BY THE REGULATIONS. ACCEPTABLE EVIDENCE HAS BEEN FURNISHED TO SHOW THE WEIGHT OF THE PROFESSIONAL BOOKS AND PAPERS ACTUALLY INCLUDED IN YOUR SHIPMENT AND HENCE, THERE IS NO PROPER BASIS ON THE PRESENT RECORD UPON WHICH WE MAY DETERMINE THE WEIGHT CREDIT TO WHICH YOU ARE ENTITLED FOR THOSE ITEMS. THE WEIGHT OF PROFESSIONAL BOOKS AND PAPERS SHIPPED INCIDENT TO A SUBSEQUENT CHANGE OF STATION WOULD NOT, IN ITSELF, WARRANT A DETERMINATION THAT THE WEIGHT SHOWN IN YOUR APPLICATION WAS IN ERROR OR FORM A BASIS FOR DETERMINING THE WEIGHT OF THE PROFESSIONAL BOOKS AND PAPERS ACTUALLY INCLUDED IN THIS PARTICULAR SHIPMENT. ACCORDINGLY, THE SETTLEMENT OF FEBRUARY 15, 1955, MUST BE SUSTAINED.