B-125847, FEB. 2, 1956

B-125847: Feb 2, 1956

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

YOU WERE DIRECTED. YOUR HOUSEHOLD EFFECTS AND PROFESSIONAL BOOKS WERE PACKED AND SHIPPED BY VAN FROM EASTON. THAT AMOUNT WAS PAID TO THE CARRIER ON VOUCHER NO. 233. THAT SHIPMENT IS REPORTED TO HAVE WEIGHED 9. THE EXCESS WEIGHT RESULTED IN EXCESS COST FOR TRANSPORTATION IN THE AMOUNT OF $34.46 WHICH WAS PAID BY YOU TO THE GOVERNMENT. IN YOUR REQUEST FOR REVIEW YOU SAY THAT THE AUTHORIZED ALLOWANCE WAS NOT EXCEEDED. THIS STATEMENT IS BASED ON THE WEIGHT OF YOUR HOUSEHOLD EFFECTS WHEN SHIPPED FROM ALBANY. YOU ALSO SAY THAT YOU KNOW THAT THE CARRIER PICKED UP A SMALL LOAD OF EFFECTS TO BE DELIVERED TO ANOTHER PARTY EN ROUTE TO GEORGIA AND THAT THIS LOAD WAS WEIGHED IN WITH YOUR SHIPMENT. THAT IT IS OBVIOUS THAT THE WEIGHT SUBMITTED.

B-125847, FEB. 2, 1956

TO EDWARD J. KOCHAN, D.D.S.:

YOUR LETTER OF SEPTEMBER 23, 1955, REQUESTS REVIEW OF OUR SETTLEMENT DATED SEPTEMBER 20, 1955, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF THE SUM OF $34.46 PAID BY YOU TO THE GOVERNMENT AS EXCESS COST FOR TRANSPORTATION OF YOUR HOUSEHOLD EFFECTS FROM EASTON, CONNECTICUT, TO ALBANY, GEORGIA.

BY ORDERS DATED JUNE 19, 1953, YOU WERE DIRECTED, AS A FIRST LIEUTENANT, UNITED STATES AIR FORCE, TO MOVE ON PERMANENT CHANGE OF STATION FROM EASTON, CONNECTICUT, TO ALBANY, GEORGIA. PURSUANT TO ALL COSTS NOT AUTHORIZED BY REGULATIONS TO BE PAID BY THE GOVERNMENT, YOUR HOUSEHOLD EFFECTS AND PROFESSIONAL BOOKS WERE PACKED AND SHIPPED BY VAN FROM EASTON, CONNECTICUT, TO ALBANY, GEORGIA, ON GOVERNMENT BILL OF LADING NO. AF 2128111, DATED SEPTEMBER 18, 1953, AT A COST TO THE GOVERNMENT OF $856.30 FOR TRANSPORTATION AND ACCESSORIAL SERVICES. THAT AMOUNT WAS PAID TO THE CARRIER ON VOUCHER NO. 233,564, DECEMBER 1953 ACCOUNT OF J. L. WHIPPLE, LIEUTENANT COLONEL, F. C., SYMBOL 276. THAT SHIPMENT IS REPORTED TO HAVE WEIGHED 9,020 POUNDS, INCLUDING 700 POUNDS OF PROFESSIONAL BOOKS, WHICH EXCEEDED BY 445 POUNDS YOUR AUTHORIZED WEIGHT ALLOWANCE OF 7,875 POUNDS, EXCLUSIVE OF THE PROFESSIONAL BOOKS, AS PRESCRIBED IN PARAGRAPHS 8001 AND 8002, JOINT TRAVEL REGULATIONS. THE EXCESS WEIGHT RESULTED IN EXCESS COST FOR TRANSPORTATION IN THE AMOUNT OF $34.46 WHICH WAS PAID BY YOU TO THE GOVERNMENT. YOU NOW CLAIM REFUND OF THAT AMOUNT.

IN YOUR REQUEST FOR REVIEW YOU SAY THAT THE AUTHORIZED ALLOWANCE WAS NOT EXCEEDED. THIS STATEMENT IS BASED ON THE WEIGHT OF YOUR HOUSEHOLD EFFECTS WHEN SHIPPED FROM ALBANY, GEORGIA, TO EASTON, CONNECTICUT, UPON A SUBSEQUENT CHANGE OF STATION. YOU ALSO SAY THAT YOU KNOW THAT THE CARRIER PICKED UP A SMALL LOAD OF EFFECTS TO BE DELIVERED TO ANOTHER PARTY EN ROUTE TO GEORGIA AND THAT THIS LOAD WAS WEIGHED IN WITH YOUR SHIPMENT. YOU CONCLUDE, THEREFORE, THAT IT IS OBVIOUS THAT THE WEIGHT SUBMITTED, CERTIFIED, AND ATTESTED TO BY THE CARRIER IS NOT THE CORRECT WEIGHT.

IF, AS YOU ALLEGE, YOU KNEW THE WEIGHT OF THE ORIGINAL SHIPMENT INCLUDED GOODS OF ANOTHER PARTY, YOU SHOULD HAVE BROUGHT THAT TO THE ATTENTION OF THE PROPER OFFICERS OF THE DEPARTMENT OF THE ARMY AT THE TIME OF THE ORIGINAL SHIPMENT. INSTEAD OF MAKING SUCH REPORT YOU SIGNED THE CONSIGNEE'S CERTIFICATE ON THE ORIGINAL BILL OF LADING WHICH IDENTIFIES THE SHIPMENT, INCLUDING THE WEIGHT OF YOUR EFFECTS, AND WHICH CONTAINS THE STATEMENT THAT THE GOODS LISTED WERE RECEIVED UPON THE PERSON ASSERTING SUCH CLAIM AND UNTIL HE HAS MET THAT REQUIREMENT BY THE SUBMISSION OF SUCH EVIDENCE AS HE DESIRES TO FURNISH, THE VALIDITY OF HIS CLAIM IS NOT ESTABLISHED.

YOUR UNSUPPORTED STATEMENTS THAT THE WEIGHT OF YOUR EFFECTS WAS INCORRECT MAY NOT BE ACCEPTED AS CONTRAVENING THE WEIGHT SHOWN ON THE WEIGHT CERTIFICATE OF THE CARRIER.