B-125860, MAR. 1, 1956

B-125860, MAR. 1, 1956

TO MR. NORMAN D. GILLIKIN:

YOUR LETTER OF SEPTEMBER 29, 1955, REQUESTS REVIEW OF YOUR SETTLEMENT OF AUGUST 24, 1955, WHICH DISALLOWED YOUR CLAIM FOR $97.17, REPRESENTING THE AMOUNT COLLECTED FROM YOU AS THE EXCESS COST OF PACKING, CRATING, HAULING AND SHIPPING YOUR HOUSEHOLD EFFECTS FROM ALEXANDRIA, VIRGINIA, TO SAN DIEGO, CALIFORNIA, BY EXPRESS, WHILE YOU WERE SERVING AS AN ENLISTED MAN, UNITED STATES NAVY.

BY ORDERS DATED JULY 1, 1953, YOU WERE TRANSFERRED FROM WASHINGTON, D.C., TO SAN DIEGO, CALIFORNIA, FOR FURTHER ASSIGNMENT. ON JULY 20, 1953, A QUANTITY OF YOUR HOUSEHOLD EFFECTS WAS PACKED AND SHIPPED BY EXPRESS FROM ALEXANDRIA TO SAN DIEGO AT GOVERNMENT EXPENSE. THE PACKING, CRATING AND HAULING TO RAIL TERMINAL WAS PERFORMED BY ALPHA VAN LINES, INCORPORATED, ALEXANDRIA, VIRGINIA. A COPY OF THEIR SHIPPING INVOICE SHOWS THAT YOU SHIPPED THE FOLLOWING ITEMS:

TABLE

ARTICLE CONTENTS GROSS WEIGHT

CRATE 1 IRONING BOARD 50

BOX 2 LINENS 180

BOX 3 LINENS 150

BOX 4 CLOTHING 140

BOX 5 POTS, PANS, MISC. 190

BARREL 6 CHINA 65

BARREL 7 CHINA - GLASS 105

TOTAL POUNDS 880

THE SHIPMENT FROM ALEXANDRIA TO SAN DIEGO WAS BY RAILWAY EXPRESS AGENCY, INCORPORATED, ON A GOVERNMENT BILL OF LADING. THE BILL OF LADING (ORIGINAL) SHOWS THAT THE SHIPMENT CONSISTED OF 1 CRATE, 4 BOXES, AND 2 BARRELS (LABELED GLASS), WEIGHING 880 POUNDS. THUS, IT SEEMS CLEAR THAT THE GOVERNMENT PAID FOR PACKING, CRATING, HAULING AND SHIPMENT OF 880 POUNDS OF YOUR HOUSEHOLD EFFECTS. IT IS YOUR CONTENTION THAT THE EXCESS COST CHARGED AGAINST YOU RESULTED FROM THE INCLUSION IN THE EXPRESS SHIPMENT OF A BOX CONTAINING A COMPLETE ENCYCLOPEDIA FOR WHICH EXPRESS SHIPMENT HAD NOT BEEN REQUESTED.

SECTION 303/C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, AUTHORIZES THE TRANSPORTATION (INCLUDING PACKING, CRATING AND DRAYAGE), ETC., OF HOUSEHOLD EFFECTS TO AND FROM SUCH LOCATIONS AND WITHIN SUCH WEIGHT ALLOWANCES AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED. UNDER JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT THERETO (PARAGRAPH 8001), YOU WERE ENTITLED TO SHIP 400 POUNDS (PLUS 25 PERCENT FOR PACKING) OF EFFECTS UPON TEMPORARY CHANGE OF STATION. THOSE REGULATIONS FURTHER PROVIDE (PARAGRAPH 8052-0) THAT HOUSEHOLD EFFECTS NOT TO EXCEED 500 POUNDS, GROSS WEIGHT, MAY BE SHIPPED BY EXPRESS FROM THE OLD STATION TO THE NEW OR THE THE PORT OF EMBARKATION. YOUR EXPRESS SHIPMENT EXCEEDED THE AUTHORIZED ALLOWANCE BY 380 POUNDS AND YOU WERE CHARGED WITH THE EXCESS COST INCURRED.

THE RECORDS AVAILABLE TO THIS OFFICE INDICATE THAT ALPHA VAN LINES, INCORPORATED, ADVISED THE DEPARTMENT OF THE NAVY THAT ONLY THE HOUSEHOLD GOODS DESIGNATED BY YOU TO BE SHIPPED BY EXPRESS WERE INCLUDED IN THE SHIPMENT. THERE IS NO INDICATION ON THE ORIGINAL BILL OF LADING OR OTHERWISE THAT EFFECTS OTHER THAN THOSE INDICATED ABOVE WERE SHIPPED BY EXPRESS OR THAT THE AMOUNT OF THE CHARGES MADE AGAINST YOU INVOLVED SHIPMENT OF OTHER EFFECTS. WE HAVE BEEN ADVISED INFORMALLY THAT ALL EFFORTS BY THE DEPARTMENT OF THE NAVY TO CORROBORATE YOUR STATEMENT THAT ONE BOX WAS INCLUDED IN THE SHIPMENT WITHOUT YOUR APPROVAL HAVE BEEN UNSUCCESSFUL. ON THE PRESENT RECORD, THERE IS NO BASIS ON WHICH WE MAY CONCLUDE THAT YOU WERE NOT PROPERLY CHARGED WITH THE EXCESS COST INCURRED. ACCORDINGLY, THE SETTLEMENT OF AUGUST 24, 1955, IS SUSTAINED.

SINCE THE PAPERS FURNISHED BY YOU IN SUPPORT OF YOUR CLAIM CONSTITUTE A PART OF THE PERMANENT RECORD UPON WHICH SETTLEMENT ACTION WAS TAKEN, WE ARE UNABLE TO COMPLY WITH YOUR REQUEST THAT THE ENTIRE FILE OF DOCUMENTS BE RETURNED TO YOU.