B-126447, FEB. 7, 1956

B-126447: Feb 7, 1956

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YOU WERE TRANSFERRED AS A CAPTAIN. YOUR HOUSEHOLD EFFECTS AND PROFESSIONAL BOOKS WERE PACKED AND SHIPPED BY VAN FROM DALY CITY. WAS PAID ON VOUCHER NO. 81742. THE SHIPMENT IS REPORTED TO HAVE WEIGHED 10. IN YOUR REQUEST FOR REVIEW YOU SAY THAT THE AUTHORIZED ALLOWANCE WAS NOT EXCEEDED. THIS IS BASED ON A BREAKDOWN OF THE WEIGHT OF THE SHIPMENT WHICH SHOWS THE WEIGHT OF THE PROFESSIONAL BOOKS AND PAPERS TO BE 2. YOU SAY THAT THE FIGURE FOR PROFESSIONAL BOOKS AND PAPERS WHICH WAS USED IN THE COMPUTATION OF THE CLAIM. WAS AN ESTIMATE WHICH YOU FURNISHED THE TRANSPORTATION OFFICER AT THE PRESIDIO OF SAN FRANCISCO AT HIS REQUEST. YOU ALSO SAY THAT THE SHIPMENT WAS THROUGH TO DESTINATION AND WAS NOT OFF LOADED EN ROUTE WHERE A WEIGHT BY ITEM COULD BE DETERMINED OTHER THAN BY YOUR ORIGINAL ESTIMATE.

B-126447, FEB. 7, 1956

TO CAPTAIN CHARLES I. WHITE, U.S.A.:

YOUR LETTER OF NOVEMBER 29, 1955, REQUESTS REVIEW OF SETTLEMENT DATED NOVEMBER 22, 1955, 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 DALY CITY, CALIFORNIA, TO FORT LEAVENWORTH, KANSAS.

BY ORDERS DATED APRIL 21, 1954, YOU WERE TRANSFERRED AS A CAPTAIN, UNITED STATES ARMY, FROM DUTY AT THE PRESIDIO OF SAN FRANCISCO, CALIFORNIA, TO DUTY AT FORT LEAVENWORTH, KANSAS. PURSUANT TO YOUR APPLICATION DATED JUNE 14, 1954, IN WHICH YOU AGREED TO PAY ALL COSTS NOT AUTHORIZED BY REGULATIONS, YOUR HOUSEHOLD EFFECTS AND PROFESSIONAL BOOKS WERE PACKED AND SHIPPED BY VAN FROM DALY CITY, CALIFORNIA, TO FORT LEAVENWORTH, KANSAS, ON GOVERNMENT BILL OF LADING NO. WY-3 623560, DATED JULY 16, 1954. THE COST TO THE GOVERNMENT FOR THAT SHIPMENT, $1,314.97 FOR TRANSPORTATION AND ACCESSORIAL CHARGES, WAS PAID ON VOUCHER NO. 81742, SEPTEMBER 1954 ACCOUNT OF S. CADDIE, LT. COL., F.C., SYMBOL 227. THE SHIPMENT IS REPORTED TO HAVE WEIGHED 10,850 POUNDS INCLUDING 1,350 POUNDS OF PROFESSIONAL BOOKS. THAT WEIGHT EXCEEDED BY 575 POUNDS YOUR AUTHORIZED WEIGHT ALLOWANCE OF 8,925 POUNDS, EXCLUSIVE OF PROFESSIONAL BOOKS, AS PRESCRIBED IN PARAGRAPHS 8001 AND 8002, JOINT TRAVEL REGULATIONS. THE EXCESS WEIGHT RESULTED IN EXCESS COST FOR TRANSPORTATION OF $64.08 WHICH AMOUNT HAS BEEN PAID BY YOU TO THE GOVERNMENT.

IN YOUR REQUEST FOR REVIEW YOU SAY THAT THE AUTHORIZED ALLOWANCE WAS NOT EXCEEDED. THIS IS BASED ON A BREAKDOWN OF THE WEIGHT OF THE SHIPMENT WHICH SHOWS THE WEIGHT OF THE PROFESSIONAL BOOKS AND PAPERS TO BE 2,000 POUNDS. YOU SAY THAT THE FIGURE FOR PROFESSIONAL BOOKS AND PAPERS WHICH WAS USED IN THE COMPUTATION OF THE CLAIM, 1,350 POUNDS, WAS AN ESTIMATE WHICH YOU FURNISHED THE TRANSPORTATION OFFICER AT THE PRESIDIO OF SAN FRANCISCO AT HIS REQUEST. YOU ALSO SAY THAT THE SHIPMENT WAS THROUGH TO DESTINATION AND WAS NOT OFF LOADED EN ROUTE WHERE A WEIGHT BY ITEM COULD BE DETERMINED OTHER THAN BY YOUR ORIGINAL ESTIMATE. YOU HAVE FURNISHED NO EVIDENCE TO SHOW THAT YOUR PRESENT ESTIMATE THAT THE BOOKS AND PAPERS WEIGHED 2,000 POUNDS IS MORE ACCURATE THAN YOUR ORIGINAL ESTIMATE THAT THEY WEIGHED 1,350 POUNDS. HENCE, THERE IS NO PROPER BASIS ON THE PRESENT RECORD UPON WHICH WE MAY DETERMINE THE ACTUAL WEIGHT OF YOUR PROFESSIONAL BOOKS AND PAPERS AT THE TIME OF SHIPMENT. PARAGRAPH 8002, JOINT TRAVEL REGULATIONS, REQUIRES THAT PROFESSIONAL BOOKS AND PAPERS BE PACKED SEPARATELY, CLEARLY MARKED AS SUCH, AND THAT THE WEIGHT OF THOSE ITEMS BE SHOWN SEPARATELY ON THE BILL OF LADING. THE CARRIER WHO TRANSPORTED YOUR EFFECTS CERTIFIED THAT THE WEIGHT OF YOUR PROFESSIONAL BOOKS AND PAPERS WAS 1,350 POUNDS, AND, IN THE ABSENCE OF CONVINCING EVIDENCE THAT THAT FIGURE IS NOT CORRECT, WE MAY NOT CONCLUDE THAT YOU SHIPPED SOME OTHER AMOUNT OF PROFESSIONAL BOOKS AND PAPERS. YOUR UNSUPPORTED STATEMENT THAT THEY WEIGHED 2,000 POUNDS MAY NOT BE USED AS A LEGAL BASIS FOR THE PAYMENT OF YOUR CLAIM.