B-126958, APR. 5, 1956

B-126958: Apr 5, 1956

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YOU WERE DETACHED FROM DUTY ON BOARD THE U.S.S. THE EFFECTS WEIGHING 920 POUNDS WERE SHIPPED BY EXPRESS ON GOVERNMENT BILL OF LADING NO. YOU WERE INFORMED THAT THIS METHOD SHOULD RESULT IN A SHIPMENT TIME OF SEVEN DAYS FROM MILWAUKEE TO LONG BEACH RATHER THAN AN APPROXIMATE TIME OF TWO WEEKS IF SHIPPED BY FREIGHT. SINCE YOUR EFFECTS WERE PICKED UP IN MILWAUKEE ON JULY 23. WERE DELIVERED TO YOUR RESIDENCE IN LONG BEACH ON OR ABOUT AUGUST 24. IT IS YOUR OPINION THAT YOUR EFFECTS WERE NOT SHIPPED VIA EXPRESS AS YOU REQUESTED BUT ACTUALLY MUST HAVE TRAVELED BY THE SLOWEST POSSIBLE MEANS. WHILE IT APPEARS THAT THERE WAS A DELAY BETWEEN THE TIME YOUR EFFECTS WERE PICKED UP IN MILWAUKEE AND THE DATE OF SHIPMENT.

B-126958, APR. 5, 1956

TO LIEUTENANT (JG) PATRICK J. MADDEN, UBN:

YOUR LETTER OF JANUARY 30, 1956, REQUESTS REVIEW OF THE SETTLEMENT OF OCTOBER 19, 1955, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF THE SUM OF $36.18 CHECKED AGAINST YOUR PAY ACCOUNT FOR THE EXCESS COST OF SHIPPING YOUR HOUSEHOLD EFFECTS FROM MILWAUKEE, WISCONSIN, TO PARAMOUNT, CALIFORNIA.

BY ORDERS DATED AUGUST 17, 1953, AS AMENDED, YOU WERE DETACHED FROM DUTY ON BOARD THE U.S.S. ESTES (AGC 12) AND DIRECTED TO REPORT ON OR ABOUT SEPTEMBER 1, 1953, TO LONG BEACH, CALIFORNIA, FOR DUTY WITH DESTROYER FLOTILLA ONE. ON JULY 19, 1954, YOU MADE APPLICATION FOR TRANSPORTATION OF 920 POUNDS OF HOUSEHOLD GOODS VIA RAILWAY EXPRESS FROM MILWAUKEE, WISCONSIN, TO PARAMOUNT, CALIFORNIA. THE EFFECTS WEIGHING 920 POUNDS WERE SHIPPED BY EXPRESS ON GOVERNMENT BILL OF LADING NO. N 31385603, FROM MILWAUKEE, WISCONSIN, ON AUGUST 11, 1954, AND DELIVERED AT PARAMOUNT, CALIFORNIA, ON AUGUST 19, 1954, AT A COST TO THE GOVERNMENT OF $144.43.

IN YOUR LETTER YOU SAY THAT WHEN YOU REQUESTED SHIPMENT BE EXPRESS AT GREAT LAKES, ILLINOIS, YOU WERE INFORMED THAT THIS METHOD SHOULD RESULT IN A SHIPMENT TIME OF SEVEN DAYS FROM MILWAUKEE TO LONG BEACH RATHER THAN AN APPROXIMATE TIME OF TWO WEEKS IF SHIPPED BY FREIGHT. SINCE YOUR EFFECTS WERE PICKED UP IN MILWAUKEE ON JULY 23, 1954, AND WERE DELIVERED TO YOUR RESIDENCE IN LONG BEACH ON OR ABOUT AUGUST 24, 1954, IT IS YOUR OPINION THAT YOUR EFFECTS WERE NOT SHIPPED VIA EXPRESS AS YOU REQUESTED BUT ACTUALLY MUST HAVE TRAVELED BY THE SLOWEST POSSIBLE MEANS.

IN YOUR APPLICATION FOR SHIPMENT OF YOUR EFFECTS YOU REQUESTED EXPRESS SHIPMENT FROM MILWAUKEE TO PARAMOUNT, CALIFORNIA. WHILE IT APPEARS THAT THERE WAS A DELAY BETWEEN THE TIME YOUR EFFECTS WERE PICKED UP IN MILWAUKEE AND THE DATE OF SHIPMENT, THE RECORD CLEARLY SHOWS THAT YOUR HOUSEHOLD EFFECTS ACTUALLY WERE SHIPPED BY EXPRESS AS YOU REQUESTED IN YOUR APPLICATION.

PARAGRAPH 8052 OF THE JOINT TRAVEL REGULATIONS, WHICH AUTHORIZES EXPRESS SHIPMENTS, PROVIDES THAT UNLESS THE SHIPPING OFFICER DESIGNATES EXPRESS AS THE METHOD OF SHIPMENT THE EXCESS COST OF SHIPPING BY EXPRESS OF THE WEIGHT IN EXCESS OF 500 POUNDS WILL BE BORNE BY THE OWNER. SINCE SHIPMENT BY EXPRESS WAS NOT DESIGNATED BY THE SHIPPING OFFICER AS THE METHOD OF SHIPMENT AND SINCE THE SHIPMENT WAS MADE BY EXPRESS PURSUANT TO YOUR APPLICATION AND WAS PAID FOR BY THE GOVERNMENT AT EXPRESS RATES, THERE IS NO LEGAL BASIS FOR REIMBURSEMENT TO YOU OF THE EXCESS COST OF SHIPPING MORE THAN THE AUTHORIZED ALLOWANCE OF 500 POUNDS.

ACCORDINGLY, THE SETTLEMENT OF OCTOBER 19, 1955, WAS CORRECT AND IS SUSTAINED.