B-129376, OCT. 16, 1956

B-129376: Oct 16, 1956

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YOU WERE DIRECTED TO MOVE ON PERMANENT CHANGE OF STATION FROM THE UNITED STATES NAVAL HOSPITAL. YOUR HOUSEHOLD EFFECTS AND PROFESSIONAL BOOKS WERE PACKED AND SHIPPED FROM BREMERTON. THE COST OF THAT SHIPMENT TO THE GOVERNMENT WAS $1. THE SHIPMENT IS REPORTED TO HAVE WEIGHED 12. THE EXCESS WEIGHT RESULTED IN EXCESS COST FOR TRANSPORTATION IN THE AMOUNT OF $358.05 WHICH WAS PAID BY YOU TO THE GOVERNMENT. THESE ITEMS WERE NOT WEIGHED BY THE CARRIER BUT YOU ESTIMATE THEY WEIGHED APPROXIMATELY 1. 000 POUNDS AND YOUR CLAIM FOR A PARTIAL REFUND IS BASED SOLELY ON THIS ESTIMATE. THE SHIPMENT OF PROFESSIONAL BOOKS AND EQUIPMENT OF MEMBERS OF THE UNIFORMED SERVICES IS GOVERNED BY PARAGRAPH 8002 OF THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949.

B-129376, OCT. 16, 1956

TO DR. DONALD C. WARD:

YOUR LETTER OF SEPTEMBER 18, 1956, REQUESTS REVIEW OF SETTLEMENT DATED SEPTEMBER 13, 1956, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF THE SUM OF $358.05 PAID BY YOU TO THE GOVERNMENT AS EXCESS COST FOR TRANSPORTATION OF YOUR HOUSEHOLD EFFECTS FROM BREMERTON, WASHINGTON, TO OCEANSIDE, CALIFORNIA.

BY ORDERS DATED AUGUST 18, 1955, YOU WERE DIRECTED TO MOVE ON PERMANENT CHANGE OF STATION FROM THE UNITED STATES NAVAL HOSPITAL, BREMERTON, WASHINGTON, TO THE UNITED STATES NAVAL HOSPITAL, CAMP PENDLETON, CALIFORNIA. PURSUANT TO YOUR APPLICATION DATED SEPTEMBER 2, 1955, IN WHICH YOU AGREED TO PAY ALL COSTS NOT AUTHORIZED BY REGULATIONS TO BE PAID BY THE GOVERNMENT, YOUR HOUSEHOLD EFFECTS AND PROFESSIONAL BOOKS WERE PACKED AND SHIPPED FROM BREMERTON, WASHINGTON, TO OCEANSIDE, CALIFORNIA, ON GOVERNMENT BILL OF LADING. THE COST OF THAT SHIPMENT TO THE GOVERNMENT WAS $1,456.41. THE SHIPMENT IS REPORTED TO HAVE WEIGHED 12,560 POUNDS WHICH EXCEEDED BY 3,635 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 IN THE AMOUNT OF $358.05 WHICH WAS PAID BY YOU TO THE GOVERNMENT. YOU NOW CLAIM REFUND OF PART OF THAT AMOUNT ON THE BASIS THAT THE SHIPMENT INCLUDED PROFESSIONAL BOOKS AND EQUIPMENT. THESE ITEMS WERE NOT WEIGHED BY THE CARRIER BUT YOU ESTIMATE THEY WEIGHED APPROXIMATELY 1,000 POUNDS AND YOUR CLAIM FOR A PARTIAL REFUND IS BASED SOLELY ON THIS ESTIMATE.

THE SHIPMENT OF PROFESSIONAL BOOKS AND EQUIPMENT OF MEMBERS OF THE UNIFORMED SERVICES IS GOVERNED BY PARAGRAPH 8002 OF THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 814. SECTION 303 (C) PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED, IN CONNECTION WITH A CHANGE OF STATION, TO ,TRANSPORTATION (INCLUDING PACKING, CRATING, DRAYAGE, TEMPORARY STORAGE, AND UNPACKING) OF BAGGAGE AND HOUSEHOLD EFFECTS" TO AND FROM SUCH LOCATIONS AS MAY BE PRESCRIBED BY THE SECRETARY CONCERNED. PARAGRAPH 8002 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT WHEN A MEMBER CERTIFIES THAT HIS PROFESSIONAL BOOKS AND PAPERS ARE NECESSARY IN THE PERFORMANCE OF HIS OFFICIAL DUTIES, SHIPMENT MAY BE MADE WITHOUT CHARGE AGAINST THE PRESCRIBED WEIGHT ALLOWANCE. IT ALSO PROVIDES THAT THE 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.

UNDER THE REGULATION YOU WERE ENTITLED TO HAVE INCLUDED IN THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS WITHOUT CHARGE AGAINST YOUR AUTHORIZED WEIGHT ALLOWANCES THE PROFESSIONAL BOOKS AND EQUIPMENT WHICH YOU INDICATE WERE NECESSARY IN THE PERFORMANCE OF YOUR OFFICIAL DUTIES. HOWEVER, NO EVIDENCE HAS BEEN FURNISHED SHOWING THE WEIGHT OF THESE ITEMS INCLUDED IN THE SHIPMENT. YOUR PRESENT ESTIMATE THAT THE BOOKS AND EQUIPMENT WEIGHED 1,000 POUNDS IS NOT SUPPORTED BY ANY EVIDENCE WHICH WOULD INDICATE THE ACCURACY OF THE ESTIMATE. YOUR UNSUPPORTED STATEMENT THAT THEY WEIGHED 1,000 POUNDS MAY NOT BE USED AS A LEGAL BASIS FOR THE PAYMENT OF YOUR CLAIM.

ACCORDINGLY, THERE IS NO BASIS UPON WHICH WE MAY DETERMINE THE WEIGHT OF YOUR PROFESSIONAL BOOKS AND EQUIPMENT AND, ON THE PRESENT RECORD, THE SETTLEMENT OF SEPTEMBER 13, 1956, IS ..END :