B-130112, JAN. 18, 1957

B-130112: Jan 18, 1957

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USA: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 14. YOUR HOUSEHOLD EFFECTS WERE PACKED AND SHIPPED BY VAN FROM STAUNTON. THAT SHIPMENT IS REPORTED TO HAVE WEIGHED 6. SUPPORT OF YOUR CLAIM FOR REFUND OF THE AMOUNT SO PAID YOU SAY THAT SUBSTANTIALLY THE SAME EFFECTS WERE RECENTLY SHIPPED BY VAN FROM COLUMBUS. THAT THE WEIGHT OF THAT SHIPMENT AS SHOWN BY THE CARRIER WAS 4. 990 POUNDS FOR YOUR EFFECTS IS IN ERROR. THAT YOU ARE NOT PROPERLY CHARGEABLE WITH ANY EXCESS COST. ATTACHED TO THE VOUCHER ON WHICH PAYMENT WAS MADE FOR THE PACKING AND TRANSPORTATION OF YOUR EFFECTS. SHOWS THAT THE TARE AND GROSS WEIGHTS WERE AUTOMATICALLY POSTED ON THE TICKET BY A MECHANICAL DEVICE FORMING A PART OF THE SCALES.

B-130112, JAN. 18, 1957

TO MASTER SERGEANT LEONARD F. TAYLOR, USA:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 14, 1956, REQUESTING REVIEW OF SETTLEMENT DATED OCTOBER 27, 1956, 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 STAUNTON, VIRGINIA, TO COLUMBUS, GEORGIA, IN JULY 1955.

YOUR HOUSEHOLD EFFECTS WERE PACKED AND SHIPPED BY VAN FROM STAUNTON, VIRGINIA, TO COLUMBUS, GEORGIA, ON GOVERNMENT BILL OF LADING NO. WY 4775095, DATED JUNE 27, 1955, AT A COST TO THE GOVERNMENT OF $423.74, PAID ON VOUCHER NO. 90128, SEPTEMBER 1955 ACCOUNTS OF S. GADDIS. THAT SHIPMENT IS REPORTED TO HAVE WEIGHED 6,990 POUNDS, WHICH EXCEEDED BY 690 POUNDS YOUR AUTHORIZED WEIGHT ALLOWANCE OF 6,000 POUNDS PLUS 5 PERCENT FOR PACKING MATERIALS, AS PRESCRIBED IN PARAGRAPH 8001, JOINT TRAVEL REGULATIONS. THE EXCESS WEIGHT RESULTED IN EXCESS COST FOR TRANSPORTATION OF $40.09, WHICH AMOUNT HAS BEEN PAID BY YOU TO THE GOVERNMENT. SUPPORT OF YOUR CLAIM FOR REFUND OF THE AMOUNT SO PAID YOU SAY THAT SUBSTANTIALLY THE SAME EFFECTS WERE RECENTLY SHIPPED BY VAN FROM COLUMBUS, GEORGIA, TO ROANOKE, VIRGINIA, AND THAT THE WEIGHT OF THAT SHIPMENT AS SHOWN BY THE CARRIER WAS 4,380 POUNDS. BASED ON THAT SHOWING YOU CONTEND THAT THE WEIGHT OF 6,990 POUNDS FOR YOUR EFFECTS IS IN ERROR, AND THAT YOU ARE NOT PROPERLY CHARGEABLE WITH ANY EXCESS COST.

AN EXAMINATION OF THE SCALE TICKET DATED JULY 6, 1955, ATTACHED TO THE VOUCHER ON WHICH PAYMENT WAS MADE FOR THE PACKING AND TRANSPORTATION OF YOUR EFFECTS, SHOWS THAT THE TARE AND GROSS WEIGHTS WERE AUTOMATICALLY POSTED ON THE TICKET BY A MECHANICAL DEVICE FORMING A PART OF THE SCALES; AND THAT THE SCALE TICKET WAS SIGNED BY THE WEIGHER.

THE STATEMENTS MADE BY YOU IN SUPPORT OF YOUR CONTENTION THAT THE WEIGHT OF YOUR EFFECTS WAS INCORRECT MAY NOT BE ACCEPTED AS CONTRAVENING THE WEIGHT SHOWN ON THE WEIGHT CERTIFICATE FURNISHED BY THE CARRIER AND ATTACHED TO THE ORIGINAL BILL OF LADING. THAT WEIGHT CERTIFICATE SHOWS THAT THE HOUSEHOLD EFFECTS SHIPPED FOR YOU EXCEEDED YOUR AUTHORIZED WEIGHT ALLOWANCE INCREASED BY 5 PERCENT FOR PACKING MATERIALS, AND THE INCREASED COST INCURRED BY REASON OF SUCH EXCESS WEIGHT PROPERLY WAS CHARGEABLE TO YOU.