B-130970, APR. 22, 1957

B-130970: Apr 22, 1957

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BY WHICH YOU WERE ALLOWED THE SUM OF $25.74. THE CHECK FOR THE ABOVE AMOUNT WAS ENCLOSED WITH YOUR LETTER. YOU WERE TRANSFERRED FROM YOUR DUTY STATION AT PHILADELPHIA. YOUR HOUSEHOLD EFFECTS WERE PACKED AND SHIPPED FROM THE MILLER NORTH BROAD STORAGE COMPANY. THE COST OF THAT SHIPMENT TO THE GOVERNMENT WAS $363.77. THE SHIPMENT WAS REPORTED TO HAVE WEIGHED $6. THE CARRIER ENCLOSED A PHOTOSTATIC COPY OF THE OUTBOUND WEIGHT CERTIFICATE WHICH SHOWS THAT YOUR GOODS WERE WEIGHED ON NOVEMBER 11. THE NET WEIGHT OF THE SHIPMENT IS CERTIFIED BY WEIGHTMASTER T. ALSO ENCLOSED WAS A CHECK FOR $25.74 TO COVER THE DIFFERENCE. THIS AMOUNT WAS ALLOWED TO YOU BY OUR SETTLEMENT OF AUGUST 2. 265 POUNDS) AS CERTIFIED BY THE WEIGHTMASTER OF THE MILLER NORTH BROAD STORAGE COMPANY IS ERRONEOUS SINCE YOU ASSIGNED A PART OF YOUR HOUSEHOLD EFFECTS TO THAT COMPANY FOR DISPOSITION TO A CHARITY TO BE SELECTED BY THAT COMPANY IN ORDER TO REDUCE THE WEIGHT OF YOUR HOUSEHOLD EFFECTS TO THE AUTHORIZED WEIGHT ALLOWANCE.

B-130970, APR. 22, 1957

TO SIDNEY G. OLSON, HM1, USN:

YOUR LETTER OF NOVEMBER 13, 1956, WITH ENCLOSURES, REQUESTS REVIEW OF THE ACTION TAKEN BY OUR CLAIMS DIVISION IN SETTLEMENT DATED AUGUST 2, 1956, BY WHICH YOU WERE ALLOWED THE SUM OF $25.74, REPRESENTING EXCESSIVE COLLECTION ON THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS INCIDENT TO CHANGE OF STATION ORDERS DATED JUNE 26, 1952. THE CHECK FOR THE ABOVE AMOUNT WAS ENCLOSED WITH YOUR LETTER.

BY ORDERS DATED JUNE 26, 1952, YOU WERE TRANSFERRED FROM YOUR DUTY STATION AT PHILADELPHIA, PENNSYLVANIA, TO THE FLEET AIRCRAFT SERVICE SQUADRON, QUONSET POINT, RHODE ISLAND. PURSUANT TO YOUR APPLICATION DATED NOVEMBER 4, 1952, IN WHICH YOU AGREED TO PAY ALL COSTS NOT AUTHORIZED BY REGULATIONS TO BE PAID BY THE GOVERNMENT, YOUR HOUSEHOLD EFFECTS WERE PACKED AND SHIPPED FROM THE MILLER NORTH BROAD STORAGE COMPANY, PHILADELPHIA, PENNSYLVANIA, TO THE CADY MOVING AND STORAGE COMPANY, PROVIDENCE, RHODE ISLAND, ON GOVERNMENT BILL OF LADING. THE COST OF THAT SHIPMENT TO THE GOVERNMENT WAS $363.77. THE SHIPMENT WAS REPORTED TO HAVE WEIGHED $6,980 POUNDS WHICH EXCEEDED BY 2,255 POUNDS,YOUR AUTHORIZED WEIGHT ALLOWANCE OF 4,500 POUNDS PLUS 5 PERCENT OR 4,725 POUNDS, AS PRESCRIBED IN PARAGRAPHS 8001 AND 8002, JOINT TRAVEL REGULATIONS. THE EXCESS WEIGHT RESULTED IN EXCESS COST FOR TRANSPORTATION IN THE AMOUNT OF $81.18 WHICH HAS BEEN PAID BY YOU TO THE GOVERNMENT.

PURSUANT TO YOUR REQUEST OF MAY 27, 1954, THE ADMINISTRATIVE OFFICE REQUESTED THE CARRIER TO VERIFY THE WEIGHT OF YOUR SHIPMENT TO RHODE ISLAND. A REPORT FROM THE CARRIER STATES THAT IT INADVERTENTLY USED THE INBOUND WEIGHTS OF YOUR HOUSEHOLD EFFECTS SHIPPED FROM COLUMBUS GROVE, OHIO, TO PHILADELPHIA, PENNSYLVANIA, WHEN BILLING ON THE OUTBOUND SHIPMENT FROM PHILADELPHIA TO RHODE ISLAND. THE CARRIER ENCLOSED A PHOTOSTATIC COPY OF THE OUTBOUND WEIGHT CERTIFICATE WHICH SHOWS THAT YOUR GOODS WERE WEIGHED ON NOVEMBER 11, 1952, AND THE NET WEIGHT OF THE SHIPMENT IS CERTIFIED BY WEIGHTMASTER T. J. KLEINSMITT AS 6,265 POUNDS. ALSO ENCLOSED WAS A CHECK FOR $25.74 TO COVER THE DIFFERENCE. THIS AMOUNT WAS ALLOWED TO YOU BY OUR SETTLEMENT OF AUGUST 2, 1956. IT APPEARS TO BE YOUR CONTENTION THAT THE WEIGHT OF YOUR HOUSEHOLD EFFECTS (6,265 POUNDS) AS CERTIFIED BY THE WEIGHTMASTER OF THE MILLER NORTH BROAD STORAGE COMPANY IS ERRONEOUS SINCE YOU ASSIGNED A PART OF YOUR HOUSEHOLD EFFECTS TO THAT COMPANY FOR DISPOSITION TO A CHARITY TO BE SELECTED BY THAT COMPANY IN ORDER TO REDUCE THE WEIGHT OF YOUR HOUSEHOLD EFFECTS TO THE AUTHORIZED WEIGHT ALLOWANCE.

THE RECORD DOES CONTAIN A COPY OF YOUR SIGNED STATEMENT DATED OCTOBER 18, 1952, IN WHICH YOU ASSIGNED YOUR TITLE AND RIGHTS OF OWNERSHIP TO CERTAIN ITEMS OF HOUSEHOLD GOODS TO THE MILLER NORTH BROAD STORAGE COMPANY. THERE IS NO SHOWING, HOWEVER, THAT THE COMPANY ACCEPTED OR DISPOSED OF THE PROPERTY. IN FACT YOUR APPLICATION FOR THE TRANSPORTATION OF HOUSEHOLD EFFECTS TO THE CADY MOVING AND STORAGE COMPANY DATED NOVEMBER 4, 1952, WHICH WAS PREPARED ON YOUR BEHALF BY THE SUPPLY OFFICER, PHILADELPHIA NAVAL SHIPYARD, PHILADELPHIA, PENNSYLVANIA, SHOWS THE APPROXIMATE AMOUNT OF YOUR HOUSEHOLD EFFECTS TO BE SHIPPED AS 6,980 POUNDS. SINCE THE CARRIER, MILLER NORTH BROAD STORAGE COMPANY, PHILADELPHIA, PENNSYLVANIA, CERTIFIED ON THE BASIS OF THE WEIGHTMASTER'S CERTIFICATE THAT THE EFFECTS SHIPPED FOR YOU WEIGHED 6,265 POUNDS, AND SINCE PAYMENT HAS BEEN MADE TO THE CARRIER BY THE GOVERNMENT ON THAT BASIS, 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 BY THE CARRIER. 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.

ACCORDINGLY, THE SETTLEMENT OF AUGUST 2, 1956, WAS CORRECT AND IS SUSTAINED. THE CHECK FOR $25.74 IS ENCLOSED.