B-131622, JUN. 17, 1957

B-131622, JUN. 17, 1957

TO MR. HENRY L. BERRYHILL, JR.:

YOUR LETTER OF APRIL 11, 1957, REQUESTS RECONSIDERATION OF OUR OFFICE SETTLEMENT DATED APRIL 2, 1957, WHICH DISALLOWED YOUR CLAIM FOR $120.48. THAT AMOUNT REPRESENTS A PORTION OF THE SUM OF $219.36 HERETOFORE REPORTED TO BE DUE THE UNITED STATES IN CONNECTION WITH THE SHIPMENT (INCLUDING PACKING, CRATING, DRAYAGE, AND UNPACKING) OF YOUR HOUSEHOLD GOODS AND PERSONAL EFFECTS FROM NEW PHILADELPHIA, OHIO, TO HATO REY, PUERTO RICO, AS AN EMPLOYEE OF THE GEOLOGICAL SURVEY, DEPARTMENT OF THE INTERIOR.

BY TRANSFER ORDERS NO. G-792, DATED OCTOBER 11, 1955, YOU WERE DIRECTED TO PROCEED FROM NEW PHILADELPHIA, OHIO, TO HATO REY, PUERTO RICO, FOR PERMANENT DUTY. THE TRANSFER ORDERS PROVIDED FOR YOUR TRANSPORATION AND THAT OF YOUR IMMEDIATE FAMILY, AND FOR THE TRANSPORTATION OF YOUR HOUSEHOLD GOODS AND PERSONAL EFFECTS (WITHIN THE AUTHORIZED WEIGHT ALLOWANCE) TO THE NEW DUTY STATION AT GOVERNMENT EXPENSE. INFORMATION ON FILE HERE DISCLOSES THAT THE SUM OF $1,931.62 (ITEMIZED BELOW) WAS EXPENDED BY THE GOVERNMENT FOR THE MOVEMENT OF YOUR EFFECTS BETWEEN THE ABOVE-MENTIONED DUTY STATIONS:

(1) $1,084.82 CURLES MOVERS--- FOR TRANSPORTATION OF YOUR EFFECTS

FROM NEW PHILADELPHIA, OHIO, TO A WAREHOUSE IN

SILVER SPRING, MD., INCLUDING THE COST OF PREPARING,

PACKING, AND CRATING FOR OVERSEAS SHIPMENT.

(2) 128.08 POWELL TRANSPORTATION INC.,--- FOR TRANSPORTING BY

MOTOR VAN 9,871 POUNDS OF EFFECTS AS PACKED AND

CRATED FROM SILVER SPRING TO BALTIMORE, MD.

(3) 596.25 BULL INSULAR LINE, INC.--- FOR OCEAN TRANSPORTATION OF

9,871 POUNDS FROM BALTIMORE TO SAN JUAN, P.R.

(4) 122.47 SIEGMUND COMPANY--- FOR DRAYAGE AND UNPACKING AT

DESTINATION.

SINCE SECTION 1 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, 60 STAT. 806, AND SECTION 17 OF EXECUTIVE ORDER NO. 9805, AS AMENDED BY EXECUTIVE ORDER NO. 10196, AUTHORIZES THE SHIPMENT OF ONLY 8,750 POUNDS (GROSS) OF HOUSEHOLD GOODS AND PERSONAL EFFECTS TO OR FROM POINTS OUTSIDE THE CONTINENTAL UNITED STATES AT GOVERNMENT EXPENSE, YOU WERE ASSESSED THE SUM OF $219.36 ( 1121/9871 OF $1,931.62) AS YOUR PRO RATA SHARE COVERING THE INCREASED COST OF THE SHIPMENT DUE TO EXCESS WEIGHT. IT IS SHOWN THAT THE SUM OF $201.50 OTHERWISE DUE YOU FOR TRAVEL EXPENSES HAS BEEN WITHHELD AND APPLIED AS A CREDIT IN PARTIAL LIQUIDATION OF YOUR REPORTED INDEBTEDNESS.

IN YOUR LETTER REQUESTING REVIEW OF THE SETTLEMENT, YOU REFER TO THE FACT THAT THE ORIGINAL CARRIER--- CURLES MOVERS--- TRANSPORTED YOUR EFFECTS TO WASHINGTON, D.C. (SILVER SPRING, MD.), WHERE THEY WERE CRATED AND PREPARED FOR MOVEMENT OVERSEAS. SINCE THE WEIGHT OF YOUR EFFECTS BEFORE BEING CRATED AND PREPARED FOR OCEAN SHIPMENT WAS LESS THAN 7,000 POUNDS YOU EXPRESS THE VIEW THAT NO EXCESS CHARGES SHOULD BE ASSESSED ON $1,084.82, ITEM 1 ABOVE. YOU THEREFORE CONTEND THAT YOU ARE ENTITLED TO A REFUND OF $120.48.

THE RECORD SHOWS THAT THE CONTRACT BETWEEN CURLES MOVERS AND THE UNITED STATES FOR "PRELIMINARY NECESSARY PACKING OF CHINA, ETC., AT RESIDENT; DRAYAGE TO CONTRACTOR'S WAREHOUSE, EXPORT PACKING AND DELIVERING AND PLACING ON BOARD ROLLING STOCK OF A COMMON CARRIER" OF YOUR HOUSEHOLD GOODS LOCATED AT NEW PHILADELPHIA, OHIO, WAS AT BID PRICE OF $10.99 CWT.'PACKED GROSS WEIGHT.' THUS, THE UNITED STATES GOVERNMENT WAS REQUIRED UNDER THE SPECIFIC TERMS OF ITS CONTRACT TO PAY CURLES MOVERS AT THE "GROSS" WEIGHT. WE EMPHASIZE THE POINT HERE THAT THE CONTRACT PROVIDES NO BREAKDOWN OF CHARGES FOR THE VARIOUS SERVICES BUT, INSTEAD, IS AT A SPECIFIC RATE FOR THE COMBINED SERVICES BASED UPON GROSS WEIGHT. THE LAW AND REGULATIONS LIMITS THE GOVERNMENTS' OBLIGATION TO 8,750 POUNDS GROSS. THE ACTUAL GROSS WEIGHT WAS 9,871 POUNDS. ACCORDINGLY, WE HAVE NO ALTERNATIVE BUT TO REQUIRE REIMBURSEMENT FROM YOU FOR THE EXCESS COSTS IN ACCORDANCE WITH FORMULA SET FORTH ABOVE.