B-132782, SEP. 24, 1957

B-132782: Sep 24, 1957

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ADC: REFERENCE IS MADE TO YOUR LETTER RECEIVED HERE ON JULY 26. YOU WERE DETACHED FROM YOUR DUTY STATION AT MEMPHIS. YOUR HOUSEHOLD EFFECTS WERE SHIPPED BY VAN FROM MILLINGTON. THAT AMOUNT WAS PAID TO THE CARRIER. THE SHIPMENT IS REPORTED TO HAVE WEIGHED 5. THE EXCESS WEIGHT RESULTED IN EXCESS COST FOR TRANSPORTATION IN THE AMOUNT OF $84.54 WHICH WAS PAID BY YOU TO THE GOVERNMENT. THE RECORD SHOWS THAT YOUR EFFECTS WERE WEIGHED FOR ATLAS VAN LINES AT THE DAVIS HAY AND GRAIN COMPANY ON NOVEMBER 1. SIGNED BY THE WEIGHER AND ATTACHED TO THE VOUCHER ON WHICH PAYMENT WAS MADE FOR THE PACKING AND TRANSPORTATION OF YOUR EFFECTS. SHOWS THE GROSS WEIGHT WAS 29. THE TARE WEIGHT WAS 23. 990 POUNDS AND THE NET WEIGHT WAS 5.

B-132782, SEP. 24, 1957

TO ROY E. DILDAY, ADC:

REFERENCE IS MADE TO YOUR LETTER RECEIVED HERE ON JULY 26, 1957, REQUESTING REVIEW OF SETTLEMENT DATED JUNE 28, 1957, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF THE AMOUNT PAID BY YOU TO THE GOVERNMENT AS EXCESS COST FOR TRANSPORTATION OF HOUSEHOLD EFFECTS FROM MILLINGTON, TENNESSEE, TO SAN DIEGO, CALIFORNIA.

BY ORDERS DATED OCTOBER 21, 1952, YOU WERE DETACHED FROM YOUR DUTY STATION AT MEMPHIS, TENNESSEE, AND ASSIGNED TO DUTY AT SAN YSIDRO, CALIFORNIA. PURSUANT TO YOUR APPLICATION DATED OCTOBER 17, 1952, IN WHICH YOU AGREED TO PAY ALL COSTS NOT AUTHORIZED BY REGULATIONS TO BE PAID BY THE GOVERNMENT, YOUR HOUSEHOLD EFFECTS WERE SHIPPED BY VAN FROM MILLINGTON, TENNESSEE, TO SAN DIEGO, CALIFORNIA, ON GOVERNMENT BILL OF LADING NO. N 9793499, DATED OCTOBER 21, 1952, AT A COST TO THE GOVERNMENT OF $551.16 FOR TRANSPORTATION AND ACCESSORIAL SERVICES. THAT AMOUNT WAS PAID TO THE CARRIER, ATLAS VAN LINES, INC., CHICAGO, ILLINOIS, ON VOUCHER NO. 180309, DECEMBER 1952 ACCOUNT OF J. A. DAVIS, SYMBOL 51-053. THE SHIPMENT IS REPORTED TO HAVE WEIGHED 5,450 POUNDS, WHICH EXCEEDED BY 725 POUNDS YOUR AUTHORIZED WEIGHT ALLOWANCE OF 4,500 POUNDS, AS PRESCRIBED IN PARAGRAPHS 8001 AND 8002, JOINT TRAVEL REGULATIONS. THE EXCESS WEIGHT RESULTED IN EXCESS COST FOR TRANSPORTATION IN THE AMOUNT OF $84.54 WHICH WAS PAID BY YOU TO THE GOVERNMENT. YOU NOW CLAIM REFUND ON THAT AMOUNT ON THE GROUND THAT SUBSTANTIALLY THE SAME HOUSEHOLD EFFECTS WHEN SHIPPED IN YOUR LAST MOVE WEIGHED ONLY 3,557 POUNDS.

THE RECORD SHOWS THAT YOUR EFFECTS WERE WEIGHED FOR ATLAS VAN LINES AT THE DAVIS HAY AND GRAIN COMPANY ON NOVEMBER 1, 1952. AN EXAMINATION OF THE SCALE TICKET, SIGNED BY THE WEIGHER AND ATTACHED TO THE VOUCHER ON WHICH PAYMENT WAS MADE FOR THE PACKING AND TRANSPORTATION OF YOUR EFFECTS, SHOWS THE GROSS WEIGHT WAS 29,440 POUNDS, THE TARE WEIGHT WAS 23,990 POUNDS AND THE NET WEIGHT WAS 5,450 POUNDS. WHILE IT MAY BE THAT A SUBSEQUENT SHIPMENT OF HOUSEHOLD EFFECTS WAS MADE FOR YOU ON THE BASIS OF A LESSER WEIGHT, SUCH FACT MAY NOT BE ACCEPTED AS CONTRAVENING THE WEIGHT SHOWN ON THE WEIGHT CERTIFICATE. THAT CERTIFICATE SHOWS THAT THE HOUSEHOLD EFFECTS SHIPPED FOR YOU INCIDENT TO THE ORDERS OF OCTOBER 21, 1952, EXCEEDED YOUR AUTHORIZED WEIGHT ALLOWANCE INCREASED BY 5 PERCENT FOR PACKING MATERIALS AND THE INCREASED COST INCURRED BY REASON OF THE WEIGHT SO SHOWN PROPERLY WAS CHARGEABLE TO YOU.

ACCORDINGLY, THERE IS NO AUTHORITY FOR THE PAYMENT OF YOUR CLAIM, AND THE SETTLEMENT OF JUNE 28, 1957, WAS CORRECT AND IS SUSTAINED.