B-133427, SEP. 24, 1957

B-133427: Sep 24, 1957

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YOU WERE TRANSFERRED FROM YOUR DUTY STATION AT NEW LONDON. YOUR NET WEIGHT ALLOWANCE FOR SHIPMENT OF HOUSEHOLD EFFECTS WAS 5. TWO SHIPMENTS WERE MADE. IN YOUR PRESENT LETTER YOU SAY YOU FEEL THAT THE MOVERS MIS-WEIGHED YOUR HOUSEHOLD EFFECTS (SHIPMENT NO. 2) AND IF POSSIBLE YOU WOULD LIKE TO HAVE YOUR FURNITURE WEIGHED AGAIN. 050 POUNDS FOR YOUR EFFECTS WAS IN ERROR. THAT YOU ARE NOT PROPERLY CHARGEABLE WITH ANY EXCESS COSTS. ATTACHED TO THE VOUCHER ON WHICH PAYMENT WAS MADE FOR THE TRANSPORTATION AND PACKING OF YOUR EFFECTS INCLUDED IN SHIPMENT NO. 2 SHOWS THAT THE TARE AND GROSS WEIGHTS WERE AUTOMATICALLY POSTED ON THE TICKET BY A MECHANICAL DEVICE FORMING A PART OF THE SCALES. THAT THE SCALE TICKET WAS SIGNED BY THE WEIGHER.

B-133427, SEP. 24, 1957

TO JAMES V. EDSON, HDL, USN:

YOUR LETTER DATED JULY 31, 1957, REQUESTED REVIEW OF OUR SETTLEMENT DATED JULY 24, 1957, WHICH DISALLOWED YOUR CLAIM FOR $236 REPRESENTING THE AMOUNT PAID BY YOU TO THE GOVERNMENT AS EXCESS COST OF SHIPPING YOUR HOUSEHOLD GOODS UNDER THE CIRCUMSTANCES SHOWN BELOW.

BY ORDERS DATED AUGUST 22, 1956, YOU WERE TRANSFERRED FROM YOUR DUTY STATION AT NEW LONDON, CONNECTICUT, TO PEARL HARBOR, HAWAII, FOR DUTY. YOUR NET WEIGHT ALLOWANCE FOR SHIPMENT OF HOUSEHOLD EFFECTS WAS 5,500 POUNDS. TWO SHIPMENTS WERE MADE. YOU EXHAUSTED 374 POUNDS (524 POUNDS LESS TWO-SEVENTHS FOR PACKING FOR EXPRESS SHIPMENT) BY THE FIRST SHIPMENT. THIS LEFT A BALANCE IN YOUR WEIGHT ALLOWANCE OF 5,126 POUNDS, PLUS 5 PERCENT FOR PACKING FOR SHIPMENT BY SEA VAN, OR 5,382 POUNDS. SHIPMENT NO. 2 CONSISTED OF 6,050 POUNDS. THEREFORE, YOU EXCEEDED YOUR WEIGHT ALLOWANCE BY 668 POUNDS (6,050 POUNDS LESS 5,382 POUNDS) WHICH RESULTED IN AN EXCESS COST OF $237.94 WHICH HAS BEEN CHECKED IN YOUR PAY ACCOUNT.

IN YOUR PRESENT LETTER YOU SAY YOU FEEL THAT THE MOVERS MIS-WEIGHED YOUR HOUSEHOLD EFFECTS (SHIPMENT NO. 2) AND IF POSSIBLE YOU WOULD LIKE TO HAVE YOUR FURNITURE WEIGHED AGAIN. YOU SAY THIS WOULD SHOW THAT THE WEIGHT OF 6,050 POUNDS FOR YOUR EFFECTS WAS IN ERROR, AND THAT YOU ARE NOT PROPERLY CHARGEABLE WITH ANY EXCESS COSTS.

AN EXAMINATION OF THE SCALE TICKET DATED AUGUST 31, 1956, ATTACHED TO THE VOUCHER ON WHICH PAYMENT WAS MADE FOR THE TRANSPORTATION AND PACKING OF YOUR EFFECTS INCLUDED IN SHIPMENT NO. 2 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. ON THE BASIS OF THIS WEIGHMASTER'S CERTIFICATE THE CARRIER, UNITED VAN LINES, INC., HAS CERTIFIED THAT THE EFFECTS SHIPPED FOR YOU IN SHIPMENT NO. 2 WEIGHED 6,050 POUNDS, AND YOUR UNSUPPORTED STATEMENT THAT THE WEIGHT OF YOUR EFFECTS WAS INCORRECT MAY NOT BE ACCEPTED AS CONTRAVENING THE WEIGHT SO SHOWN. SUCH WEIGHT CERTIFICATE SHOWS THAT THE HOUSEHOLD EFFECTS SHIPPED FOR YOU EXCEEDED YOUR AUTHORIZED WEIGHT ALLOWANCE FOR PACKING AND CRATING, AND THE INCREASED COST INCURRED BY REASON OF SUCH EXCESS WEIGHT PROPERLY WAS CHARGEABLE TO YOU. FREIGHT CHARGES ARE COMPUTED ON THE GROSS WEIGHT OF A SHIPMENT OF HOUSEHOLD EFFECTS AND SINCE IT CLEARLY IS CONTEMPLATED THAT THE MAXIMUM GROSS WEIGHT, DEPENDENT UPON THE MODE OF TRANSPORTATION USED, WHICH MAY BE SHIPPED AT GOVERNMENT EXPENSE SHALL BE COMPUTED AS PROVIDED IN APPLICABLE REGULATIONS, IT WOULD APPEAR THAT A REWEIGHING OF YOUR EFFECTS AT THIS TIME WOULD SERVE NO USEFUL PURPOSE.