B-133900, OCT. 31, 1957

B-133900, OCT. 31, 1957

TO COMMANDER WILLIAM R. BOEHLERT, U.S.N.:

REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 10, 1957, WITH ENCLOSURE, REQUESTING REVIEW OF SETTLEMENT DATED AUGUST 30, 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 NATIONAL CITY, CALIFORNIA, TO MCALESTER, OKLAHOMA.

BY ORDERS DATED AUGUST 1, 1956, THE FIRST ENDORSEMENT THEREON DATED SEPTEMBER 28, 1956, YOU WERE DETACHED FROM YOUR DUTY STATION ABOARD THE U.S.S. WASP CVA-18, AND ASSIGNED TO DUTY AT THE NAVAL AMMUNITION DEPOT, MCALESTER, OKLAHOMA. PURSUANT TO YOUR APPLICATION DATED OCTOBER 26, 1956, 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 3045 WINDY LANE, NATIONAL CITY, CALIFORNIA, TO QUARTERS "C," NAVAL AMMUNITION DEPOT, MCALESTER, OKLAHOMA, ON GOVERNMENT BILL OF LADING N 33186448, DATED OCTOBER 23, 1956. YOUR NET WEIGHT ALLOWANCE WAS 10,000 POUNDS PLUS FIVE PERCENT FOR PACKING AND AN ADDITIONAL 100 POUNDS FOR PROFESSIONAL BOOKS, MAKING A TOTAL WEIGHT ALLOWANCE OF 10,600 POUNDS. YOUR EFFECTS WERE SHIPPED VIA TWO VANS THE WEIGHT BEING ESTABLISHED BY TWO SEPARATE WEIGHT CERTIFICATES. THE TOTAL SHIPMENT IS REPORTED TO HAVE WEIGHED 11,190 POUNDS WHICH EXCEEDED BY 590 POUNDS YOUR AUTHORIZED WEIGHT ALLOWANCE OF 10,600 POUNDS, AS PRESCRIBED IN PARAGRAPHS 8001 AND 8002, JOINT TRAVEL REGULATIONS. THE EXCESS WEIGHT RESULTED IN EXCESS COST FOR TRANSPORTATION IN THE AMOUNT OF $57.82 WHICH WAS PAID BY YOU TO THE GOVERNMENT. YOUR CLAIM FOR REFUND OF THIS AMOUNT WAS DISALLOWED BY SETTLEMENT DATED AUGUST 30, 1957.

WITH YOUR LETTER OF SEPTEMBER 10, 1957, YOU ENCLOSED A COPY OF A LETTER DATED MARCH 20, 1957, FROM THE COMMANDING OFFICER, UNITED STATES NAVAL SUPPLY DEPOT, SAN DIEGO, TO THE COMMANDING OFFICER, UNITED STATES NAVAL AMMUNITION DEPOT, MCALESTER, OKLAHOMA, IN WHICH IT IS STATED THAT SOLIDARITY VAN AND STORAGE COMPANY, LOCAL AGENTS FOR ROCKY FORD VAN LINES, INDICATES THAT THE TOTAL WEIGHT OF THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS WAS 9,450 POUNDS AND NOT 11,190 POUNDS; THAT THE PORTION OF THE EFFECTS REMOVED FROM THE TAIL GATE AND LOADED INTO A SECOND VAN WAS WEIGHED WITH THE REMAINDER OF THE GOODS AND NOT AS AN INDIVIDUAL WEIGHT. THEREFORE, YOU SAY THAT SINCE YOUR EFFECTS WEIGHING 1,740 POUNDS, WHICH WERE LOADED ON THE SECOND VAN, WERE ALSO WEIGHED WITH YOUR EFFECTS ON THE FIRST VAN YOU WERE CHARGED FOR AN ADDITIONAL 1,740 POUNDS WHICH WERE NOT SHIPPED.

BY LETTER DATED MAY 17, 1957, THE UNITED STATES REGIONAL ACCOUNTS OFFICE POINTED THESE FACTS OUT TO THE JOHN F. IVORY STORAGE COMPANY INC., WHICH WAS THE CARRIER THAT HANDLED AND WAS PAID FOR THE MOVEMENT OF YOUR EFFECTS, AND REQUESTED ADVICE AS TO WHETHER IT WOULD ISSUE A REFUND ON THE BASIS THAT THE TOTAL WEIGHT OF YOUR EFFECTS WAS 9,450 POUNDS. BY LETTER DATED JULY 24, 1957, THE CARRIER STATED:

"PLEASE BE ADVISED, THIS SHIPMENT WAS HANDLED BY TWO SEPARATE VANS, WITH TWO SEPARATE WEIGHT TICKETS. A COPY OF THE SECOND VAN WEIGHT TICKET IS ENCLOSED FOR YOUR RECORDS. YOU WILL NOTE, THIS SECOND PORTION OF THE MOVEMENT WAS LOADED ON THE EIGHTH OF NOVEMBER, WHILE THE FIRST PORTION WAS LOADED ON THE 26TH DAY OF OCTOBER. TWO COPIES OF EACH WEIGHT TICKET WERE SUBMITTED WITH OUR ORIGINAL BILLING TO THE ISSUING OFFICE.

"WITH THIS CONDITION PREVAILING, WE HAVE NO INTENTION TO ISSUE A REFUND ON ADJUSTED CHARGES, AND THINK YOU WILL AGREE ON THE BASIS OF THE INFORMATION AFFORDED ABOVE.'

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT, UNDER SUCH CONDITIONS AND LIMITATIONS AS THE SECRETARIES PRESCRIBE, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO TRANSPORTATION OF HOUSEHOLD EFFECTS IN CONNECTION WITH A CHANGE OF STATION. JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO THAT AUTHORITY PROVIDE (PARAGRAPH 8001) THAT HOUSEHOLD EFFECTS WITHIN SPECIFIED WEIGHT ALLOWANCES, DESIGNATED AS ACTUAL NET WEIGHTS, ARE AUTHORIZED FOR SHIPMENT. SUCH WEIGHTS ARE SET FORTH FOR VARIOUS RANKS AND GRADES AND PROVISION IS MADE FOR A PERCENTAGE INCREASE TO ALLOW FOR PACKING AND CRATING. UNDER THAT PROVISION, THE AUTHORIZED NET WEIGHT OF HOUSEHOLD EFFECTS WHICH MAY BE SHIPPED AT PUBLIC EXPENSE IS INCREASED BY FIVE PERCENT FOR SHIPMENT BY VAN, AND BY 40 PERCENT FOR SHIPMENT BY RAIL OR WATER.

THE REGULATIONS CONTEMPLATE THE SHIPMENT AT GOVERNMENT EXPENSE OF HOUSEHOLD GOODS, AS PACKED FOR SHIPMENT, AT NOT TO EXCEED AN OVERALL WEIGHT ALLOWANCE OF NET WEIGHT PLUS AN ALLOWANCE FOR PACKING AND CRATING. SUCH OVER-ALL WEIGHT ALLOWANCE, OF WHICH THE NET WEIGHT OF THE HOUSEHOLD GOODS IS BUT ONE COMPONENT PART REPRESENTS THE MAXIMUM WEIGHT THAT MAY BE SHIPPED AT GOVERNMENT EXPENSE. WEIGHTS EXCEEDING THE MAXIMUM OVER-ALL WEIGHT ARE PROPERLY CHARGEABLE TO THE SHIPPER. IN YOUR CASE THE CARRIER HAS BEEN PAID ON THE BASIS OF WEIGHT CERTIFICATES WHICH SHOW THAT THE HOUSEHOLD EFFECTS SHIPPED FOR YOU INCIDENT TO YOUR ORDERS OF AUGUST 1, 1956, WAS 11,190 POUNDS WHICH EXCEEDED BY 590 POUNDS YOUR AUTHORIZED WEIGHT ALLOWANCE INCREASED BY FIVE PERCENT FOR PACKING MATERIALS. THE INCREASED COST INCURRED BY REASON OF THE WEIGHT SO SHOWN PROPERLY WAS CHARGEABLE TO YOU.

WHILE IT MAY BE THAT THE SOLIDARITY VAN AND STORAGE COMPANY, LOCAL AGENTS FOR ROCKY FORD VAN LINES, WHICH HANDLED THE MOVEMENT OF YOUR EFFECTS FOR THE ACCOUNT OF THE CARRIER, JOHN F. IVORY STORAGE COMPANY, INC., HAS INDICATED THAT THE WEIGHT OF YOUR SHIPMENT WAS 9,450 POUNDS AND NOT 11,190 POUNDS, THE FACT REMAINS THAT THE WEIGHT CERTIFICATES, ISSUED BY A PUBLIC WEIGHMASTER, SHOW A TOTAL WEIGHT OF 11,190 POUNDS. THE UNSUPPORTED STATEMENT OF THE SOLIDARITY VAN AND STORAGE COMPANY THAT THE WEIGHT OF YOUR EFFECTS WAS INCORRECT MAY NOT BE ACCEPTED AS CONTRAVENING THE WEIGHT SHOWN ON THE WEIGHT CERTIFICATES FURNISHED TO THE CARRIER AND AFFORDS NO LEGAL BASIS TO OBTAIN A REFUND FROM THE CARRIER. IN THESE CIRCUMSTANCES, IN THE ABSENCE OF EVIDENCE CLEARLY ESTABLISHING THAT YOU DID NOT EXCEED YOUR AUTHORIZED WEIGHT ALLOWANCE, WE ARE WITHOUT AUTHORITY TO ALLOW YOUR CLAIM AND THE SETTLEMENT OF AUGUST 20, 1957, WAS CORRECT AND IS SUSTAINED.