B-141429, JAN. 18, 1960

B-141429, JAN. 18, 1960

TO FIRST LIEUTENANT JOHN W. EASTBERG, USAF:

REFERENCE IS MADE TO YOUR LETTER DATED NOVEMBER 10, 1959, IN EFFECT REQUESTING REVIEW OF SETTLEMENT DATED SEPTEMBER 14, 1959, OF OUR CLAIMS DIVISION WHICH DISALLOWED YOUR CLAIM FOR REFUND OF THE AMOUNT PAID BY YOU TO THE GOVERNMENT AS EXCESS COSTS FOR TRANSPORTATION OF YOUR HOUSEHOLD EFFECTS FROM OTIS AIR FORCE BASE, MASSACHUSETTS, TO MAXWELL AIR FORCE BASE, ALABAMA.

BY ORDERS DATED AUGUST 20, 1958, OTIS AIR FORCE BASE, YOU WERE ORDERED TO PROCEED FROM YOUR STATION ON OR ABOUT SEPTEMBER 3, 1958, TO MAXWELL AIR FORCE BASE AS TEMPORARY DUTY FOR APPROXIMATELY 15 WEEKS. PURSUANT TO YOUR REQUEST YOUR HOUSEHOLD EFFECTS WERE PACKED AND SHIPPED BY VAN FROM OTIS AIR FORCE BASE TO MAXWELL AIR FORCE BASE ON GOVERNMENT BILL OF LADING AF 9 043 407 DATED AUGUST 30, 1950, AT A COST OF $153, WHICH AMOUNT WAS SUBSEQUENTLY PAID BY THE GOVERNMENT. THE BILL OF LADING SHOWS THE WEIGHTS OF THE EFFECTS AS FOLLOWS: GROSS, 32,140 POUNDS: TARE, 31,300 POUNDS; AND NET 840 POUNDS. SINCE THE NET WEIGHT OF 840 POUNDS EXCEEDED BY 210 POUNDS YOUR AUTHORIZED WEIGHT ALLOWANCE OF 630 POUNDS, INCLUDING PACKING AND CRATING MATERIALS, AS PRESCRIBED BY PARAGRAPHS 8001 AND 8002, JOINT TRAVEL REGULATIONS, SUCH EXCESS WEIGHT RESULTED IN EXCESS COSTS OF TRANSPORTATION OF $44.77. THAT AMOUNT HAS BEEN PAID BY YOU TO THE GOVERNMENT. SUPPORT OF YOUR CLAIM FOR REFUND OF THE AMOUNT PAID BY YOU, YOU SAY THAT THE ORIGINAL BILL OF LADING COVERING THE SHIPMENT WAS INCORRECT; THAT A SECOND BILL OF LADING ALSO WAS INCORRECT, AND THAT THE SCALES TICKET SHOWING THE WEIGHT OF THE SHIPMENT WAS NOT CERTIFIED NOR CAN THE SCALES ON WHICH THE GOODS WERE WEIGHTED BE IDENTIFIED. ALSO, YOU SAY THAT A COMPARISON OF THE ITEMS RETURNED TO OTIS AIR FORCE BASE PROVES YOU WERE WITHIN YOUR AUTHORIZED ALLOWABLE WEIGHT SINCE THE NUMBER OF ITEMS SHIPPED BACK FROM MAXWELL AIR FORCE BASE TO OTIS AIR FORCE BASE EXCEEDED THE NUMBER OF ITEMS SENT FROM OTIS AIR FORCE TO MAXWELL AIR FORCE BASE. IN A LETTER DATED JANUARY 15, 1959, TO THE TRANSPORTATION DIVISION, FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, PROTESTING THE CHARGE FOR THE EXCESS WEIGHT, YOU STATED THAT WHEN YOU RECEIVED THE SHIPMENT YOU QUESTIONED THE WEIGHT OF 1,380 POUNDS, AS STATED ON THE BILL OF LADING; THAT THE VAN DRIVER THEN CALLED HIS HOME OFFICE IN NEW YORK, DISCOVERING THAT A MISTAKE HAD BEEN MADE, AND WAS ADVISED THE GOODS ACTUALLY WEIGHED 880 POUNDS WHEN WEIGHED IN NEW YORK. YOU FURTHER STATED THAT YOU INSISTED THE GOODS BE RE-WEIGHED AND SUBSEQUENTLY THE DRIVER PRODUCED A WEIGHT CERTIFICATE INDICATING THE WEIGHT OF THE GOODS AS 840 POUNDS.

INCLUDED AMONG THE ENCLOSURES FORWARDED FROM THE TRANSPORTATION DIVISION, FINANCE CENTER, UNITED STATES ARMY, INDIANAPOLIS 49, INDIANA, WITH ITS LETTER OF AUGUST 26, 1959, TO OUR CLAIMS DIVISION, TRANSMITTING YOUR CLAIM FOR REFUND OF THE EXPRESS CHARGES, IS A PHOTOSTATIC COPY OF A SCALES TICKET DATED SEPTEMBER 24, 1958 (PRESUMABLY A COPY OF THE TICKET TO WHICH YOU REFER), WHICH INDICATES THAT THE BASE SCALES AT MAXWELL AIR FORCE BASE WERE USED TO WEIGH THE SHIPMENT, THE GROSS, TARE AND NET WEIGHTS AS SHOWN ON THE TICKET BEING THE SAME AS THOSE ENTERED ON GOVERNMENT BILL OF LADING AF 9 043 407. WHILE THE SCALES TICKET IS NOT CERTIFIED BY THE WEIGHER, AN EXAMINATION OF THE TICKET SHOWS THAT THE GROSS AND TARE WEIGHTS WERE AUTOMATICALLY POSTED BY A MECHANICAL DEVICE FORMING A PART OF THE SCALES. HENCE, CERTIFICATION WOULD HAVE ADDED NOTHING.

THE STATEMENTS MADE BY YOU IN SUPPORT OF YOUR CONTENTION THAT THE WEIGHT OF SUCH EFFECTS WAS INCORRECT HAVE BEEN CAREFULLY CONSIDERED, BUT THEY MAY NOT BE ACCEPTED AS CONTRAVENING THE WEIGHT SHOWN ON THE WEIGHT CERTIFICATE AND SINCE THAT WEIGHT CERTIFICATE SHOWS THAT THE HOUSEHOLD EFFECTS SHIPPED BY YOU TO MAXWELL AIR FORCE BASE EXCEEDED YOUR AUTHORIZED WEIGHT ALLOWANCE, INCLUDING PACKING AND CRATING MATERIALS, THE INCREASED COST RESULTING FROM SUCH EXCESS WEIGHT, PROPERLY WAS CHARGEABLE TO YOU.