B-146668, OCT. 2, 1961

B-146668: Oct 2, 1961

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YOUR CLAIM FOR PAYMENT ON A COMMUTED BASIS WAS DISALLOWED BY OFFICE SETTLEMENT DATED MARCH 14. WHEN WEIGHING FACILITIES ARE NOT READILY AVAILABLE AT THE POINT OF ORIGIN. YOU WERE INFORMED THAT. AN EMPLOYEE MAY BE REIMBURSED FOR ACTUAL EXPENSES BASED UPON THE ESTIMATED WEIGHT TO THE EXTENT THE ACTUAL EXPENSES DO NOT EXCEED THE AMOUNT WHICH WOULD HAVE BEEN PAYABLE FOR THE ESTIMATED WEIGHT AT THE COMMUTED RATE. THE CLAIM WAS DISALLOWED. THE WEIGHT CERTIFICATE YOU HAVE FURNISHED IS DATED JULY 29. WE ARE UNABLE TO SEE HOW THAT CAN BE DONE AT THIS TIME. IS HEREBY SUSTAINED.

B-146668, OCT. 2, 1961

TO MR. ARTHUR R. HOFFMAN:

ON JULY 29, 1961, YOU SENT US A WEIGHT SLIP DATED JULY 29, 1961, AS EVIDENCE TO SUPPORT YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES INCURRED IN TRANSPORTING YOUR HOUSEHOLD EFFECTS BY PRIVATELY-OWNED TRUCK IN SEVERAL TRIPS FROM ALAMOGORDO TO SOCORRO, NEW MEXICO, IN AUGUST 1960. YOUR CLAIM FOR PAYMENT ON A COMMUTED BASIS WAS DISALLOWED BY OFFICE SETTLEMENT DATED MARCH 14, 1961, BECAUSE, IN ORDER FOR PAYMENT TO BE MADE AT THE COMMUTED RATE UNDER THE PROVISIONS OF EXECUTIVE ORDER NO. 9805, AS AMENDED, THE ACTUAL WEIGHT OF THE HOUSEHOLD GOODS TRANSPORTED MUST BE ESTABLISHED, OR, WHEN WEIGHING FACILITIES ARE NOT READILY AVAILABLE AT THE POINT OF ORIGIN, EN ROUTE, OR AT A DESTINATION, A CONSTRUCTIVE WEIGHT BASED ON CUBIC FOOTAGE OF PROPERLY LOADED VAN SPACE MUST BE ESTABLISHED, WITH WHICH REQUIREMENTS YOU HAD NOT COMPLIED. ALSO, YOU WERE INFORMED THAT, IN THE ABSENCE OF PROPER EVIDENCE OF ACTUAL WEIGHT OR CONSTRUCTIVE WEIGHT BASED ON CUBIC FOOTAGE OF PROPERLY LOADED VAN SPACE, AN EMPLOYEE MAY BE REIMBURSED FOR ACTUAL EXPENSES BASED UPON THE ESTIMATED WEIGHT TO THE EXTENT THE ACTUAL EXPENSES DO NOT EXCEED THE AMOUNT WHICH WOULD HAVE BEEN PAYABLE FOR THE ESTIMATED WEIGHT AT THE COMMUTED RATE. SINCE YOU HAD FURNISHED NO EVIDENCE OF ACTUAL EXPENSES, THE CLAIM WAS DISALLOWED.

THE WEIGHT CERTIFICATE YOU HAVE FURNISHED IS DATED JULY 29, 1961, APPROXIMATELY A YEAR AFTER YOU MOVED YOUR HOUSEHOLD GOODS. AT THE TIME OF THE SHIPMENT YOU DID NOT COMPLY WITH THE REQUIREMENTS OF THE REGULATIONS IN ATTEMPTING TO ESTABLISH EITHER THE ACTUAL OR CONSTRUCTIVE WEIGHT OF THE HOUSEHOLD GOODS SHIPPED. WE ARE UNABLE TO SEE HOW THAT CAN BE DONE AT THIS TIME. NO EVIDENCE HAS BEEN SUBMITTED OF ACTUAL EXPENSES INCURRED FOR THE MOVEMENT OF THE EFFECTS.

CONSEQUENTLY, THE DISALLOWANCE OF YOUR CLAIM BY OFFICE SETTLEMENT OF MARCH 14, 1961, IS HEREBY SUSTAINED.