B-148857, AUG. 17, 1962

B-148857: Aug 17, 1962

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YOU WERE AUTHORIZED TO SHIP YOUR HOUSEHOLD EFFECTS INCLUDING HOLD BAGGAGE. IT IS FURTHER SHOWN THAT YOUR EFFECTS WERE PICKED UP BY THE UNITED VAN LINES AT YOUR RESIDENCE IN HEIDELBERG. WERE SHIPPED VIA SEA-VAN TO NORFOLK. FROM THAT PORT WERE TRANSPORTED TO WASHINGTON. HELD THAT WHEN THE "SEA-VAN" METHOD OF SHIPMENT IS USED THE NET LIMITATION OF 7. THE RECORD SHOWS THAT A SPOT CHECK CONDUCTED BY THE TRANSPORTATION DIVISION OF THE DEPARTMENT OF THE ARMY OF SEVEN ITEMS OF THE SHIPMENT (TOTAL WEIGHT APPROXIMATELY 100 POUNDS) VERIFIED THE ACCURACY OF YOUR RESULTS INSOFAR AS THE ITEMS CHECKED WERE CONCERNED. YOU ARE ADVISED THAT THE DUTY OF CONCLUSIVELY ESTABLISHING A CLAIM IS UPON THE CLAIMANT.

B-148857, AUG. 17, 1962

TO MR. FRANKLIN H. COPP:

YOUR LETTER OF APRIL 14, 1962, REQUESTS FURTHER CONSIDERATION OF THE MATTER OF YOUR INDEBTEDNESS TO THE UNITED STATES IN THE AMOUNT OF $588.41, REPRESENTING EXCESS COSTS IN TRANSPORTING YOUR HOUSEHOLD EFFECTS FROM HEIDELBERG, GERMANY, TO WASHINGTON, D.C., INCIDENT TO YOUR RETURN TO THE UNITED STATES IN 1959 FROM YOUR FORMER PERMANENT DUTY STATION OVERSEAS AS AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY.

THE RECORD SHOWS THAT BY TRAVEL ORDER ENGA-CP NO. 7-1233, DATED JULY 30, 1959, YOU WERE AUTHORIZED TO SHIP YOUR HOUSEHOLD EFFECTS INCLUDING HOLD BAGGAGE, NOT IN EXCESS OF 8,750 POUNDS GROSS, OR 7,000 POUNDS NET WEIGHT IF SHIPPED VIA "SEA-VAN-TOTE OR COMMERCIAL VAN.' IT IS FURTHER SHOWN THAT YOUR EFFECTS WERE PICKED UP BY THE UNITED VAN LINES AT YOUR RESIDENCE IN HEIDELBERG, GERMANY, AND WERE SHIPPED VIA SEA-VAN TO NORFOLK, VIRGINIA, AND FROM THAT PORT WERE TRANSPORTED TO WASHINGTON, D.C. BILL OF LADING NO. WY-8235169 SHOWS A NET WEIGHT OF 8,583 POUNDS OF EFFECTS OVER THE AUTHORIZED NET WEIGHT. IN THIS CONNECTION, OUR DECISION PUBLISHED AT 36 COMP. GEN. 397, HELD THAT WHEN THE "SEA-VAN" METHOD OF SHIPMENT IS USED THE NET LIMITATION OF 7,000 POUNDS APPLIES RATHER THAN THE GROSS OF 8,750 POUNDS.

YOU SAY THAT YOU AND YOUR WIFE SUBSEQUENTLY REWEIGHED THE ENTIRE SHIPMENT AND THAT THE RESULTS OBTAINED ESTABLISHED THAT THE NET WEIGHT DID NOT EXCEED THE 7,000 POUNDS ALLOWABLE. THE RECORD SHOWS THAT A SPOT CHECK CONDUCTED BY THE TRANSPORTATION DIVISION OF THE DEPARTMENT OF THE ARMY OF SEVEN ITEMS OF THE SHIPMENT (TOTAL WEIGHT APPROXIMATELY 100 POUNDS) VERIFIED THE ACCURACY OF YOUR RESULTS INSOFAR AS THE ITEMS CHECKED WERE CONCERNED. HOWEVER, NO EVIDENCE OF AN OFFICIAL NATURE HAS BEEN SUBMITTED HERE TO CONCLUSIVELY SHOW THAT THE ENTIRE SHIPMENT DID NOT EXCEED THE WEIGHT LIMITATION. ON THE CONTRARY, THE OFFICIAL INFORMATION OF RECORD INCLUDING THE COMMUNICATION FROM THE GERMAN PACKER AS WELL AS THE GOVERNMENT BILL OF LADING TEND TO ESTABLISH THAT THE NET WEIGHT OF THE SHIPMENT EXCEEDED THE LIMITATION BY 1,583 POUNDS.

YOU SAY THAT ALL THE ITEMS COMPRISING THE SHIPMENT (EXCEPT THOSE FEW LOST IN TRANSIT) MAY BE WEIGHED BY ANY INTERESTED PARTY AND CHECKED AGAINST THE INVENTORY. IN THIS CONNECTION, YOU ARE ADVISED THAT THE DUTY OF CONCLUSIVELY ESTABLISHING A CLAIM IS UPON THE CLAIMANT.

THEREFORE, UPON THE PRESENT RECORD, WE MUST ACCEPT THE OFFICIAL RECORDS CONCERNING THIS MATTER.

CONCERNING YOUR REQUEST FOR RETURN OF THE DOCUMENTS FORWARDED WITH YOUR LETTER OF SEPTEMBER 15, 1961, YOU ARE INFORMED THAT SUCH DOCUMENTS CONSTITUTE A PART OF OUR RECORD IN THIS CASE AND MUST BE RETAINED HERE. COPY OF EACH OF THE DOCUMENTS, HOWEVER, IS ENCLOSED.