B-153011, JAN. 13, 1964

B-153011: Jan 13, 1964

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SOLIE: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 23. THAT YOUR HOUSEHOLD GOODS WERE WEIGHED JUNE 26. THE NET WEIGHT OF THE SHIPMENT WAS 8. SINCE YOUR AUTHORIZED WEIGHT ALLOWANCE WAS 5. THE AMOUNT WAS PROPERLY COLLECTED. YOU STATE THAT THE SAME FURNITURE WHICH WAS SHIPPED FROM MISSION. WAS PLACED IN STORAGE ON AUGUST 15. DESIGNATED AS ACTUAL NET WEIGHT ARE AUTHORIZED FOR SHIPMENT. WHEN THE ACTUAL NET WEIGHT OF UNPACKED HOUSEHOLD GOODS IS NOT KNOWN AND SHIPMENT IS MADE IN UNCRATED CONDITION BY COMMERCIAL MOTOR VAN. THE NET WEIGHT CHARGEABLE AGAINST THE MEMBER'S PRESCRIBED WEIGHT ALLOWANCE IS DETERMINED BY SUBTRACTING 5 PERCENT FROM THE GROSS WEIGHT OF SUCH SHIPMENT. YOUR EXCESS COST COMPUTATION SHOWS THAT YOU WERE GIVEN CREDIT FOR SUCH SHIPMENT.

B-153011, JAN. 13, 1964

TO MR. RONALD P. SOLIE:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 23, 1963, REQUESTING RECONSIDERATION OF THE ACTION TAKEN IN OUR LETTER OF SEPTEMBER 6, 1963, WHICH DENIED YOUR CLAIM FOR REFUND OF $292.65, COLLECTED FROM YOU AS EXCESS COST INVOLVED IN THE SHIPMENT OF YOUR HOUSEHOLD GOODS FROM MISSION, KANSAS, TO PORTSMOUTH, NEW HAMPSHIRE, INCIDENT TO YOUR TRANSFER FROM FORBES AIR FORCE BASE, TOPEKA, KANSAS TO PEASE AIR FORCE BASE, NEW HAMPSHIRE, AS STAFF SERGEANT, UNITED STATES AIR FORCE.

BY LETTER OF MARCH 4, 1963, YOU PROTESTED THE OVERWEIGHT DETERMINATION AS PREVIOUSLY REPORTED TO YOU WITH RESPECT TO THE AMOUNT COLLECTED AND YOU FILED A CLAIM FOR REFUND. WE STATED IN OUR LETTER OF SEPTEMBER 6, 1963, DENYING YOUR CLAIM, THAT YOUR HOUSEHOLD GOODS WERE WEIGHED JUNE 26, 1962, INCIDENT TO THEIR SHIPMENT FROM MISSION, KANSAS, TO PORTSMOUTH, NEW HAMPSHIRE, ON SCALES OPERATED BY A WEIGHMASTER IN KANSAS CITY, MISSOURI, AND THE NET WEIGHT OF THE SHIPMENT WAS 8,280 POUNDS. SINCE YOUR AUTHORIZED WEIGHT ALLOWANCE WAS 5,263 POUNDS, YOUR SHIPMENT CONTAINED 3,017 POUNDS EXCESS WEIGHT, WHICH AT $9.70 PER HUNDRED POUNDS SHIPPING COST, AMOUNTED TO $292.65 EXCESS COST. THEREFORE, THE AMOUNT WAS PROPERLY COLLECTED.

IN YOUR LETTER OF OCTOBER 23, 1963, YOU STATE THAT THE SAME FURNITURE WHICH WAS SHIPPED FROM MISSION, KANSAS, TO PORTSMOUTH, NEW HAMPSHIRE, WAS PLACED IN STORAGE ON AUGUST 15, 1963. YOU ENCLOSED A COPY OF PART OF A WAREHOUSE RECEIPT DATED AUGUST 15, 1963, PRESUMABLY FOR SUCH FURNITURE, WHICH CONTAINED A NOTATION SHOWING WEIGHT AS 6,800 POUNDS. YOU THEREFORE CONTEND THAT AN ADJUSTMENT SHOULD BE MADE IN THE OVERWEIGHT DETERMINATION.

THE PERTINENT STATUTE, 37 U.S.C. 406, PROVIDES THAT UNDER SUCH CONDITIONS AND LIMITATIONS AS THE SECRETARIES MAY PRESCRIBE, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO TRANSPORTATION OF HOUSEHOLD EFFECTS IN CONNECTION WITH A CHANGE OF STATION. PURSUANT THERETO, PARAGRAPH 8002-1 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT HOUSEHOLD EFFECTS WITHIN THE SPECIFIED WEIGHT ALLOWANCES, DESIGNATED AS ACTUAL NET WEIGHT ARE AUTHORIZED FOR SHIPMENT. UNDER THAT PROVISION, WHEN THE ACTUAL NET WEIGHT OF UNPACKED HOUSEHOLD GOODS IS NOT KNOWN AND SHIPMENT IS MADE IN UNCRATED CONDITION BY COMMERCIAL MOTOR VAN, THE NET WEIGHT CHARGEABLE AGAINST THE MEMBER'S PRESCRIBED WEIGHT ALLOWANCE IS DETERMINED BY SUBTRACTING 5 PERCENT FROM THE GROSS WEIGHT OF SUCH SHIPMENT. YOUR EXCESS COST COMPUTATION SHOWS THAT YOU WERE GIVEN CREDIT FOR SUCH SHIPMENT. PARAGRAPH 8003 SETS FORTH THE TABLE OF PRESCRIBED NET WEIGHT ALLOWANCES FOR VARIOUS RANKS AND GRADES. PARAGRAPH 8007 OF THE REGULATIONS IN EFFECT DURING THE PERIOD INVOLVED PROVIDES THAT ANY EXCESS COSTS RESULTING FROM THE TRANSPORTATION OF HOUSEHOLD GOODS IN EXCESS OF THE PRESCRIBED WEIGHT ALLOWANCE SHALL BE BORNE BY THE MEMBER AND THAT THE OFFICER DESIGNATED BY THE SERVICE CONCERNED SHALL DETERMINE ANY COST IN EXCESS OF AUTHORIZED WEIGHT ALLOWANCES AND SHALL NOTIFY THE MEMBER OF THE EXCESS PAYABLE, TOGETHER WITH THE METHOD OF PAYMENT.

THE ASSISTANT TRANSPORTATION OFFICER, TRANSPORTATION DIVISION, FINANCE CENTER, U.S. ARMY, TRANSMITTED A COPY OF A WEIGHT CERTIFICATE DATED JUNE 26, 1962, ISSUED BY LERITZ STORAGE AND MOVING COMPANY, KANSAS CITY, MISSOURI, WHICH SHOWS THAT THE GROSS WEIGHT OF YOUR HOUSEHOLD GOODS SHIPPED UNDER GOVERNMENT BILL OF LADING B-3, 726, 165,DATED JUNE 19, 1962, WAS 8,280 POUNDS. THERE IS ALSO OF RECORD, A COPY OF FC USA FORM 21-57 "REQUEST FOR REFUND OF EXCESS TRANSPORTATION COSTS DUE THE U.S.' WHICH SHOWS THE COMPUTATION OF THE $292.65 COST INVOLVED IN THE EXCESS WEIGHT ALLOWANCE SHIPPED. ALTHOUGH YOU FURNISHED PART OF A WAREHOUSE RECEIPT COVERING FURNITURE PLACED IN STORAGE ON AUGUST 15, 1963, WHICH YOU STATE WAS THE SAME FURNITURE WHICH WAS SHIPPED UNDER THE BILL OF LADING INDICATED ABOVE, AND THIS RECEIPT SHOWS THE WEIGHT AS 6,800 POUNDS, THIS DOES NOT CONCLUSIVELY ESTABLISH THE WEIGHT OF THE HOUSEHOLD GOODS AT THE TIME OF THE SHIPMENT HERE INVOLVED.

IN INSTANCES IN WHICH THERE IS A CONFLICT BETWEEN THE FACTS AS ADMINISTRATIVELY REPORTED AND THOSE STATED BY A CLAIMANT, IT HAS LONG BEEN THE ESTABLISHED RULE OF THIS OFFICE TO ACCEPT THE FACTS ADMINISTRATIVELY REPORTED AND SUPPORTED BY THE OFFICIAL RECORD AS CONTROLLING IN THE DISPOSITION OF THE CLAIM, IN THE ABSENCE OF EVIDENCE SUBMITTED BY THE CLAIMANT LEGALLY SUFFICIENT TO OVERCOME THE PRESUMPTION OF THEIR CORRECTNESS. SEE 16 COMP. GEN. 325; 19 ID. 88; 38 ID. 527. IN THE ABSENCE OF EVIDENCE WHICH IS SUFFICIENT TO OVERCOME THE PRESUMPTION OF THE CORRECTNESS OF THE ADMINISTRATIVELY REPORTED WEIGHT, WE MUST ACCEPT THE ADMINISTRATIVE DETERMINATION OF THE EXCESS COSTS INVOLVED.

ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD, THE PREVIOUS ACTION TAKEN WAS CORRECT AND IS SUSTAINED.