B-153057, FEB. 10, 1964

B-153057: Feb 10, 1964

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RETIRED: FURTHER REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 24. THE LAST SHIPMENT WHICH WAS FROM ARLINGTON. IT WAS STATED IN THAT LETTER THAT THE WAREHOUSE CONTRACTOR SHOULD BE NOTIFIED TO BILL YOU DIRECT FOR STORAGE CHARGES ON THE 294 POUNDS OF EXCESS WEIGHT ACCRUING AFTER JULY 1962. UPON YOUR REQUESTING RECONSIDERATION OF SUCH CHARGES ON THE BASIS THAT NO CREDIT WAS ALLOWED FOR APPROXIMATELY 400 POUNDS OF PROFESSIONAL BOOKS AND EQUIPMENT WHICH WERE PLACED IN STORAGE. YOU WERE ADVISED BY THAT OFFICE. THAT CREDIT FOR PROFESSIONAL BOOKS HAD NOT BEEN ALLOWED ON YOUR SHIPMENT BECAUSE THE SHIPPING OFFICER CERTIFIED ON THE APPLICATION FOR THE SHIPMENT OF YOUR HOUSEHOLD GOODS THAT THERE WERE NO PROFESSIONAL BOOKS.

B-153057, FEB. 10, 1964

TO CAPTAIN RICHARD S. ROBERTS, USN, RETIRED:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 24, 1963, REQUESTING A REVIEW OF OUR SETTLEMENT DATED NOVEMBER 14, 1963, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF $21.50 COLLECTED FROM YOU AS EXCESS COST, PLUS $9 PAID TO A STORAGE COMPANY, RELATIVE TO THE SHIPMENT OF YOUR HOUSEHOLD GOODS FROM ARLINGTON, VIRGINIA, TO NONTEMPORARY STORAGE IN WASHINGTON, D.C., INCIDENT TO ORDERS OF MARCH 2, 1961, DIRECTING AN OVERSEAS ASSIGNMENT.

BY LETTER DATED AUGUST 24, 1962, THE OFFICER IN CHARGE, U.S. NAVY REGIONAL FINANCE OFFICE, WASHINGTON, D.C., ADVISED THAT IN THE FOUR SHIPMENTS OF YOUR HOUSEHOLD GOODS UNDER ORDERS OF MARCH 2, 1961, THE LAST SHIPMENT WHICH WAS FROM ARLINGTON, VIRGINIA, TO NONTEMPORARY STORAGE IN WASHINGTON, D.C., INVOLVED AN EXCESS WEIGHT OF 294 POUNDS, RESULTING IN AN EXCESS COST CHARGE OF $21.50. ALSO, IT WAS STATED IN THAT LETTER THAT THE WAREHOUSE CONTRACTOR SHOULD BE NOTIFIED TO BILL YOU DIRECT FOR STORAGE CHARGES ON THE 294 POUNDS OF EXCESS WEIGHT ACCRUING AFTER JULY 1962. UPON YOUR REQUESTING RECONSIDERATION OF SUCH CHARGES ON THE BASIS THAT NO CREDIT WAS ALLOWED FOR APPROXIMATELY 400 POUNDS OF PROFESSIONAL BOOKS AND EQUIPMENT WHICH WERE PLACED IN STORAGE, YOU WERE ADVISED BY THAT OFFICE, IN LETTER DATED OCTOBER 3, 1962, THAT CREDIT FOR PROFESSIONAL BOOKS HAD NOT BEEN ALLOWED ON YOUR SHIPMENT BECAUSE THE SHIPPING OFFICER CERTIFIED ON THE APPLICATION FOR THE SHIPMENT OF YOUR HOUSEHOLD GOODS THAT THERE WERE NO PROFESSIONAL BOOKS. HOWEVER, IT WAS SUGGESTED THAT THE BOOKS BE WEIGHED AT THE TIME OF REMOVAL FROM STORAGE AND A CLAIM FOR REIMBURSEMENT THEN BE SUBMITTED. IT APPEARS THAT SUBSEQUENT THERETO THE GOODS WERE RELOCATED AT ANOTHER WAREHOUSE AND WHILE THERE WERE DESTROYED, THEREBY MAKING IT IMPOSSIBLE FOR THEM TO BE WEIGHED. IT APPEARS FURTHER THAT YOU HAD PAID A $9 STORAGE CHARGE TO THE ORIGINAL STORAGE COMPANY AND YOU CLAIM REIMBURSEMENT OF THE $21.50 COLLECTED FOR THE EXCESS COST PLUS THE AMOUNT YOU PAID THE STORAGE COMPANY.

YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT THE WEIGHT OF PROFESSIONAL BOOKS AND EQUIPMENT WAS NOT SHOWN SEPARATELY ON THE BILL OF LADING AS REQUIRED BY APPLICABLE REGULATIONS, AND THAT THE STORAGE CHARGE OF $9 FOR SILVER AND OTHER VALUABLES IS NOT REIMBURSABLE. IN YOUR LETTER OF NOVEMBER 24, 1963, YOU STATE THAT THE OMISSION OF REFERENCE TO YOUR PROFESSIONAL BOOKS AND EQUIPMENT WAS AN ERROR ON THE PART OF A GOVERNMENT EMPLOYEE RATHER THAN YOURSELF SINCE YOU HAD ADVISED THE PERSON PREPARING THE APPLICATION FOR SHIPMENT ABOUT THE PROFESSIONAL BOOKS AND EQUIPMENT AND HAD INDICATED THAT INFORMATION ON THE ROUGH FORM YOU PREPARED. ALSO, YOU STATE THAT THE STORAGE CHARGE YOU PAID WAS FOR THE EXCESS WEIGHT IN STORAGE.

THE SHIPMENT OF HOUSEHOLD EFFECTS, INCLUDING PROFESSIONAL BOOKS, PAPERS, AND EQUIPMENT OF MEMBERS OF THE UNIFORMED SERVICES IS AUTHORIZED BY THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THE PERTINENT STATUTE, 37 U.S.C. 406. PARAGRAPH 8003 OF SUCH REGULATIONS PROVIDES THAT, WHEN CERTIFIED BY THE MEMBER AS NECESSARY IN THE PERFORMANCE OF HIS OFFICIAL DUTIES, SHIPMENT OF PROFESSIONAL BOOKS, PAPERS, AND EQUIPMENT UNDER THOSE REGULATIONS SHALL BE IN THE SAME MANNER AND UNDER THE SAME CONDITIONS AS OTHER HOUSEHOLD GOODS EXCEPT THAT THE WEIGHT THEREOF SHALL BE WITHOUT CHARGE AGAINST THE PRESCRIBED WEIGHT ALLOWANCE. ALSO, IT PROVIDES THAT SUCH BOOKS, PAPERS, AND EQUIPMENT WILL BE PACKED SEPARATELY AND THE CONTAINERS WILL BE MARKED ,PROFESSIONAL BOOKS, PAPERS, AND EQUIPMENT," AND THAT THE WEIGHT OF SUCH CONTAINERS WILL BE SHOWN ON THE BILLS OF LADING OR OTHER SHIPPING DOCUMENTS. PARAGRAPH 58026-1B, VOLUME 5, BUREAU OF SUPPLIES AND ACCOUNTS MANUAL, PROVIDES THAT AN APPLICATION FOR SHIPMENT OF HOUSEHOLD GOODS (DD FORM 1299) WILL BE SUBMITTED AND SIGNED BY THE MEMBER WHEN FEASIBLE, OR, WHERE HE IS AT AN OVERSEAS STATION OR IS UNABLE TO SUBMIT SUCH APPLICATION, BY OTHER AUTHORIZED PERSONS ACTING FOR HIM. PARAGRAPH 58026-1E PROVIDES THAT THE APPLICATION WILL SHOW THE ACTUAL OR CONSTRUCTIVE WEIGHT OF PROFESSIONAL BOOKS, PAPERS, AND EQUIPMENT INCLUDED IN A SHIPMENT, AND THAT IF NO WEIGHT IS SHOWN THE WEIGHT OF THE PROFESSIONAL BOOKS WILL BE CHARGED AGAINST THE AUTHORIZED WEIGHT ALLOWANCE FOR HOUSEHOLD GOODS.

THE CONDITIONS IN THE REGULATIONS REFERRED TO ABOVE MAKE IT MANDATORY THAT THE WEIGHT OF PROFESSIONAL BOOKS AND EQUIPMENT BE SEPARATELY ESTABLISHED AND THAT DOCUMENTARY EVIDENCE OF SUCH WEIGHT BE SHOWN. SINCE IT HAS BEEN ADMINISTRATIVELY REPORTED THAT THE APPLICATION FOR SHIPMENT OF HOUSEHOLD GOODS CONTAINED NO REFERENCE TO PROFESSIONAL BOOKS, AND IN THE ABSENCE OF EVIDENCE FROM AN OFFICIAL SOURCE ESTABLISHING THAT PROFESSIONAL BOOKS AND EQUIPMENT WERE SHIPPED TO NONTEMPORARY STORAGE AND THE EXACT WEIGHT OF THOSE BOOKS, THERE IS NO BASIS FOR THE REFUND OF THE CHARGES MADE. THERE IS NOTHING IN THE STATUTE OR REGULATIONS WHICH SUGGESTS THAT THE OWNER'S RESPONSIBILITY WITH RESPECT TO ESTABLISHING THE WEIGHT OF THE PROFESSIONAL MATERIAL WITH CERTAINTY MAY BE SHIFTED TO THE TRANSPORTATION OFFICER OR OTHER ADMINISTRATIVE OFFICER OR EMPLOYEE.

ACCORDINGLY, ON THE BASIS OF THE PRESENT RECORD THE SETTLEMENT OF NOVEMBER 14, 1963, IS ..END :