B-153243, MAR. 26, 1964

B-153243, MAR. 26, 1964

TO MR. KEITH D. RISING:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 19, 1963, REQUESTING REVIEW OF OUR SETTLEMENT DATED DECEMBER 13, 1963, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF $100.10 PAID BY YOU AS EXCESS COST OF TRANSPORTING YOUR HOUSEHOLD GOODS AND HOLD BAGGAGE FROM RAF, WELFORD, ENGLAND, TO SALT LAKE CITY, UTAH, WHILE AN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE.

BY SPECIAL ORDER TC-105, DATED MAY 14, 1963, YOU WERE AUTHORIZED SHIPMENT OF YOUR HOUSEHOLD GOODS AND PERSONAL EFFECTS, NOT TO EXCEED 7,000 NET POUNDS. THE TOTAL WEIGHT OF YOUR HOUSEHOLD GOODS AND PERSONAL EFFECTS, INCLUDING HOLD BAGGAGE, WAS DETERMINED TO BE 7,786 POUNDS AT ORIGIN. THAT BASIS THE TRANSPORTATION OFFICE AT WELFORD REQUESTED YOU TO PAY THE SUM OF $302.61, REPRESENTING THE EXCESS OF 786 POUNDS AT $38.50 PER HUNDRED WEIGHT. THE RECORD INDICATES THAT THIS AMOUNT WAS COLLECTED FROM YOU UNDER VOUCHER NO. TR 64-5, AND DEPOSITED WITH THE LONDON ACCOUNTING AND FINANCE OFFICE ON JULY 1, 1963.

THE U.S. GOVERNMENT BILL OF LADING (NO. B-5675358) WHICH PERTAINS ONLY TO THE SHIPMENT OF YOUR HOUSEHOLD GOODS, EXCLUSIVE OF HOLD BAGGAGE, ORIGINALLY SHOWED A NET WEIGHT AT ORIGIN OF 7,260 POUNDS. UPON ARRIVAL AT HILL AIR FORCE BASE, UTAH, YOUR HOUSEHOLD GOODS WERE REWEIGHED BY THE TRANSPORTATION OFFICER AND SUCH REWEIGH DISCLOSED A NET WEIGHT OF ONLY 7,000 POUNDS. YOU THEREFORE SUBMITTED A CLAIM FOR REFUND OF $100.10, REPRESENTING THE COST OF 260 POUNDS AT $38.50 PER HUNDRED WEIGHT.

UPON REVIEW OF THE DOCUMENTS PERTINENT TO YOUR CASE, WE HAVE DETERMINED THAT THE CARRIER, NORTH AMERICAN VAN LINES, INC., WAS PAID $2,965 BY THE GOVERNMENT UNDER D.O. VOUCHER NO. 292710, FOR THE TRANSPORTATION OF 7,000 POUNDS OF HOUSEHOLD GOODS. A COPY OF THE ORIGINAL BILL OF LADING (B- 5675358) INDICATES THAT THE CARRIER APPARENTLY CORRECTED THE BILL OF LADING UPON REWEIGH AT DESTINATION (AUGUST 8, 1963), TO SHOW A NET WEIGHT OF 7,000 POUNDS.

WHILE THE EXACT WEIGHT OF YOUR HOUSEHOLD GOODS IS NO LONGER IN DISPUTE, IT NEVERTHELESS HAS BEEN DETERMINED THAT THE TOTAL WEIGHT OF YOUR HOUSEHOLD GOODS AND PERSONAL EFFECTS, INCLUDING HOLD BAGGAGE, EXCEEDED YOUR AUTHORIZED WEIGHT LIMITATION BY 850 POUNDS. A COPY OF D.O. VOUCHER NO. 74180, DISCLOSES THAT THE GOVERNMENT WAS REQUIRED TO PAY THE SUM OF $367.20 FOR THE TRANSPORTATION BY AIR CARGO OF 850 POUNDS OF UNACCOMPANIED BAGGAGE AT THE RATE OF $43.20 PER HUNDRED WEIGHT.

PARAGRAPH 11D. OF CH. 6, AIR FORCE MANUAL 40-10J, PROVIDES AS FOLLOWS:

"WHEN THE GOVERNMENT IS REQUIRED TO PAY A SEPARATE TRANSPORTATION EXPENSE TO A CARRIER FOR THE MOVEMENT OF BAGGAGE THE WEIGHT OF SUCH SHIPMENT WILL BE INCLUDED IN DETERMINING THE AGGREGATE WEIGHT OF PERSONAL EFFECTS AND HOUSEHOLD GOODS. THIS INCLUDES THE WEIGHT OF ADDITIONAL BAGGAGE IN EXCESS OF THAT ALLOWED FREE ON A TICKET, BAGGAGE SHIPPED BY EXPRESS, AND UNACCOMPANIED HOLD BAGGAGE OR ACCOMPANIED HOLD BAGGAGE IN EXCESS OF THE PRESCRIBED WEIGHT ALLOWANCES. THE AGGREGATE WEIGHT WILL BE SUBJECT TO THE STATUTORY WEIGHT LIMITATION FOR WHICH THE EMPLOYEE CONCERNED HAS ELIGIBILITY FOR TRANSPORTATION AT GOVERNMENT EXPENSE AND FOR DETERMINING EXCESS WEIGHT INDEBTEDNESS.'

SINCE THE SHIPMENT OF YOUR HOLD BAGGAGE WAS MADE PRIOR TO SHIPMENT OF YOUR HOUSEHOLD GOODS, THE EXCESS WEIGHT OF 850 POUNDS IS ATTRIBUTABLE TO YOUR HOUSEHOLD GOODS. SEE AFM 75-4A, CH. 7, PARA. 5705C, AND B-138048, JANUARY 30, 1959 (COPY ENCLOSED). ACCORDINGLY, THE EXCESS COST FOR WHICH YOU ARE INDEBTED TO THE GOVERNMENT IS $327.25 (850 POUNDS AT $38.50 PER CWT.), LESS THE AMOUNT PREVIOUSLY PAID BY YOU ($302.61) OR $24.64.

PAYMENT SHOULD BE MADE BY CHECK OR MONEY ORDER PAYABLE TO THE "U.S. GENERAL ACCOUNTING OFFICE" AND FORWARDED TO THE FOLLOWING ADDRESS:

U.S. GENERAL ACCOUNTING OFFICE

POST OFFICE BOX 2610

WASHINGTON, D.C. 20013 ..END :