B-163560, APR. 5, 1968

B-163560: Apr 5, 1968

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YOUR CLAIM WAS DISALLOWED BY THE CLAIMS DIVISION OF OUR OFFICE BECAUSE YOU FAILED TO FURNISH ANY EVIDENCE OF EITHER THE ACTUAL OR CONSTRUCTIVE WEIGHT OF YOUR HOUSEHOLD GOODS WHICH WERE TRANSPORTED BY A COMMERCIAL CARRIER BETWEEN THE TWO CITIES NAMED ABOVE. YOU WERE UNABLE TO FURNISH A RECEIPT OR OTHER ACCEPTABLE EVIDENCE OF THE AMOUNT (ALLEGEDLY $410) WHICH YOU PAID TO SUCH CARRIER SINCE THE "PAID" BILL OF LADING HAS BEEN MISPLACED BY YOU. YOU SAY THAT THE WEIGHTS OF THE SMALLER ITEMS WERE DETERMINED BY USE OF A BATHROOM SCALE AND THE WEIGHTS OF THE LARGER ITEMS WERE ESTIMATED BY A LOCAL TRANSPORTATION FIRM. WE HAVE CONSISTENTLY HELD THAT AN EMPLOYEE WHO DOES NOT FURNISH PROPER EVIDENCE OF ACTUAL WEIGHT OR VOLUME.

B-163560, APR. 5, 1968

TO MR. TRUMAN W. HOWARD, JR.:

BY LETTER DATED FEBRUARY 7, 1968, YOU REQUESTED REVIEW OF OUR OFFICE SETTLEMENT DATED OCTOBER 27, 1967, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE EXPENSES INCURRED BY YOU FOR THE TRANSPORTATION OF YOUR HOUSEHOLD GOOD AND PERSONAL EFFECTS FROM ST. LOUIS, MISSOURI, TO ALEXANDRIA, VIRGINIA, INCIDENT TO A PERMANENT CHANGE OF STATION IN NOVEMBER 1966.

YOUR CLAIM WAS DISALLOWED BY THE CLAIMS DIVISION OF OUR OFFICE BECAUSE YOU FAILED TO FURNISH ANY EVIDENCE OF EITHER THE ACTUAL OR CONSTRUCTIVE WEIGHT OF YOUR HOUSEHOLD GOODS WHICH WERE TRANSPORTED BY A COMMERCIAL CARRIER BETWEEN THE TWO CITIES NAMED ABOVE. ALSO, YOU WERE UNABLE TO FURNISH A RECEIPT OR OTHER ACCEPTABLE EVIDENCE OF THE AMOUNT (ALLEGEDLY $410) WHICH YOU PAID TO SUCH CARRIER SINCE THE "PAID" BILL OF LADING HAS BEEN MISPLACED BY YOU.

WITH YOUR LETTER OF FEBRUARY 7, YOU SUBMITTED A LIST OF THE HOUSEHOLD GOODS AND EFFECTS TRANSPORTED TOGETHER WITH THE WEIGHT OF EACH ITEM. YOU SAY THAT THE WEIGHTS OF THE SMALLER ITEMS WERE DETERMINED BY USE OF A BATHROOM SCALE AND THE WEIGHTS OF THE LARGER ITEMS WERE ESTIMATED BY A LOCAL TRANSPORTATION FIRM.

WE HAVE CONSISTENTLY HELD THAT AN EMPLOYEE WHO DOES NOT FURNISH PROPER EVIDENCE OF ACTUAL WEIGHT OR VOLUME, SUCH AS WILL SATISFY THE LAW AND REGULATIONS, MAY NOT BE ALLOWED REIMBURSEMENT AT THE COMMUTED RATE FOR THE MOVEMENT OF HOUSEHOLD EFFECTS. IN THAT REGARD, SECTION 6.4D (3) OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966, PROVIDES IN PART AS FOLLOWS:

"DOCUMENTATION REQUIRED. CLAIMS FOR REIMBURSEMENT UNDER THE COMMUTED RATE SYSTEM SHALL BE SUPPORTED BY * * * THE ORIGINAL BILLS OF LADING OR CERTIFIED COPIES, OR, IF BILLS OF LADING ARE NOT AVAILABLE, OTHER EVIDENCE SHOWING POINT OF ORIGIN, DESTINATION AND WEIGHT. IF NO ADEQUATE SCALE IS AVAILABLE AT POINT OF ORIGIN, AT ANY POINT EN ROUTE, OR AT DESTINATION, A CONSTRUCTIVE WEIGHT, BASED ON 7 POUNDS PER CUBIC FOOT OF PROPERLY LOADED VAN SPACE, MAY BE USED. * * *"

UNDER THAT REGULATION THE WEIGHT OF HOUSEHOLD GOODS TRANSPORTED FOR THE PURPOSE OF COMPUTING THE COMMUTED RATE OF PAYMENT ALLOWABLE MUST BE DETERMINED EITHER BY THE ACTUAL SCALE WEIGHT OF THE GOODS OR BY THE CONSTRUCTIVE WEIGHT OF SUCH GOODS DETERMINED ON THE BASIS OF THE SPACE OCCUPIED WHEN PROPERLY LOADED FOR SHIPMENT IN A VAN. THE ITEMIZED LIST FURNISHED BY YOU CONSISTING MOSTLY OF ESTIMATED WEIGHT DOES NOT SATISFY THE REQUIREMENTS OF THE ABOVE-QUOTED REGULATION. FURTHERMORE, SINCE YOU ARE UNABLE TO FURNISH PROPER EVIDENCE OF THE ACTUAL AMOUNT EXPENDED FOR THE TRANSPORTATION OF YOUR GOODS, NO AMOUNT MAY BE ALLOWED ON THAT BASIS. 32 COMP. GEN. 9; 38 ID. 554.

WE CAN ONLY SUGGEST THAT A FURTHER EFFORT BE MADE BY YOU THROUGH THE MOVERS' AND WAREHOUSEMENS' ASSOCIATION OF AMERICA, INC., OR OTHER SOURCE, TO ASCERTAIN THE COMMERCIAL CARRIER INVOLVED SO THAT YOU MAY OBTAIN PROPER EVIDENCE FROM THE CARRIER OF THE WEIGHT SHIPPED AS WELL AS DOCUMENTATION OF THE COST INCURRED.

ON THE BASIS OF THE PRESENT RECORD WE MUST SUSTAIN THE DISALLOWANCE OF YOUR CLAIM.