B-191016.OM, MAR 18, 1982

B-191016.OM: Mar 18, 1982

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EVIDENCE IN THIS CASE ESTABLISHES THAT WEIGHT TICKETS WERE OBTAINED WHICH SHOWED THE WEIGHT OF THE HOUSEHOLD EFFECTS TO BE OVER 7. 200 POUNDS EVEN THOUGH THE TICKETS WERE LOST AFTER THEY WERE SUBMITTED TO THE AIR FORCE. IS RETURNED SO THAT AN INCENTIVE PAYMENT MAY BE ALLOWED. THEY WERE NOT RECEIVED AT LANGLEY. THE ISSUE IN THIS CASE IS WHETHER MR. THE ENVELOPE WAS APPARENTLY PRE-ADDRESSED BY THE NAVY TRANSPORTATION OFFICE TO LANGLEY AIR FORCE BASE. WHERE IT WAS TO BE PAID. ALTHOUGH THERE IS SOME QUESTION ABOUT WHETHER IT WAS ADDRESSED TO THE CORRECT OFFICE ON THE BASE. IT IS NOT CLEAR THAT THE WEIGHT TICKETS WERE ACCOMPANIED BY ANY SUPPORTING DATA. SUCH AS THE AIR FORCE FORM 417 WHICH IS NORMALLY TO ACCOMPANY THEM.

B-191016.OM, MAR 18, 1982

SUBJECT: CLAIM OF JERRY J. NIX - Z-2831660 - B-191016-O.M. DIGEST: SERVICE MEMBER WHO MOVED HIS HOUSEHOLD EFFECTS UPON HIS SEPARATION FROM THE AIR FORCE MAY BE PAID INCENTIVE PAYMENT UNDER THE DO-IT YOURSELF PROGRAM CALCULATED ON 7,000-POUND MAXIMUM WEIGHT ENTITLEMENT FOUND IN JOINT TRAVEL REGULATIONS. EVIDENCE IN THIS CASE ESTABLISHES THAT WEIGHT TICKETS WERE OBTAINED WHICH SHOWED THE WEIGHT OF THE HOUSEHOLD EFFECTS TO BE OVER 7,200 POUNDS EVEN THOUGH THE TICKETS WERE LOST AFTER THEY WERE SUBMITTED TO THE AIR FORCE.

ASSOCIATE DIRECTOR, AFMD - CLAIMS GROUP (ROOM 5858):

YOUR CLAIMS FILE Z-2831660, INCLUDING THE APPEAL FROM YOUR SETTLEMENT OF OCTOBER 8, 1981, WHICH DENIED AN INCENTIVE PAYMENT TO MR. JERRY J. NIX, A FORMER AIR FORCE MEMBER, UNDER THE AIR FORCE'S DO-IT YOURSELF HOUSEHOLD GOODS MOVING PROGRAM, IS RETURNED SO THAT AN INCENTIVE PAYMENT MAY BE ALLOWED. ALTHOUGH MR. NIX OBTAINED WEIGHT TICKETS FOR THE MOVE AND SENT THEM TO LANGLEY AIR FORCE BASE AS THE BASIS FOR HIS INCENTIVE PAYMENT, THEY WERE NOT RECEIVED AT LANGLEY, AND THE ISSUE IN THIS CASE IS WHETHER MR. NIX MAY BE PAID AN INCENTIVE PAYMENT WITHOUT THEM. WE HOLD THAT HE MAY BE PAID, SINCE OTHER EVIDENCE ESTABLISHES THAT HE OBTAINED THE CERTIFICATES AND IT SUFFICIENTLY ESTABLISHES THE WEIGHT OF THE HOUSEHOLD GOODS SHOWN BY THE CERTIFICATES.

THE EVIDENCE OF RECORD SUFFICIENTLY ESTABLISHES THAT, AFTER RECEIVING APPROVAL TO PERFORM A DO-IT-YOURSELF MOVE IN CONNECTION WITH HIS IMPENDING SEPARATION FROM THE AIR FORCE, MR. NIX PICKED UP A RENTAL TRUCK WHICH HAD BEEN ARRANGED FOR HIM BY THE LOCAL NAVY TRANSPORTATION OFFICE UNDER AN AGREEMENT WITH THE AIR FORCE. HE OBTAINED A WEIGHT TICKET OF THE TRUCK'S EMPTY WEIGHT ON A STATE-CERTIFIED SCALE, AND LOADED IT WITH HIS HOUSEHOLD GOODS AT CAPE CHARLES AIR FORCE STATION, VIRGINIA. AFTER COMPLETING LOADING ON JUNE 21 MR. NIX RETURNED TO THE SAME SCALE, OBTAINED A WEIGHT TICKET OF THE TRUCK LOADED WITH HIS HOUSEHOLD GOODS, AND DEPARTED FOR LOUISVILLE, KENTUCKY, HIS HOME OF RECORD. MR. NIX RETURNED TO CAPE CHARLES ON JULY 2 AFTER COMPLETING HIS MOVE TO LOUISVILLE AND GAVE AN ENVELOPE, PRE-ADDRESSED BY THE NAVY TRAFFIC MANAGEMENT OFFICE THAT ARRANGED THE MOVE, TO THE AIR FORCE NONCOMMISSIONED OFFICER-IN-CHARGE, PERSONNEL, AT CAPE CHARLES FOR MAILING. THE NONCOMMISSIONED OFFICER-IN- CHARGE STATES THAT HE REMEMBERS PUTTING WEIGHT TICKETS IN THE PRE- ADDRESSED ENVELOPE BEFORE SEALING AND MAILING IT. THE ENVELOPE WAS APPARENTLY PRE-ADDRESSED BY THE NAVY TRANSPORTATION OFFICE TO LANGLEY AIR FORCE BASE, WHERE IT WAS TO BE PAID, ALTHOUGH THERE IS SOME QUESTION ABOUT WHETHER IT WAS ADDRESSED TO THE CORRECT OFFICE ON THE BASE. ALSO, IT IS NOT CLEAR THAT THE WEIGHT TICKETS WERE ACCOMPANIED BY ANY SUPPORTING DATA, SUCH AS THE AIR FORCE FORM 417 WHICH IS NORMALLY TO ACCOMPANY THEM. THE ENVELOPE WAS NOT RECEIVED AT THE LANGLEY AIR FORCE BASE OFFICE WHERE PAYMENT WAS TO HAVE BEEN ARRANGED, AND THE TICKETS HAVE NOT BEEN LOCATED ELSEWHERE.

WHILE MR. NIX HAS BEEN UNABLE TO PRODUCE COPIES OF THE CERTIFICATES, HE INDICATES IN A SWORN STATEMENT THAT THEY SHOWED THE GOODS WEIGHED MORE THAN 7,200 POUNDS. IN ADDITION, A SWORN STATEMENT OF ANOTHER AIRMAN WHO HELPED LOAD THE TRUCK INDICATES THAT HE SAW THE CERTIFICATES AND THAT THE GOODS WEIGHED ABOUT 7,300 POUNDS. SWORN STATEMENTS OF TWO OTHER AIRMEN WHO HELPED LOAD THE TRUCK ALSO INDICATE THAT THE TRUCK WAS LOADED TO CAPACITY.

YOUR SETTLEMENT DENIED THE INCENTIVE PAYMENT ON THE BASIS THAT VOLUME 1, JOINT TRAVEL REGULATIONS (1 JTR), PARAGRAPH M8402, REQUIRES SUBMISSION OF WEIGHT TICKETS AND THAT THE WEIGHT TICKETS ARE ESSENTIAL IN ORDER TO ACCURATELY COMPUTE THE AMOUNT OF THE PAYMENT.

GENERALLY, THE SERVICE MEMBER IS RESPONSIBLE FOR OBTAINING TARE AND GROSS WEIGHT TICKETS AND SENDING THE TICKETS AND AIR FORCE FORM 417 TO THE PROPER TRAFFIC MANAGEMENT OFFICE FOR AN INCENTIVE PAYMENT UNDER THE DO-IT- YOURSELF HOUSEHOLD GOODS MOVING PROGRAM. 1 JTR, CHAPTER 8, PART H, AS IMPLEMENTED BY AIR FORCE REGULATION 75-33, APRIL 12, 1978, SECTIONS 3-1(A) AND 4-7. IT IS SUFFICIENTLY ESTABLISHED THAT MR. NIX SUBSTANTIALLY COMPLIED WITH THESE PROCEDURES. IT APPEARS THAT EITHER MISHANDLING OF THE PRE-ADDRESSED ENVELOPE CONTAINING THE WEIGHT TICKETS AFTER IT WAS PLACED IN THE MAIL OR AN IMPROPER ADDRESS PLACED ON IT BY THE NAVY TRAFFIC MANAGEMENT OFFICE WAS RESPONSIBLE FOR IT NOT BEING RECEIVED AT LANGLEY AIR FORCE BASE.

WE HAVE HELD THAT IN SETTLING CLAIMS FOR INCENTIVE PAYMENTS SUCH AS THIS, WE WILL NOT USE CONSTRUCTIVE WEIGHTS, BUT WILL FOLLOW THE REGULATORY REQUIREMENTS THAT WEIGHT CERTIFICATES BE PROVIDED. SEE MATTER OF: DO-IT- YOURSELF HOUSEHOLD GOODS SHIPMENTS, B-191016, APRIL 20, 1979. ALSO, IN MANY SITUATIONS INVOLVING APPARENTLY LOST CERTIFICATES, THE EXISTENCE OF THE WEIGHT TICKETS OR THE WEIGHT SHOWN BY THE TICKETS MAY NOT BE SATISFACTORILY ESTABLISHED. HOWEVER, WE ARE SATISFIED IN THIS CASE THAT WEIGHT TICKETS WERE OBTAINED WHICH SHOWED THAT THE HOUSEHOLD GOODS WEIGHED SLIGHTLY IN EXCESS OF 7,200 POUNDS. THE SWORN STATEMENTS BY THE NONCOMMISSIONED OFFICER-IN-CHARGE AT CAPE CHARLES AND THE PERSONS WHO HELPED TO LOAD THE TRUCK CORROBORATE THE CLAIMANT'S STATEMENT. AND, THE DESCRIPTION OF THE LOADING, AND THE PHYSICAL CHARACTERISTICS OF THE TRUCK ARE CONSISTENT WITH THE STATEMENTS OF WHAT THE WEIGHT TICKETS SHOWED. THEREFORE, IN THIS CASE THE CLAIM SHOULD BE SETTLED ON THE BASIS THAT THE WEIGHT OF MR. NIX'S HOUSEHOLD GOODS, AS ESTABLISHED BY WEIGHT CERTIFICATES, WAS 7,200 POUNDS. MR. NIX'S INCENTIVE PAYMENT SHOULD BE COMPUTED TAKING INTO CONSIDERATION THAT HIS HOUSEHOLD GOODS WEIGHT ENTITLEMENT, PRESCRIBED IN 1 JTR M8003, IS 7,000 POUNDS. THE CLAIM SHOULD BE COMPUTED AND PAID ACCORDINGLY.