B-83749, APR. 1, 1957

B-83749: Apr 1, 1957

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USNR: REFERENCE IS MADE TO YOUR CLAIM FOR REFUND OF $75.04. YOUR CLAIM WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF THAT SETTLEMENT. WERE SHIPPED BY VAN IN DECEMBER 1945. THE SHIPMENT WAS MADE PURSUANT TO YOUR APPLICATION DATED DECEMBER 5. SINCE THE SHIPMENT WAS FOR A DISTANCE IN EXCESS OF 1. IT WAS NECESSARY. WAS COLLECTED BY SETOFF AGAINST THE AMOUNT OTHERWISE DUE YOU IN THE SETTLEMENT OF JANUARY 5. IN YOUR REQUEST FOR REVIEW YOU PLACE RELIANCE ON YOUR PREVIOUSLY ADVANCED CONTENTION THAT A SAVINGS RESULTED TO THE GOVERNMENT BY REASON OF SHIPPING YOUR EFFECTS BY VAN EVEN THOUGH THE DISTANCE WAS IN EXCESS OF 1. CRATING AND SHIPMENT OF HOUSEHOLD EFFECTS WERE GOVERNED BY REGULATIONS PROMULGATED BY THE DEPARTMENT OF THE NAVY PURSUANT TO LAW AND PUBLISHED IN BUREAU OF SUPPLIES AND ACCOUNTS MANUAL.

B-83749, APR. 1, 1957

TO CAPTAIN VIGGO C. BERTELSEN, CEC, USNR:

REFERENCE IS MADE TO YOUR CLAIM FOR REFUND OF $75.04, REPRESENTING THE AMOUNT WITHHELD IN OUR SETTLEMENT OF JANUARY 5, 1956, AS THE EXCESS COST OF SHIPPING YOUR HOUSEHOLD EFFECTS. YOUR CLAIM WILL BE CONSIDERED AS A REQUEST FOR REVIEW OF THAT SETTLEMENT.

THE RECORD SHOWS THAT YOUR HOUSEHOLD EFFECTS, WEIGHING 7,580 POUNDS, WERE SHIPPED BY VAN IN DECEMBER 1945, FROM SHUMAKER, ARKANSAS, TO PIEDMONT, CALIFORNIA, INCIDENT TO YOUR RELEASE FROM ACTIVE DUTY AS A COMMANDER, UNITED STATES NAVAL RESERVE. THE SHIPMENT WAS MADE PURSUANT TO YOUR APPLICATION DATED DECEMBER 5, 1945, IN WHICH YOU AGREED TO PAY ANY EXCESS COST INCURRED. SINCE THE SHIPMENT WAS FOR A DISTANCE IN EXCESS OF 1,200 MILES, IT WAS NECESSARY, UNDER CONTROLLING REGULATIONS, TO CHARGE YOU WITH THE EXCESS COST INCURRED. THE EXCESS COST, $75.04, WAS COLLECTED BY SETOFF AGAINST THE AMOUNT OTHERWISE DUE YOU IN THE SETTLEMENT OF JANUARY 5, 1956. IN YOUR REQUEST FOR REVIEW YOU PLACE RELIANCE ON YOUR PREVIOUSLY ADVANCED CONTENTION THAT A SAVINGS RESULTED TO THE GOVERNMENT BY REASON OF SHIPPING YOUR EFFECTS BY VAN EVEN THOUGH THE DISTANCE WAS IN EXCESS OF 1,200 MILES. IN ARRIVING AT THAT CONCLUSION YOU RECOMPUTED THE COMPARATIVE COST OF VAN SHIPMENT AND RAIL SHIPMENT BY ADDING TO THE ASSUMED NET WEIGHT OF THE VAN SHIPMENT AN ADDITIONAL 2,500 POUNDS (DUNNAGE) FOR SHIPMENT BY RAIL.

AT THE TIME HERE INVOLVED, THE PACKING, CRATING AND SHIPMENT OF HOUSEHOLD EFFECTS WERE GOVERNED BY REGULATIONS PROMULGATED BY THE DEPARTMENT OF THE NAVY PURSUANT TO LAW AND PUBLISHED IN BUREAU OF SUPPLIES AND ACCOUNTS MANUAL. THOSE REGULATIONS PROVIDED FOR SHIPMENTS BY VAN AT GOVERNMENT EXPENSE INCIDENT TO CHANGE OF STATION ORDERS, WITHOUT REGARD TO COMPARATIVE COST OF RAIL SHIPMENT, WHEN THE DISTANCE INVOLVED DID NOT EXCEED 1,200 MILES. THEY FURTHER PROVIDED THAT FOR VAN SHIPMENTS IN EXCESS OF 1,200 MILES, THE COST OF SUCH SHIPMENTS IN EXCESS OF THE COST OF SHIPMENT OF THE SAME WEIGHT VIA THE CHEAPEST AVAILABLE FREIGHT RATE, PLUS THE COSTS FOR PACKING, CRATING AND HAULING AT ORIGIN, DRAYAGE AT DESTINATION, AND UNPACKING, IS FOR PAYMENT BY THE OWNER. THOSE REGULATIONS SPECIFICALLY REQUIRED THE COMPARATIVE COST TO BE COMPUTED ON SHIPMENTS OF LIKE WEIGHT, NO ALLOWANCE BEING MADE FOR DUNNAGE FOR RAIL SHIPMENTS. SUCH BEING THE CASE, THERE IS NO BASIS ON WHICH THE EXCESS COST MAY NOW BE RECOMPUTED IN THE MANNER SUGGESTED BY YOU. ACCORDINGLY, THE DEDUCTION OF EXCESS COST IN THE SETTLEMENT OF JANUARY 5, 1956, WAS CORRECT AND IS SUSTAINED.