B-180897, JUN 14, 1974

B-180897, JUN 14, 1974

ALTHOUGH NAVY EMPLOYEE TRANSFERRED ON SHORT NOTICE FROM BREMERTON, WASHINGTON, TO WASHINGTON, D. C., SUBMITTED ESTIMATE OF WEIGHT PREPARED BY COMMON CARRIER PRIOR TO SHIPMENT, HIS CLAIM FOR TRANSPORTATION OF SUCH EFFECTS IS DISALLOWED SINCE HE DID NOT FURNISH A COPY OF THE BILL OF LADING OR A CANCELED CHECK EVIDENCING PAYMENT OF CHARGES, AND ESTIMATED WEIGHT DOCUMENT IS NOT SUPPORTED BY EVIDENCE OF PAYMENT TO CARRIER OR A CONSTRUCTIVE WEIGHT CERTIFICATE BASED ON PROPERLY LOADED VAN SPACE AS REQUIRED BY OMB CIRCULAR NO. A-56.

TO MR. PAUL C. WARNER:

THIS MATTER IS BEFORE US ON A REQUEST FOR RECONSIDERATION OF SETTLEMENT CERTIFICATE NO. Z-2517118, ISSUED DECEMBER 28, 1973, BY OUR TRANSPORTATION AND CLAIMS DIVISION, DISALLOWING A CLAIM BY PAUL C. WARNER FOR REIMBURSEMENT OF THE COST OF TRANSPORTING HIS HOUSEHOLD EFFECTS FROM BREMERTON, WASHINGTON, TO ALEXANDRIA, VIRGINIA, INCIDENT TO HIS TRANSFER AS AN EMPLOYEE OF THE DEPARTMENT OF THE NAVY. THE DISALLOWANCE WAS BASED UPON THE ABSENCE OF ANY DOCUMENTATION SUPPORTING MR. WARNER'S CLAIM.

THE RECORD INDICATES THAT MR. WARNER, A CIVILIAN EMPLOYEE AT THE PUGET SOUND NAVAL SHIPYARD, BREMERTON, WASHINGTON, WAS ISSUED ORDERS ON MARCH 30, 1972, TO REPORT TO THE OFFICE OF THE ASSISTANT SECRETARY OF THE NAVY, WASHINGTON, D. C., TO FILL THE POSITION OF EMPLOYEE RELATIONS SPECIALIST WITH THE NAVY EMPLOYEE APPEALS AND REVIEW BOARD, ON APRIL 9, 1972. BECAUSE OF THE SHORT TIME SPAN INVOLVED, HE WAS UNABLE TO PERSONALLY ARRANGE FOR THE SHIPMENT OF HIS HOUSEHOLD EFFECTS TO HIS NEW DUTY STATION. A FRIEND, MR. LLOYD WELCH, AGREED TO SEE TO THE SHIPMENT OF MR. WARNER'S HOUSEHOLD EFFECTS. AN ESTIMATE FROM BEKINS VAN LINES CO. WAS OBTAINED AND FORWARDED TO MR. WARNER. HOWEVER, BECAUSE THIS ESTIMATE WAS HIGHER THAN EXPECTED, MR. WELCH SHIPPED MR. WARNER'S EFFECTS VIA ANOTHER CARRIER. MR. WARNER THEN PAID MR. WELCH BY PERSONAL CHECK.

WHEN HE PRESENTED HIS TRAVEL VOUCHER FOR PAYMENT, THERE WAS NO DOCUMENTATION FOR THE COST OF TRANSPORTING HIS HOUSEHOLD GOODS. HE DID NOT HAVE A COPY OF THE BILL OF LADING OR ANY OTHER DOCUMENT THAT ACCOMPANIED THE SHIPMENT. HE WAS NOT ABLE TO SUPPLY A COPY OF THE CANCELED CHECK THAT WAS USED TO PAY MR. WELCH AS IT WAS LOST DURING THE MOVING PROCESS. HE ATTEMPTED TO CONTACT MR. WELCH TO ASCERTAIN THE NAME OF THE CARRIER USED TO TRANSPORT THE SHIPMENT, BUT MR. WELCH HAD BEEN KILLED IN AN AUTOMOBILE ACCIDENT IN MAY 1973. FROM INFORMAL DISCUSSIONS WITH MR. WARNER, WE HAVE LEARNED THAT HE IS STILL UNABLE TO SUPPLY ANY FURTHER DOCUMENTATION IN SUPPORT OF HIS CLAIM. THROUGH AN ATTORNEY IN BREMERTON MR. WARNER HAS CANVASSED THE MOVING FIRMS IN THAT AREA WITH NO SUCCESS. NEIGHBORS HAVE BEEN CONTACTED TO SEE IF THE MOVING COMPANY COULD BE IDENTIFIED, AGAIN TO NO AVAIL. IN SUMMARY, DESPITE ALL HIS EFFORTS, MR. WARNER HAS BEEN UNABLE TO IDENTIFY THE CARRIER THAT TRANSPORTED HIS HOUSEHOLD EFFECTS FROM BREMERTON TO ALEXANDRIA, AND HE HAS BEEN UNABLE TO OBTAIN ANY DOCUMENTATION SHOWING THE COST OF THE CARRIER'S SERVICES OR THE WEIGHT OF THE SHIPMENT.

AT THE TIME IN QUESTION, THE TRANSPORTATION OF HOUSEHOLD EFFECTS WAS GOVERNED BY THE REGULATIONS CONTAINED IN OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-56, SECTION 6. SINCE MR. WARNER MADE HIS OWN ARRANGEMENTS FOR TRANSPORTING HIS HOUSEHOLD GOODS, ANY CLAIM BY HIM MUST BE PAID UNDER THE COMMUTED RATE SYSTEM. SECTION 6.3A(3), WHICH SETS OUT THE REQUIREMENTS FOR THE DOCUMENTATION RELATING TO SHIPMENTS OF HOUSEHOLD GOODS, THEN PROVIDED THAT:

"(3) DOCUMENTATION. CLAIMS FOR REIMBURSEMENT UNDER THE COMMUTED RATE SYSTEM SHALL BE SUPPORTED BY A RECEIPTED COPY OF THE BILL OF LADING INCLUDING ANY ATTACHED WEIGHT CERTIFICATE COPIES IF SUCH A BILL WAS ISSUED. IF NO BILL OF LADING WAS INVOLVED OTHER EVIDENCE SHOWING POINTS OF ORIGIN AND DESTINATION AND THE WEIGHT OF THE GOODS MUST BE SUBMITTED. EMPLOYEES WHO TRANSPORT THEIR OWN HOUSEHOLD GOODS ARE CAUTIONED TO ESTABLISH THE WEIGHT OF SUCH GOODS BY OBTAINING PROPER WEIGHT CERTIFICATES SHOWING GROSS WEIGHT (WEIGHT OF VEHICLE AND GOODS) AND TARE WEIGHT (WEIGHT OF VEHICLE ALONE) IF IT IS AT ALL POSSIBLE BECAUSE COMPLIANCE WITH THE REQUIREMENTS FOR PAYMENT AT COMMUTED RATES ON THE BASIS OF CONSTRUCTIVE WEIGHT AS CONTAINED IN 6.2B(4) MAY NOT BE POSSIBLE."

THE CONSTRUCTIVE WEIGHT SYSTEM, DESCRIBED IN SECTION 6.2B(4), THEN PROVIDED THAT:

"(4) CONSTRUCTIVE 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. SUCH CONSTRUCTIVE WEIGHT ALSO MAY BE USED (A) FOR A PART-LOAD WHEN ITS WEIGHT COULD NOT BE OBTAINED AT ORIGIN, EN ROUTE, OR AT DESTINATION, WITHOUT FIRST UNLOADING IT OR OTHER PART-LOADS BEING CARRIED IN THE SAME VEHICLE, AND (B) WHEN THE HOUSEHOLD GOODS ARE NOT WEIGHED BECAUSE THE CARRIER'S CHARGES FOR A LOCAL OR METROPOLITAN AREA MOVE ARE PROPERLY COMPUTED ON A BASIS OTHER THAN THE WEIGHT OR VOLUME OF THE SHIPMENT (AS WHEN PAYMENT IS BASED ON AN HOURLY RATE AND THE DISTANCE INVOLVED); HOWEVER, IN SUCH CASES THE EMPLOYEE SHOULD OBTAIN A STATEMENT FROM THE CARRIER SHOWING THE AMOUNT OF PROPERLY LOADED VAN SPACE REQUIRED FOR THE SHIPMENT. SEE ALSO 6.3A(3) WITH RESPECT TO PROOF OF ENTITLEMENT TO A COMMUTED RATE PAYMENT WHEN NET WEIGHT CANNOT BE SHOWN."

IT IS NECESSARY TO KNOW THE WEIGHT OF THE GOODS TRANSPORTED SINCE THE AMOUNT OF REIMBURSEMENT TO BE PAID IS DETERMINED BY MULTIPLYING THE NUMBER OF HUNDREDS OF POUNDS SHIPPED BY THE APPLICABLE RATE FROM THE COMMUTED RATE SCHEDULE.

SECTION 6.3A(3) STATES THAT A BILL OF LADING OR SOME OTHER WEIGHT CERTIFICATE MUST BE SUPPLIED. ALSO, EMPLOYEES TRANSPORTING THEIR OWN HOUSEHOLD GOODS ARE CAUTIONED THAT THEY TOO SHOULD OBTAIN WEIGHT CERTIFICATES. WHEN THE EXCEPTIONS TO THE RULE, WHICH ARE FOUND IN SECTION 6.2B(4), ARE APPLICABLE, A CONSTRUCTIVE WEIGHT MAY BE USED. HOWEVER, THE EMPLOYEE IS REQUIRED TO SUBMIT EVIDENCE SHOWING SUCH CONSTRUCTIVE WEIGHT BASED ON PROPERLY LOADED VAN SPACE.

IN B-163560, APRIL 5, 1968, THE CLAIMANT WAS IN A POSITION SIMILAR TO THAT OF MR. WARNER. HE WAS NOT ABLE TO SUBMIT A BILL OF LADING OR OTHER EVIDENCE OF THE WEIGHT OF THE GOODS SHIPPED, NOR DID HE HAVE A PAID BILL FROM THE CARRIER. HE SUBMITTED ONLY A LIST OF THE SMALL ITEMS ALLEGEDLY SHIPPED ALONG WITH THEIR WEIGHTS, AND ESTIMATED WEIGHTS FOR THE LARGER ITEMS. WE HELD THAT THIS WAS NOT ADEQUATE TO SUPPORT HIS CLAIM.

AS NOTED EARLIER, THE FILE CONTAINS AN ESTIMATE OF CHARGES PREPARED BY BEKINS VAN LINES. IN B-178008, APRIL 18, 1973, WE PERMITTED THE CLAIMANT TO SUPPORT HIS CLAIM WITH A WEIGHT ESTIMATE. HOWEVER, IN THAT CASE, THE CLAIMANT REINFORCED THE ESTIMATE WITH HIS CANCELED CHECK AND A PAID BILL FROM THE CARRIER THAT ACTUALLY TRANSPORTED THE GOODS. MR. WARNER HAS PRESENTED NOTHING BEYOND THE ESTIMATE.

BASED UPON THE RECORD BEFORE US, DISALLOWANCE OF MR. WARNER'S CLAIM IS AFFIRMED. HOWEVER, IF MR. WARNER OBTAINS THE REQUIRED DOCUMENTATION, THE MATTER MAY BE REOPENED FOR FURTHER CONSIDERATION.