B-121656, MAR 24, 1955

B-121656, MAR 24, 1955

PRECIS-UNAVAILABLE

MR. JOSEPH A. GILLIS:

REFERENCE IS MADE TO YOUR LETTERS OF APRIL 1 AND SEPTEMBER 22, 1954, REQUESTING REVIEW OF SETTLEMENT DATED MARCH 16, 1954, ALLOWING YOU $100 FOR UNIFORM ALLOWANCE AND APPLYING THAT AMOUNT IN PARTIAL LIQUIDATION OF YOUR INDEBTEDNESS TO THE UNITED STATES ON ACCOUNT OF EXCESS COST OF TRANSPORTATION OF YOUR HOUSEHOLD EFFECTS FROM BAYSIDE, LONG ISLAND, NEW YORK, TO DETROIT, MICHIGAN, IN AUGUST 1948.

BY PARAGRAPH 41, SPECIAL ORDERS NO. 23, DEPARTMENT OF THE ARMY, DATED FEBRUARY 2, 1948, YOU WERE TRANSFERRED AS A CAPTAIN, UNITED STATES AIR FORCE, FROM DUTY AT WESTOVER FIELD, MASSACHUSETTS, TO DUTY AT SMOKY HILL AIR FIELD, KANSAS. PURSUANT TO YOUR APPLICATION DATED AUGUST 3, 1948, IN WHICH YOU AGREED TO PAY ALL COSTS NOT AUTHORIZED BY REGULATIONS, YOUR HOUSEHOLD EFFECTS SHOWN AS WEIGHING 15,350 POUNDS (3,444 POUNDS PACKED) WERE SHIPPED FOR YOU BY VAN FROM BAYSIDE, LONG ISLAND, NEW YORK, TO DETROIT, MICHIGAN, ON AUGUST 12, 1948, UNDER CONTRACT NO. W(30-307) 49- 220, DATED AUGUST 3, 1948, AT A COST TO THE GOVERNMENT OF $297 FOR PACKING AND $853.77 FOR TRANSPORTATION, A TOTAL OF $1,150.77, PAID ON VOUCHER NO. 58242, SEPTEMBER 1948 ACCOUNTS OF F.J. STRAGLIANO.

YOU POINT OUT THAT THE SHIPMENT INCLUDED A QUANTITY OF PROFESSIONAL BOOKS (WEIGHT NOT SHOWN) FOR WHICH NO WEIGHT CREDIT WAS ALLOWED IN THE COMPUTATION OF THE EXCESS COST CHARGED TO YOU; AND THAT, WHEN SUBSTANTIALLY THE SAME AFFECTS WERE SHIPPED FROM DETROIT TO NEW YORK IN FEBRUARY 1947, THE WEIGHT WAS WITHIN YOUR AUTHORIZED WEIGHT ALLOWANCE. THAT BASIS YOU URGE THAT AN ADJUSTMENT SHOULD BE MADE IN THE EXCESS COST CHARGED TO YOU. ALSO, YOU QUESTION OUR AUTHORITY TO APPLY $100 DUE YOU FOR UNIFORM ALLOWANCE ON YOUR INDEBTEDNESS TO THE GOVERNMENT BECAUSE OF EXCESS COST OF TRANSPORTATION OF HOUSEHOLD EFFECTS.

PARAGRAPH 13A, ARMY REGULATIONS 55-160, DATED APRIL 29, 1944, IN EFFECT AT THE TIME HERE INVOLVED, PROVIDES THAT, WHEN A MEMBER CERTIFIES THAT HIS PROFESSIONAL BOOKS AND PAPERS ARE NECESSARY IN THE PERFORMANCE OF HIS OFFICIAL DUTIES, SHIPMENT MAY BE MADE WITHOUT CHARGE AGAINST THE PRESCRIBED WEIGHT ALLOWANCE. THUS, UNDER THE REGULATIONS, YOU WERE ENTITLED TO HAVE INCLUDED IN THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS WITHOUT CHARGE AGAINST YOUR AUTHORIZED WEIGHT ALLOWANCE THE PROFESSIONAL BOOKS AND PAPERS WHICH YOU INDICATE WERE NECESSARY IN THE PERFORMANCE OF YOUR OFFICIAL DUTIES. HOWEVER, SINCE NO EVIDENCE HAS BEEN FURNISHED SHOWING THE WEIGHT OF THE PROFESSIONAL BOOKS AND PAPERS INCLUDED IN THE SHIPMENT, THERE IS NO PROPER BASIS ON THE PRESENT RECORD UPON WHICH WE MAY DETERMINE THE WEIGHT CREDIT, IF ANY, TO WHICH YOU MAY BE ENTITLED FOR SUCH BOOKS AND PAPERS.

SINCE THE CARRIER, NATIONAL MOVERS, INC., NEW YORK, NEW YORK, CERTIFIED THAT THE EFFECTS SHIPPED FOR YOU WEIGHED 15,350 POUNDS, AND SINCE PAYMENT HAS BEEN MADE TO THE CARRIER BY THE GOVERNMENT ON THAT BASIS, THE EVIDENCE SUBMITTED BY YOU IN SUPPORT OF YOUR CLAIM MAY NOT BE ACCEPTED TO CONTRAVENE THE WEIGHT SHOWN ON THE WEIGHT CERTIFICATE OF THE CARRIER.

YOUR AUTHORIZED WEIGHT ALLOWANCE OF 8,500 POUNDS OF EFFECTS INCREASED BY FIVE PERCENT FOR PACKING MATERIAL FOR VAN SHIPMENT WAS 8,925 POUNDS. THE SHIPMENT WEIGHING 15,350 POUNDS EXCEEDED YOUR AUTHORIZED WEIGHT ALLOWANCE BY 6,425 POUNDS. THE APPLICABLE TARIFF RATE FOR SHIPPING YOUR EFFECTS WAS $5.40 A HUNDRED POUNDS. THUS, YOU ARE PROPERLY CHARGEABLE WITH EXCESS COST OF $346.95, INSTEAD OF $481.67, AS ADMINISTRATIVELY COMPUTED.

WHERE A PERSON IS BOTH DEBTOR AND CREDITOR TO THE GOVERNMENT IN ANY FORM, THE ACCOUNTING OFFICERS ARE REQUIRED BY LAW TO CONSIDER BOTH THE CREDITS AND DEBITS IN AN ACCOUNT AND TO CERTIFY FOR PAYMENT ONLY THE BALANCE DUE, IF ANY. TAGGART V. UNITED STATES, 17 C. CLS. 322, 14 COMP. GEN. 897, 900. MOREOVER, IN REQUESTING SHIPMENT OF YOUR HOUSEHOLD EFFECTS YOU AGREED TO PAY ALL COSTS NOT AUTHORIZED BY REGULATIONS. THEREFORE, YOU ARE INDEBTED TO THE UNITED STATES IN THE AMOUNT OF $346.95, LESS $100 FOUND TO BE DUE YOU FOR UNIFORM ALLOWANCE, OR $246.95. THAT AMOUNT SHOULD BE REMITTED TO THE CLAIMS DIVISION, GENERAL ACCOUNTING OFFICE, WASHINGTON 25, D.C., BY CHECK, DRAFT, OR MONEY ORDERS, PAYABLE TO THE TREASURER OF THE UNITED STATES.