B-124742, OCT. 5, 1955

B-124742, OCT. 5, 1955

TO MR. HARRY R. WILSON, JR.:

REFERENCE IS MADE TO YOUR LETTER DATED MAY 26, 1955, IN EFFECT REQUESTING REVIEW OF SETTLEMENT DATED MAY 20, 1955, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF THE AMOUNT PAID BY YOU TO THE GOVERNMENT AS EXCESS COSTS FOR TRANSPORTATION OF YOUR HOUSEHOLD EFFECTS FROM LEBANON, PENNSYLVANIA, TO PORTSMOUTH, VIRGINIA.

IT APPEARS THAT BY ORDERS DATED NOVEMBER 5, 1952, YOU WERE ORDERED TO ACTIVE DUTY IN THE NAVAL RESERVE AND DIRECTED TO PROCEED FROM YOUR HOME, LEBANON, PENNSYLVANIA, TO PORTSMOUTH, VIRGINIA, AND REPORT TO THE NORFOLK NAVAL SHIPYARD ON OR BEFORE DECEMBER 15, 1952, FOR DUTY. PURSUANT TO YOUR REQUEST YOUR HOUSEHOLD EFFECTS WERE PACKED AND SHIPPED BY VAN FROM LEBANON, PENNSYLVANIA, TO PORTSMOUTH, VIRGINIA, ON GOVERNMENT BILL OF LADING NO. N-16253005, DATED JANUARY 5, 1953, AT A COST TO THE GOVERNMENT OF $512.88, PAID ON VOUCHER NO. 197995, FEBRUARY 1953 ACCOUNTS OF J. A. DAVIS. SUCH SHIPMENT IS REPORTED TO HAVE WEIGHED 9,900 POUNDS, WHICH EXCEEDED BY 2,025 POUNDS YOUR AUTHORIZED WEIGHT ALLOWANCES OF 7,500 POUNDS, PLUS 5 PERCENT FOR PACKING MATERIALS, EXCLUSIVE OF PROFESSIONAL BOOKS, AS PRESCRIBED BY PARAGRAPHS 8001 AND 8002, JOINT TRAVEL REGULATIONS. THE EXCESS WEIGHT RESULTED IN EXCESS COSTS FOR TRANSPORTATION OF $73.31, WHICH AMOUNT HAS BEEN PAID BY YOU TO THE GOVERNMENT. IN SUPPORT OF YOUR CLAIM FOR REFUND OF THE AMOUNTS SO PAID YOU SAY THAT SUBSTANTIALLY THE SAME EFFECTS, PLUS ADDITIONAL ITEMS FOR A BABY BORN DURING THE PERIOD OF YOUR ACTIVE DUTY, WERE SHIPPED BY VAN ON JANUARY 2, 1954, FROM NORFOLK, VIRGINIA, TO PITTSBURGH, PENNSYLVANIA, AND THAT THE WEIGHT OF THAT SHIPMENT, AS SHOWN BY THE CARRIER, WAS 7,490 POUNDS. BASED ON THAT SHOWING YOU CONTEND THAT THE WEIGHT OF 9,900 POUNDS FOR YOUR EFFECTS IS IN ERROR.

THE RECORDS SHOW THAT YOUR EFFECTS WERE WEIGHED AT THE CITY OF LEBANON SCALES, LEBANON, PENNSYLVANIA. AN EXAMINATION OF THE SCALE TICKET, DATED JANUARY 8, 1953, ATTACHED TO THE VOUCHER ON WHICH PAYMENT WAS MADE FOR THE PACKING AND TRANSPORTATION OF YOUR HOUSEHOLD EFFECTS, SHOWS THE GROSS, TARE AND NET WEIGHTS, AND IS SIGNED BY EARL P. LEIBY, WEIGHTMASTER.

THE STATEMENTS MADE BY YOU IN SUPPORT OF YOUR CONTENTION THAT THE WEIGHT OF SUCH EFFECTS WAS INCORRECT MAY NOT BE ACCEPTED AS CONTRAVENING THE WEIGHT SHOWN ON THE WEIGHT CERTIFICATE OF THE CARRIER ATTACHED TO THE ORIGINAL BILL OF LADING AND SINCE THAT WEIGHT CERTIFICATE SHOWS THAT THE HOUSEHOLD EFFECTS SHIPPED FOR YOU EXCEEDED YOUR AUTHORIZED WEIGHT ALLOWANCE, INCREASED BY 5 PERCENT FOR PACKING MATERIALS, THE INCREASED COST INCURRED BY REASON OF SUCH EXCESS WEIGHT PROPERLY WAS CHARGEABLE TO YOU.