B-135068, MAR. 3, 1958

B-135068, MAR. 3, 1958

TO FIRST LIEUTENANT RUFUS R. HART:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 14, 1958, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF JANUARY 10, 1958, WHICH DISALLOWED YOUR CLAIM FOR PARTIAL REFUND OF THE AMOUNT COLLECTED FROM YOU AS THE EXCESS COST OF SHIPPING YOUR HOUSEHOLD GOODS BY VAN FROM FORT BENNING, GEORGIA, TO CAMP GARY, TEXAS.

THE SHIPMENT, WEIGHING 1,210 POUNDS, WAS MADE INCIDENT TO TEMPORARY DUTY ORDERS DATED JUNE 21, 1957. SINCE THE SHIPMENT EXCEEDED YOUR AUTHORIZED WEIGHT ALLOWANCE OF 630 POUNDS YOU WERE CHARGED WITH THE EXCESS COST OF $59.85, AND THAT AMOUNT WAS COLLECTED FROM YOU. YOUR CLAIM FOR PARTIAL REFUND IS BASED ON YOUR UNSUPPORTED STATEMENT THAT THE SHIPMENT INCLUDED 330 POUNDS OF PROFESSIONAL BOOKS. IN THE SETTLEMENT MENTIONED ABOVE YOU WERE ADVISED THAT UNDER APPLICABLE REGULATIONS PROFESSIONAL BOOKS MAY BE INCLUDED IN SHIPMENTS OF HOUSEHOLD GOODS WITHOUT A CHARGE AGAINST THE PRESCRIBED WEIGHT ALLOWANCE PROVIDED THAT SUCH BOOKS ARE PACKED SEPARATELY IN CONTAINERS MARKED "PROFESSIONAL BOOKS" AND THE WEIGHT OF THE CONTAINERS SHOWN SEPARATELY ON THE BILL OF LADING OR OTHER SHIPPING DOCUMENT. YOU WERE FURTHER ADVISED THAT YOUR APPLICATION FOR SHIPMENT OF HOUSEHOLD EFFECTS DID NOT SHOW, IN THE SPACE SPECIFICALLY PROVIDED FOR SUCH INFORMATION, THAT ANY PROFESSIONAL BOOKS WERE TO BE INCLUDED IN THE SHIPMENT; THAT IT APPEARS THAT YOUR PROFESSIONAL BOOKS WERE NOT PACKED SEPARATELY AND SO MARKED, AND THAT THE WEIGHT OF PROFESSIONAL BOOKS WAS NOT SHOWN SEPARATELY ON THE BILL OF LADING. IN YOUR PRESENT LETTER YOU STATE THAT YOUR PROFESSIONAL BOOKS WERE PACKED SEPARATELY; THAT 200 POUNDS OF THE BOOKS WERE PACKED IN "BOOK BOXES" FURNISHED TO YOU BY THE ARMY; THAT IN THE PAST THOSE BOXES WERE RECOGNIZED AS CONTAINING ONLY PROFESSIONAL BOOKS WITHOUT THE NECESSITY OF LABELING, AND THAT YOU WERE ASSURED THEY WOULD BE WEIGHED SEPARATELY AND NOT CHARGED AGAINST YOUR WEIGHT ALLOWANCE.

THE STATUTORY AUTHORITY FOR TRANSPORTATION OF HOUSEHOLD EFFECTS OF MEMBERS OF THE UNIFORMED SERVICES IS CONTAINED IN SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 237. THAT SECTION PROVIDES THAT UNDER SUCH CONDITIONS AND LIMITATIONS AND FOR SUCH RANKS, GRADES, OR RATINGS, AND TO AND FROM SUCH LOCATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO TRANSPORTATION OF HOUSEHOLD EFFECTS IN CONNECTION WITH A CHANGE OF STATION. JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO THAT AUTHORITY OF LAW, PROVIDE THAT UPON TEMPORARY CHANGE OF STATION A LIEUTENANT MAY SHIP 600 POUNDS OF HOUSEHOLD EFFECTS PLUS AN INCREASE OF FIVE PERCENT TO ALLOW FOR PACKING WHEN SHIPMENT IS MADE BY VAN. PARAGRAPH 8002 OF SUCH REGULATIONS PRESCRIBES THE CONDITIONS UNDER WHICH PROFESSIONAL BOOKS MAY BE INCLUDED IN A SHIPMENT OF HOUSEHOLD EFFECTS WITHOUT A CHARGE AGAINST THE WEIGHT ALLOWANCE OF THE OWNER. THOSE CONDITIONS MAKE IT MANDATORY THAT THE WEIGHT OF THE BOOKS BE SEPARATELY ESTABLISHED AND THAT DOCUMENTARY EVIDENCE OF SUCH WEIGHT BE FURNISHED. THE ABSENCE OF SOME EVIDENCE FROM AN OFFICIAL SOURCE ESTABLISHING THAT PROFESSIONAL BOOKS WERE SHIPPED AND THE EXACT WEIGHT OF THOSE BOOKS, THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM. YOUR FAILURE TO LIST AN APPROXIMATE WEIGHT OF PROFESSIONAL BOOKS IN THE APPROPRIATE SPACE PROVIDED FOR SUCH INFORMATION IN THE APPLICATION FOR SHIPMENT OF HOUSEHOLD GOODS CONSTITUTES A NEGATIVE INDICATION THAT SUCH BOOKS WERE INCLUDED IN THE SHIPMENT AND YOUR STATEMENT THAT 200 POUNDS OF THOSE BOOKS WERE PACKED IN BOOK BOXES MAY NOT BE ACCEPTED IN LIEU OF PROOF OF THE ACTUAL WEIGHT OF THE BOXES TO WHICH YOU REFER.