B-135354, MAR. 19, 1958

B-135354, MAR. 19, 1958

TO MR. ROBERT D. GERMAN:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 11, 1958, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF MARCH 31, 1954, WHICH DISALLOWED YOUR CLAIM FOR $109.59 REPRESENTING THE AMOUNT COLLECTED FROM YOU AS THE EXCESS COST OF SHIPPING YOUR HOUSEHOLD EFFECTS FROM SAN FRANCISCO, CALIFORNIA, TO WASHINGTON, D.C.

THE SHIPMENT WAS MADE INCIDENT TO CHANGE OF STATION ORDERS DATED JULY 23, 1953, WHILE YOU WERE SERVING AS CHIEF HOSPITAL CORPS MAN, UNITED STATES NAVY. THE SHIPMENT WAS MADE BY COMMERCIAL VAN ON A GOVERNMENT BILL OF LADING, AND SINCE THE WEIGHT SHIPPED EXCEEDED YOUR AUTHORIZED WEIGHT ALLOWANCE BY 775 POUNDS, YOU WERE REQUIRED TO PAY THE EXCESS COST INCURRED IN ACCORDANCE WITH THE TERMS OF THE APPLICATION FOR SHIPMENT. YOUR REQUEST FOR REVIEW IS BASED ON A COMPARISON OF THE INVENTORY OF THE ITEMS IN THAT SHIPMENT WITH THE INVENTORY OF A PRIOR SHIPMENT AND A SUBSEQUENT SHIPMENT. ALSO, YOU EXPRESS THE BELIEF THAT THE WEIGHT BILLED INCLUDED THE EFFECTS OF SOME OTHER PERSON.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (C), PROVIDES THAT UNDER SUCH CONDITIONS AND LIMITATIONS AND FOR SUCH RANKS, GRADES OR RATINGS AS MAY BE PRESCRIBED FOR THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO TRANSPORTATION OF HOUSEHOLD EFFECTS TO AND FROM SUCH LOCATIONS AND WITHIN SUCH WEIGHT ALLOWANCES AS MAY BE PRESCRIBED BY THE SECRETARIES. PURSUANT TO THAT AUTHORITY OF LAW, THE JOINT TRAVEL REGULATIONS PRESCRIBE WEIGHT ALLOWANCES FOR THE VARIOUS RANKS AND GRADES AND PROVIDE FOR A PERCENTAGE INCREASE TO ALLOW FOR PACKING FOR THE MODE OF TRANSPORTATION UTILIZED. THE COST OF SHIPPING HOUSEHOLD EFFECTS IN EXCESS OF THE AUTHORIZED WEIGHT ALLOWANCE AS INCREASED BY THE ALLOWANCE FOR PACKING IS FOR PAYMENT BY THE OWNER. IN YOUR CASE, YOU WERE ENTITLED TO SHIP 4,500 POUNDS PLUS FIVE PERCENT FOR PACKING FOR VAN SHIPMENT OR A TOTAL OF 4,725 POUNDS. THE DEPARTMENT OF THE NAVY PAID THE CARRIER FOR PACKING AND SHIPPING 5,500 POUNDS OF YOUR HOUSEHOLD EFFECTS BASED ON THE WEIGHT SHOWN ON THE BILL OF LADING SUPPORTED BY A CERTIFICATE OF A PUBLIC WEIGHMASTER. THE EXCESS COST CHARGED TO YOU WAS COMPUTED ON THE BASIS OF THAT WEIGHT. EVIDENCE INDICATING THAT MANY OF THE ITEMS WERE INCLUDED IN OTHER SHIPMENTS OF YOUR HOUSEHOLD GOODS AND THAT THE GOVERNMENT PAID FOR SHIPPING A LESSER WEIGHT ON THOSE OTHER OCCASIONS DOES NOT ESTABLISH THAT THE WEIGHT BILLED FOR THE SHIPMENT HERE INVOLVED WAS INCORRECT; THAT IT INCLUDED THE EFFECTS OF ANOTHER INDIVIDUAL, OR THAT SOME OTHER WEIGHT, NOT MENTIONED BY YOU, WAS CORRECT. THAT BEING SO, THE EVIDENCE SUBMITTED AFFORDS NO BASIS ON WHICH ANY PART OF THE AMOUNT COLLECTED FROM YOU AS EXCESS COST MAY BE REFUNDED.

ACCORDINGLY, THE SETTLEMENT OF MARCH 31, 1954, IS SUSTAINED.

THE ENCLOSURES WITH YOUR LETTER, HAVING BECOME A PART OF THE RECORD ON WHICH DISPOSITION OF YOUR CLAIM WAS BASED, ARE REQUIRED TO BE RETAINED HERE AND MAY NOT BE RETURNED AT YOUR REQUEST.