B-144708, JUN. 14, 1961

B-144708, JUN. 14, 1961

TO MR. JOHN F. SUTTON:

YOUR LETTER OF APRIL 24, 1961, REQUESTS RECONSIDERATION OF OUR OFFICE SETTLEMENT DATED FEBRUARY 20, 1961, WHICH DISALLOWED A PART OF YOUR CLAIM FOR TRANSPORTATION OF HOUSEHOLD GOODS AND EFFECTS INCIDENT TO THE TRANSFER OF YOUR OFFICIAL STATION FROM DAHLGREN, VIRGINIA, TO WASHINGTON, D.C., UPON YOUR EMPLOYMENT WITH THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION.

BY YOUR AGENCY'S LETTER OF JUNE 23, 1960 (TG NUMBER 2866, JUNE 22, 1960), YOU WERE AUTHORIZED TO TRAVEL AND TRANSPORT YOUR DEPENDENTS IN ACCORDANCE WITH STANDARDIZED GOVERNMENT TRAVEL REGULATIONS. ALSO, YOU WERE AUTHORIZED TO TRANSPORT YOUR HOUSEHOLD GOODS AND EFFECTS UNDER EXECUTIVE ORDER NO. 9805, DATED NOVEMBER 25, 1946, AS AMENDED. YOU NOW RECLAIM $182.30 WHICH WAS DISALLOWED BY OUR OFFICE SETTLEMENT DATED FEBRUARY 20, 1961, INCIDENT TO YOUR CLAIM FOR TRANSPORTATION OF HOUSEHOLD GOODS AND EFFECTS.

THE RECORD NOW SHOWS THAT SOME OF YOUR HOUSEHOLD GOODS OR EFFECTS WERE TRANSPORTED IN YOUR PRIVATELY OWNED AUTOMOBILE PRIOR TO THE USE OF A TRAILER. HOWEVER, THE RECORDS FAIL TO REFLECT THE WEIGHT OF GOODS SO TRANSPORTED. YOU TRANSPORTED THE REMAINDER OF YOUR HOUSEHOLD GOODS AND EFFECTS IN A RENTED "U-HAUL" TRAILER WHICH YOU RENDED FOR $8. THE TOTAL WEIGHT OF GOODS AND EFFECTS SAID TO HAVE BEEN TRANSPORTED BY YOU IS 4,325 POUNDS. THIS WEIGHT WHICH WAS DETERMINED BY YOU SEVERAL MONTHS AFTER THE EVENT BY REFERENCE TO CATALOG SHIPPING WEIGHTS OF ARTICLES IN SOME INSTANCES AND BY ACTUAL WEIGHING OF ARTICLES IN OTHERS IS SUPPORTED BY AN ITEMIZED LIST. IN THAT REGARD WE SHOULD LIKE TO POINT OUT THAT THE CATALOG SHIPPING WEIGHTS ARE GROSS WEIGHTS OF THE ARTICLES PACKED AND CRATED FOR SHIPMENT AND NOT THE NET WEIGHTS.

SECTION 10 (A) OF TITLE 1, SECTION 14 OF TITLE II OF EXECUTIVE ORDER NO. 9805 (MODIFIED BY SECTION 13 (F), CIRCULAR A-37, FEBRUARY 20, 1960), PROVIDED IN PART AS FOLLOWS:

"/A) STATEMENT OF WEIGHT. WHEN CHARGES FOR TRANSPORTATION ARE BASED UPON WEIGHT, THE ACTUAL (NOT ESTIMATED) WEIGHT SHALL BE SHOWN.

"13 (F) IN SUPPORT OF CLAIMS FOR REIMBURSEMENT UNDER THE COMMUTED RATE SYSTEM EMPLOYEES SHALL SUBMIT * * * (2) IN SUPPORT OF TRANSPORTATION, THE ORIGINAL BILLS OF LADING OR CERTIFIED COPIES, OR, IF BILLS OF LADING ARE NOT AVAILABLE, OTHER EVIDENCE SHOWING POINT OF ORIGIN, DESTINATION, AND WEIGHT. IF NO ADEQUATE SCALE IS AVAILABLE AT POINT OF ORIGIN, AT ANY POINT EN ROUTE, OR AT DESTINATION, A CONSTRUCTIVE WEIGHT, BASED ON SEVEN POUNDS PER CUBIC FOOT OF PROPERLY LOADED VAN SPACE, MAY BE USED. * * *"

THE FOREGOING METHODS ARE PRECISE AND EXCLUSIVE IN DETERMINING THE WEIGHT OF HOUSEHOLD GOODS AND EFFECTS TRANSPORTED IN THOSE CASES WHERE REIMBURSEMENT IS SOUGHT ON A COMMUTED BASIS UNDER SECTION 1 (B) OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, 5 U.S.C. 73B-1 (B) AND THE EXECUTIVE ORDER ISSUED PURSUANT THERETO. AN EMPLOYEE'S RIGHT TO REIMBURSEMENT ON A COMMUTED BASIS FOR THE TRANSPORTATION OF HOUSEHOLD GOODS AND EFFECTS MUST BE BASED UPON THE ACTUAL WEIGHT SHOWN BY BILLS OF LADING OR IN THE ABSENCE OF SUCH BILLS OTHERWISE ESTABLISHED BY EVIDENCE OF EQUAL PROBATIVE VALUE. IN THE ALTERNATIVE WHEN SCALES ARE NOT AVAILABLE A CONSTRUCTIVE WEIGHT BASED UPON SEVEN POUNDS PER CUBIC FOOT OF PROPERLY LOADED VAN SPACE OCCUPIED IS ACCEPTABLE. AS AN ALTERNATIVE YOU FURNISHED THE DIMENSIONS OF THE TRAILER TRUCK BUT YOU DID NOT ESTABLISH BY ACCEPTABLE EVIDENCE THE PROPERLY LOADED VAN SPACE OCCUPIED BY THE SHIPMENTS.

IT IS APPARENT FROM THE FOREGOING THAT YOU DID NOT AT THE TIME OF SHIPMENT COMPLY WITH THE REQUIREMENTS OF THE REGULATIONS IN ATTEMPTING TO ESTABLISH EITHER THE ACTUAL OR CONSTRUCTIVE WEIGHT OF THE HOUSEHOLD GOODS AND EFFECTS SHIPPED. WE ARE UNABLE TO SEE HOW THAT CAN BE DONE AT THIS TIME.

IN THE ABSENCE OF EVIDENCE REQUIRED BY THE REGULATIONS WE ARE UNAUTHORIZED TO ALLOW PAYMENT FOR THE TRANSPORTATION UPON A COMMUTED BASIS. PAYMENT OF ACTUAL EXPENSES INCURRED IN THE MOVEMENT WAS AUTHORIZED BY OFFICE SETTLEMENT OF FEBRUARY 20, 1961, TO THE EXTENT THAT SUCH EXPENSES WERE EVIDENCED BY THE RECORD.

THEREFORE, THE SETTLEMENT OF FEBRUARY 20, DISALLOWING YOUR CLAIM FOR THE TRANSPORTATION OF HOUSEHOLD GOODS AND EFFECTS UPON A COMMUTED BASIS IS CORRECT AND UPON REVIEW, IT MUST BE SUSTAINED.