B-148371, JUN. 13, 1962

B-148371, JUN. 13, 1962

TO LIEUTENANT COMMANDER KERMIT R. MEADE (4576), USCG:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 26, 1962, IN EFFECT REQUESTING REVIEW OF THAT PART OF THE SETTLEMENT DATED OCTOBER 24, 1961, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF THE DIFFERENCE BETWEEN $92.01 AND $35.73 COLLECTED FROM YOU AS THE EXCESS COST OF SHIPPING YOUR HOUSEHOLD GOODS FROM BETHESDA, MARYLAND, TO FALL RIVER, MASSACHUSETTS, INCIDENT TO YOUR PERMANENT CHANGE OF STATION.

BY ORDER DATED MARCH 24, 1961, YOU WERE DETACHED FROM YOUR DUTY STATION AT WASHINGTON, D.C., IN TIME TO REPORT JUNE 26, 1961, TO YOUR NEW ASSIGNMENT AS COMMANDING OFFICER OF THE CGS LEGARE (WSC-144), FAIRHAVEN, MASSACHUSETTS. PURSUANT TO THIS ORDER YOU MADE APPLICATION FOR SHIPMENT OF YOUR HOUSEHOLD GOODS AND STATED ON YOUR APPLICATION THAT YOU HAD APPROXIMATELY 500 POUNDS OF PROFESSIONAL BOOKS, PAPERS AND EQUIPMENT TO BE SHIPPED. YOUR HOUSEHOLD GOODS WERE SHIPPED FROM BETHESDA, MARYLAND, TO FALL RIVER, MASSACHUSETTS, ON GOVERNMENT BILLS OF LADING NOS. A 0043199 AND A 0515220, AND IN THE SPACES PROVIDED ON THE LATTER BILL OF LADING FOR SUCH INFORMATION, THE TRANSPORTATION COMPANY INSERTED 10,180 POUNDS AS THE NET WEIGHT OF YOUR GOODS WHICH INCLUDED "0" POUNDS OF PROFESSIONAL BOOKS, PAPERS AND EQUIPMENT.

(THERE IS MISSING MATERIAL AT THIS POINT.)

THE SHIPMENT OF HOUSEHOLD EFFECTS, INCLUDING PROFESSIONAL BOOKS, PAPERS AND EQUIPMENT OF MEMBERS OF THE UNIFORMED SERVICES, IS AUTHORIZED BY THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (C). PARAGRAPH 8003 (CHANGE 98, DATED NOVEMBER 1, 1960) OF THOSE REGULATIONS PROVIDED THAT WHEN CERTIFIED BY THE MEMBER AS NECESSARY IN THE PERFORMANCE OF HIS OFFICIAL DUTIES, SHIPMENT OF PROFESSIONAL BOOKS, PAPERS AND EQUIPMENT UNDER THOSE REGULATIONS SHALL BE IN THE SAME MANNER AND UNDER THE SAME CONDITIONS AS OTHER HOUSEHOLD GOODS EXCEPT THAT THE WEIGHT THEREOF SHALL BE WITHOUT CHARGE AGAINST THE PRESCRIBED WEIGHT ALLOWANCE. ALSO, IT PROVIDED THAT SUCH BOOKS, PAPERS AND EQUIPMENT WILL BE PACKED SEPARATELY AND THE CONTAINERS WILL BE MARKED "PROFESSIONAL BOOKS, PAPERS, AND EQUIPMENT," AND THAT THE WEIGHT OF SUCH CONTAINERS WILL BE SHOWN SEPARATELY ON THE BILLS OF LADING OR OTHER SHIPPING DOCUMENTS. PARAGRAPH B08N05-2C OF THE COAST GUARD TRAVEL MANUAL, SUPPLEMENTING INSTRUCTIONS TO THE JOINT TRAVEL REGULATIONS, PROVIDED THAT THE NOTATION "WEIGHT INCLUDES ---- LIBS. PROFESSIONAL BOOKS, PAPERS AND EQUIPMENT" WILL BE PLACED ON THE FACE OF THE GOVERNMENT BILL OF LADING BENEATH THE GROSS, TARE AND NET WEIGHTS BY THE ISSUING OFFICE. IT IS ALSO PROVIDED THAT THE CARRIER WILL BE RESPONSIBLE FOR OBTAINING THE WEIGHT OF PROFESSIONAL BOOKS, PAPERS AND EQUIPMENT BY SEPARATE WEIGHING OR BASING AN ESTIMATE ON 25 POUNDS TO A CUBIC FOOT, AND IF THE CARRIER FAILS TO INSERT THE WEIGHT ON THE BILL OF LADING, THE OWNER'S ESTIMATE AS INDICATED IN ITEM 9 OF FORM DD-1299 WILL BE ACCEPTED. PARAGRAPH B08N02-LE PROVIDES THAT IF THE PROFESSIONAL BOOKS, PAPERS AND EQUIPMENT EXCEED 500 POUNDS, THE OWNER SHALL JUSTIFY TO THE SATISFACTION OF THE SHIPPING OFFICER THE NECESSITY FOR SHIPPING SUCH GOODS IN EXCESS OF 500 POUNDS.

IN ORDER THAT PROFESSIONAL BOOKS, PAPERS AND EQUIPMENT MAY BE INCLUDED IN A SHIPMENT OF HOUSEHOLD GOODS WITHOUT BEING CHARGED AGAINST THE WEIGHT ALLOWANCE OF THE OWNER, THE REGULATIONS CONTEMPLATE THAT THE WEIGHT OF SUCH BOOKS, ETC., WILL BE ESTABLISHED WITH LEGAL CERTAINTY. THE REGULATIONS SET FORTH THE OFFICIAL METHOD OF DETERMINING SUCH WEIGHT. THE ACTUAL WEIGHT WAS NOT ESTABLISHED IN THIS CASE AND YOU HAVE SUBMITTED NO INFORMATION WHICH WOULD FURNISH A LEGAL BASIS FOR DETERMINING SUCH WEIGHT. YOU ESTIMATE ON FORM DD-1299 THAT THE PROFESSIONAL BOOKS, PAPERS AND EQUIPMENT WEIGHED APPROXIMATELY 500 POUNDS AND THE SHIPPING OFFICER APPROVED YOUR APPLICATION FOR SHIPMENT OF YOUR GOODS ON THAT BASIS. THE ESTIMATED WEIGHT OF SUCH GOODS HAD EXCEEDED 500 POUNDS, THE ADMINISTRATIVE REGULATIONS WOULD HAVE REQUIRED YOU TO ESTABLISH THE NECESSITY FOR SHIPPING SUCH PROFESSIONAL GOODS IN EXCESS OF 500 POUNDS. SINCE THE WEIGHT OF THE PROFESSIONAL BOOKS, ETC., WAS NOT OTHERWISE ESTABLISHED, AND AS THE ADMINISTRATIVE REGULATIONS PROVIDE THAT IN SUCH CASES THE OWNER'S ESTIMATE AS SHOWN ON FORM DD-1299 WILL BE ACCEPTED, OUR SETTLEMENT OF OCTOBER 23, 1961, WAS ISSUED ON THAT BASIS. THERE IS NOTHING IN THE STATUTE AND REGULATIONS, HOWEVER, WHICH SUGGESTS THAT THE OWNER'S RESPONSIBILITY WITH RESPECT TO ESTABLISHING THE WEIGHT OF HIS PROFESSIONAL MATERIAL WITH CERTAINTY MAY BE SHIFTED TO THE TRANSPORTATION OFFICER AND, UNLESS THE ACTUAL WEIGHT OF THE GOODS YOU SHIPPED IS ESTABLISHED WITH LEGAL CERTAINTY, THERE IS NO BASIS TO ALLOW YOU AN ADDITIONAL AMOUNT.

ADVICE RECEIVED FROM THE TRANSPORTATION OFFICE AT COAST GUARD HEADQUARTERS TO THE EFFECT THAT YOU WERE ONLY REQUIRED TO SUBMIT A MEMORANDUM TO THAT OFFICE ADVISING THEM OF THE WEIGHT PRESUMABLY CONTEMPLATED THAT SUCH WEIGHT WOULD BE ESTABLISHED WITH CERTAINTY; OTHERWISE THAT CIRCUMSTANCE MAY NOT BE CONSIDERED TO PROVIDE A BASIS FOR THE ALLOWANCE OF THE ADDITIONAL AMOUNT CLAIMED BY YOU. ACCORDINGLY, ON THE PRESENT RECORD, THE SETTLEMENT OF OCTOBER 24, 1961, IS SUSTAINED.

WE REGRET THAT AN EARLIER REPLY COULD NOT BE MADE TO YOUR LETTER OF FEBRUARY 26, 1962. THE DELAY WAS DUE TO DIFFICULTY IN LOCATING THE VOUCHERS PERTAINING TO YOUR CLAIM.