B-150723, AUG. 8, 1963

B-150723, AUG. 8, 1963

TO MILTON E. RUBINI, M.D.:

YOUR LETTER OF MAY 20, 1963, REQUESTS THAT WE RECONSIDER OUR DECISION OF APRIL 30, 1963, AND OUR SETTLEMENT OF MAY 1, 1963, CONCERNING THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS UPON YOUR SEPARATION FROM THE MILITARY SERVICE AND IMMEDIATE ACCEPTANCE OF EMPLOYMENT WITH THE VETERANS ADMINISTRATION.

WE FIND THAT THE TRANSPORTATION BRANCH OF WALTER REED ARMY MEDICAL CENTER, WASHINGTON 12, D.C., REPORTED THAT YOU WERE AUTHORIZED SHIPMENT OF YOUR HOUSEHOLD EFFECTS UNDER THE JOINT TRAVEL REGULATIONS FROM WASHINGTON, D.C., TO BOSTON, MASSACHUSETTS, 441 MILES FOR 9,860 POUNDS AT $4.46 PER CWT., AT A COST TO THE GOVERNMENT OF $439.76. UPON YOUR SEPARATION FROM THE MILITARY SERVICE, SHIPMENT OF YOUR HOUSEHOLD EFFECTS WAS MADE BY THE DEPARTMENT OF THE ARMY FROM WASHINGTON, D.C., TO LOS ANGELES, CALIFORNIA, 2,696 MILES FOR 9,860 POUNDS AT $15.20 PER CWT. AT A COST OF $1,498.72. SUBSEQUENTLY IT WAS DISCOVERED, APPARENTLY BY THE CARRIER, BASED UPON THE WEIGHT FIGURES SHOWN IN THE BILL OF LADING, THAT AN ERROR OF 1,000 POUNDS HAD BEEN MADE IN THE WEIGHT OF YOUR HOUSEHOLD EFFECTS. THE BILL OF LADING WAS CORRECTED TO SHOW THE WEIGHT AS 8,860 POUNDS INSTEAD OF 9,860. THUS, THE COMPUTATION ON THE BILL OF LADING WAS ADJUSTED TO SHOW THE COST TO THE GOVERNMENT FOR TRANSPORTING 8,860 POUNDS, 2,696 MILES AT $15.20 PER CWT., AS $1,346.72 INSTEAD OF $1,498.72, A DIFFERENCE OF $152. HOWEVER, THE RECORD DOES NOT SHOW THAT THE EXCESS COST OF $1,058.96 WHICH YOU WERE REQUIRED TO PAY TO THE TRANSPORTATION OFFICER AT WALTER REED ARMY MEDICAL CENTER BEFORE YOUR HOUSEHOLD EFFECTS WERE SHIPPED WAS EVER ADJUSTED. NEITHER DOES THE RECORD SHOW THAT THE AUTHORIZED SHIPMENT OF YOUR HOUSEHOLD EFFECTS UNDER THE JOINT TRAVEL REGULATIONS FROM WASHINGTON, D.C., TO BOSTON, MASSACHUSETTS, 441 MILES FOR 9,860 POUNDS AT $4.46 PER CWT., AT A COST OF $439.76 TO THE GOVERNMENT WAS ADJUSTED UPON DISCOVERY OF THE WEIGHT ERROR. THE PROPER CHARGE FOR 8,860 POUNDS, 441 MILES AT $4.46 PER CWT., IS $395.16. ACCORDINGLY, BASED UPON THE WEIGHT ERROR, THE FOLLOWING COMPLETE ADJUSTMENT SHOULD HAVE BEEN ADMINISTRATIVELY MADE:

TABLE

WEIGHT TO LOS ANGELES, CALIF. TO BOSTON, MASS. EXCESS COST TO YOU 9,860 LBS. $1,498.72 $439.76 $1,058.96 8,860 LBS. 1,346.72 395.16

951.56

--------- ------- --------- DIFFERENCE $ 152.00

$ 44.60 $ 107.40

THEREFORE, BASED UPON THE FOREGOING COMPUTATION WE FIND DUE YOU AN ADDITIONAL SUM OF $107.40 AS A RESULT OF THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS BY THE DEPARTMENT OF THE ARMY UPON YOUR SEPARATION FROM THE MILITARY SERVICE.

OUR CLAIMS DIVISION WILL PROMPTLY ISSUE A SUPPLEMENTAL SETTLEMENT IN THE AMOUNT SET OUT ABOVE AND APPROPRIATELY DISPOSE OF THE RESULTING CREDIT.

IN OTHER RESPECTS OUR PRIOR SETTLEMENT IS CORRECT, THERE BEING NO LAWFUL BASIS FOR HANDLING A SINGLE SHIPMENT UNDER BOTH MILITARY AND CIVILIAN LAW.