B-117345, APR 19, 1954

B-117345, APR 19, 1954

PRECIS-UNAVAILABLE

COLONEL W. F. SLOAN, USAF:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 15, 1953, REQUESTING REVIEW OF SETTLEMENT DATED AUGUST 26, 1953, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF THE AMOUNT PAID BY YOU TO THE GOVERNMENT AS EXCESS COST FOR TRANSPORTATION OF YOUR HOUSEHOLD EFFECTS FROM MOBILE, ALABAMA, TO MEMPHIS, TENNESSEE IN SEPTEMBER 1951.

BY ORDERS DATED AUGUST 16, 1951, YOU WERE RELEASED FROM DUTY AT BROOKLEY AIR FORCE, ALABAMA, AND ASSIGNED TO DUTY AT MALLORY AIR FORCE DEPOT, MEMPHIS, TENNESSEE. PURSUANT TO YOUR APPLICATION DATED AUGUST 20, 1951, IN WHICH YOU AGREED TO PAY ALL COSTS NOT AUTHORIZED BY REGULATIONS, YOUR HOUSEHOLD EFFECTS WERE PACKED AND SHIPPED BY VAN FROM MOBILE, ALABAMA, TO MEMPHIS, TENNESSEE, SEPTEMBER 8 TO 10, 1951, ON PURCHASE ORDER NO. (01- 601) 52-1767, DATED SEPTEMBER 5, 1951, AT A COST TO THE GOVERNMENT OF $851.44, PAID ON VOUCHER NO. 29473, MARCH 1952 ACCOUNTS OF MAJOR L. E. DOSTER, SYMBOL NO. 225-266. SUCH SHIPMENT PURPORTEDLY EXCEEDED BY 2,024 POUNDS, YOUR AUTHORIZED WEIGHT ALLOWANCE OF 11,000 POUNDS, PLUS FIVE PERCENT FOR PACKING MATERIAL, EXCLUSIVE OF PROFESSIONAL BOOKS, AS PRESCRIBED IN PARAGRAPHS 8001 AND 8002, JOINT TRAVEL REGULATIONS, RESULTING IN EXCESS COST IN THE SUM OF $80.89, WHICH AMOUNT HAS BEEN PAID BY YOU TO THE GOVERNMENT. YOU NOW CLAIM REFUND OF THE AMOUNT SO PAID ON THE GROUND THAT WIGHT CERTIFICATES FURNISHED BY THE CARRIER, WHICH CANNOT BE IDENTIFIED WITH THE SHIPMENT AND WHICH DO NOT BEAR THE NAME OF THE DRIVER, THE LOCATION OF WEIGHING OR THE VAN OR SHIPMENT NUMBER, ARE NOT CERTIFIED AND ATTESTED WEIGHT CERTIFICATES AS REQUIRED BY GOVERNMENT DIRECTIVES. YOU CONTEND THAT THE FAILURE OF THE CARRIER TO FURNISH PROPERLY ATTESTED WEITHT CERTIFICATES, AND THE FACT THAT YOUR EFFECTS, SHIPPED ON TWO VANS ON THE SAME DATE AND RECEIVED ON THE SAME DATE, WERE WEIGHED ON DIFFERENT DATES, VIOLATED THE TERMS OF THE TRANSPORTATION CONTRACT. ALSO, YOU CONTEND THAT A FURTHER INDICATION OF ERROR IN THE WEIGHING OF YOUR EFFECTS IS THE FACT THAT THE WEIGHT ON WHICH THE CARRIER'S CHARGES WERE BASED IS IDENTICAL WITH THE ESTIMATE PREVIOUSLY FURNISHED BY YOU TO THE TRANSPORTATION OFFICER AS SHOWN BY YOUR APPLICATION FOR TRANSPORTATION OF YOUR HOUSEHOLD EFFECTS DATED AUGUST 20, 1951.

IT APPEARS THAT TWO VANS BEARING YOUR HOUSEHOLD EFFECTS LEFT MOBILE, ALABAMA, ON SEPTEMBER 8, 1951, AND ARRIVED AT YOUR STATION AT MEMPHIS, TENNESSEE, FOR UNLOADING ON THE MORNING OF SEPTEMBER 10, 1951. THERE IS NOTING TO INDICATE, NOR IS IT ALLEGED BY YOU, THAT THESE VANS CONTAINED ANYTHING OTHER THAN YOUR HOUSEHOLD EFFECTS. THE TRANSPORTATION OFFICER HAS REPORTED THAT THE WEIGHT OF THE EFFECTS WAS TYPED ON THE APPLICATION FOR SHIPMENT AFTER THE EFFECTS WERE ACTUALLY WEIGHED. THE CORRECTNESS OF THIS STATEMENT FINDS SUPPORT IN THE APPLICATION ITSELF, THE TYPING ON WHICH INDICATES THAT IT WAS PARTIALLY EXECUTED AND COMPLETED AT A LATER TIME. WITH RESPECT TO THE FACT THAT THE VANS WERE WEIGHED ON DIFFERENT DATES, IT HAS BEEN ADMINISTRATIVELY REPORTED THAT THE SECOND VAN WAS LOADED TOO LATE ON SEPTEMBER 8, WHICH WAS SATURDAY, TO PERMIT WEIGHING AT MOBILE AND THEREFORE WAS SENT TO MEMPHIS TO BE WEIGHED AT DESTINATION SO THAT YOUR EFFECTS MIGHT BE DELIVERED ON MONDAY, SEPTEMBER 10, AS REQUESTED BY YOU. WHILE IT THUS APPEARS THAT THERE WAS NOT STRICT COMPLIANCE WITH THE PROVISIONS OF PARAGRAPH 7 OF THE CONTRACT CONCERNING WEIGHING OF THE EFFECTS, IT IS NOT APPARENT THAT YOUR RIGHTS WERE MATERIALLY AFFECTED SINCE, PRESUMABLY, THE WEIGHT OF THE SHIPMENT REMAINED THE SAME WHETHER WEIGHED AT ORIGIN OR DESTINATION. AN EXAMINATION OF THE SCALE TICKETS SHOWS THAT IN EACH CASE BOTH THE TARE AND GROSS WEIGHTS WERE AUTOMATICALLY POSTED ON THE TICKETS BY A MECHANICAL DEVICE FORMING A PART OF THE SCALES. HENCE, FURTHER ATTESTATION OR CERTIFICATION WOULD ADD NOTHING. SCALE TICKETS, OF COURSE, ARE DESIGNED SOLELY TO EVIDENCE EACH SPECIFIC SCALE LOAD. THE SCALE TICKETS IN YOUR CASE, WHEN ASSOCIATED BY THE DRIVERS WITH THEIR COPY OF THE SHIPPING INVOICE AND THE INVENTORY OF THE CONTENTS OF THE VANS WHICH WAS SIGNED BY YOU IN ACKNOWLEDGING DELIVERY, FURNISH SUBSTANTIALLY THE INFORMATION YOU CONTEND IS NECESSARY, AND ARE CONSIDERED SUFFICIENT TO SUPPORT PAYMENT OF THE CARRIER'S CHARGES FOR SERVICES RENDERED.

THE EVIDENCE SUBMITTED BY YOU IN SUPPORT OF YOUR CONTENTION MAY NOT BE ACCEPTED AS CONTRAVENING THE WEIGHT SHOWN ON THE WEIGHT CERTIFICATES OF THE CARRIER ATTACHED TO THE ORIGINAL FREIGHT BILL. SINCE IT IS SHOWN BY THE WEIGHT CERTIFICATES THAT THE HOUSEHOLD EFFECTS SHIPPED FOR YOU EXCEEDED YOUR AUTHORIZED WEIGHT ALLOWANCE INCREASED BY FIVE PERCENT FOR PACKING MATERIAL THE INCREASED COST INCURRED BY REASON OF SUCH EXCESS WEIGHT PROPERLY WAS CHARGED TO YOU.

ACCORDINGLY, THE SETTLEMENT OF AUGUST 26, 1953, IS SUSTAINED.