B-165846, JAN. 8, 1969

B-165846, JAN. 8, 1969

TO MR. BERLIN WATFORD:

THIS REFERS TO YOUR REGISTERED LETTER POSTMARKED DECEMBER 3, 1968, WHICH WE REGARD AS A REQUEST FOR REVIEW OF OUR OFFICE SETTLEMENT DATED NOVEMBER 26, 1968, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE EXPENSES INCURRED BY YOU FOR THE TRANSPORTATION OF YOUR HOUSEHOLD GOODS FROM BROOKLEY AIR FORCE BASE, ALABAMA, TO KELLY AIR FORCE BASE, TEXAS, INCIDENT TO A PERMANENT CHANGE OF STATION IN JUNE 1967.

YOUR CLAIM WAS DISALLOWED BY THE CLAIMS DIVISION OF OUR OFFICE BECAUSE YOU FAILED TO FURNISH ANY ACCEPTABLE EVIDENCE OF EITHER THE ACTUAL OR CONSTRUCTIVE WEIGHT OF YOUR HOUSEHOLD GOODS WHICH YOU TRANSPORTED BY PRIVATELY OWNED TRUCK AND RENTED TRAILER BETWEEN THE TWO POINTS NAMED ABOVE. THE EVIDENCE SUBMITTED BY YOU CONSISTED ONLY OF AN ITEMIZED LIST OF YOUR HOUSEHOLD GOODS TOGETHER WITH THE ESTIMATED WEIGHTS THEREOF. ALSO, YOU HAVE NOT FURNISHED RECEIPTS OR OTHER ACCEPTABLE EVIDENCE OF THE ACTUAL EXPENSES INCURRED BY YOU (ALLEGEDLY $302) IN CONNECTION WITH THE TRANSPORTATION OF YOUR EFFECTS.

WE CONSISTENTLY HAVE HELD THAT AN EMPLOYEE WHO DOES NOT FURNISH PROPER EVIDENCE OF ACTUAL WEIGHT OR VOLUME, SUCH AS WILL SATISFY THE LAW AND REGULATIONS, MAY NOT BE ALLOWED REIMBURSEMENT AT THE COMMUTED RATE FOR THE MOVEMENT OF HOUSEHOLD EFFECTS. IN THAT REGARD SECTION 6.4D (3) OF BUREAU OF THE BUDGET CIRCULAR NO. A-56, REVISED OCTOBER 12, 1966, PROVIDES IN PART AS FOLLOWS:

"DOCUMENTATION REQUIRED. CLAIMS FOR REIMBURSEMENT UNDER THE COMMUTED RATE SYSTEM SHALL BE SUPPORTED BY * * * 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 7 POUNDS PER CUBIC FOOT OF PROPERLY LOADED VAN SPACE, MAY BE USED. * * *"

UNDER THAT REGULATION THE WEIGHT OF HOUSEHOLD GOODS TRANSPORTED FOR THE PURPOSE OF COMPUTING THE COMMUTED RATE OF PAYMENT ALLOWABLE MUST BE DETERMINED EITHER BY THE ACTUAL SCALE WEIGHT OF THE GOODS OR BY THE CONSTRUCTIVE WEIGHT OF SUCH GOODS DETERMINED ON THE BASIS OF THE SPACE OCCUPIED WHEN PROPERLY LOADED FOR SHIPMENT IN A VAN. THE ITEMIZED LIST FURNISHED BY YOU CONSISTING ENTIRELY OF ESTIMATED WEIGHTS DOES NOT SATISFY THE REQUIREMENTS OF THE ABOVE-QUOTED REGULATION. FURTHERMORE, SINCE YOU ARE UNABLE TO FURNISH PROPER EVIDENCE OF THE ACTUAL AMOUNT EXPENDED FOR THE TRANSPORTATION OF YOUR GOODS, NO AMOUNT MAY BE ALLOWED ON THAT BASIS. 32 COMP. GEN. 9; 38 ID. 554.

THEREFORE, ON THE BASIS OF THE PRESENT RECORD WE MUST SUSTAIN THE DISALLOWANCE OF YOUR CLAIM.

AS REQUESTED BY YOUR LETTER, HEREWITH ARE COPIES OF DOCUMENTS FROM OUR FILE COVERING YOUR CLAIM.