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B-180115 1 (1974-01-23)

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        r          COMPTROLLER1 GEtiE PAL OF THE UNITED STATES
                              WASKINGTttL D0-Q W4I



       D-180115                        Jt.  t7 23, 1974
                                           )7
                                                                 I
                                                                 I

       Hr. Hilton W, Howard
       1409 Springdale Drivo
       Juckson, Kississippi 39211

       Dear Hr, lowardi

            Further reference is made to your letter of October 9, 1973,
       appealing a denial of your claii for $54.73 by our Transportation
       and Claims Division, You have requested that your claim bet
       considered as a meritorious dlaim under the Meritorious Claims
       Act of 1928, 31 U.eSC, 236,

            The facts pertinent to your claim may be suwnarized as
       followst

            You shipped 12,100 pounds of household goods incident to your
       chance of station from Atlanta, GeorGia, to Jackson, H1i.sssippi,
       as an employee of the Department of Housing and Urban Development
       (RUD),  You were authorized shipmient of 11,000 pounds net weight.
       Vhe applicable regulations, Office of lane;eent and Budget Circular
       Not A-55, provides in section 6.2b(l) that when household poods
       are shipped uncrated, us in this case, the actual weight, Including
       containers and packing m4terials, shall be considered the not-
       weiGht.  Since the actut.l (net) v-eight of your chipncnt, 12,llQ
       pounds, exceeded your allowable net weLght, 11,000 poutids, you
       were charged $54.73 for the excess,

            Your reclaim of the excess charge is based on the fact that
       the provision in Circular Na, A-Sb that the actual weight of uncrated
       goods i to be the net weight of those Goods wac erroneously onaittt'd
       fromln) I andbook 2300.2A, Truvol, You state that you were
       provided the lU!) H1andhook prior to shipment of your goods, that you
       were told that it governed your entitlements# and therefore the
       Goveznmwnt is contractually obligated to its provisions,  Section
       52a(2), DeLecrninin-i net soi;-t, of HUD Handbook 2300,. contains
       directions tor dettainln n e not misht only o( crated goods or
       those pached in special containers, providin   an allowance for
       the weight of the containers,  You state that if an allowance is
       made for the wight of packin& and containers, as is provided for
       crated Cod. or those packed in special conL&Iriers, your thipmont
       would not be in exces of the ll,000 pound limit,



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