______________________________ January 29, 1998 ______________________________ GSBCA 14353-RATE In the Matter of TRI-STATE MOTOR TRANSIT CO. Robert D. Norcom, Auditor, Tri-State Motor Transit Co., Joplin, MO, appearing for Claimant. Jeffrey J. Thurston, Director, Office of Transportation Audits, General Services Administration, Washington, DC, appearing for General Services Administration. Col. James F. Quinn, Staff Judge Advocate, Headquarters, Military Traffic Management Command, Department of the Army, Falls Church, VA, appearing for Department of Defense. DeGRAFF, Board Judge. There are nineteen government bills of lading (GBLs) involved in this claim, all of which were issued to Tri-State Motor Transit Co. (Tri-State) in 1993. We dismiss the part of the claim that relates to one of the GBLs because it is premature. As for the remaining eighteen GBLs, according to Military Freight Traffic Rules Publication 1A (MFTRP 1A) in effect when the shipments were made, Tri-State is entitled to collect excess value charges because the declared values of the shipments exceeded the default released values applicable to the shipments. GSA's Office of Transportation Audits (OTA) has not taken any action upon one of the GBLs (D-1,121,885) that Tri-State included in its claim. Because we are only authorized to review actions of OTA, and because OTA has not yet taken any action concerning this GBL, we dismiss as premature the portion of Tri- State's claim that concerns GBL D-1,121,885. Tri-State Motor Transit Co., GSBCA 14352-RATE (Jan. 6, 1998). The remaining eighteen GBLs are numbered G-2,538,168; G-2,823,865; D-2,121,856; D-2,121,853; D-2,121,881; D-2,121,886; D-2,121,887; D-2,121,874; D-2,161,993; D-2,121,884; G-2,644,349; G-3,372,155; G-3,372,156; G-3,372,157; G-3,372,158; G-3,372,159; G-0,856,853; and G-0,856,855. Under each of these GBLs, Tri- State transported a vehicle for the Department of Defense. On the face of each GBL, the shipper declared a released value of not to exceed $2.50 per pound. Tri-State claims that it is due an excess value charge for these shipments, because the declared value of each shipment ($2.50 per pound multiplied by the weight of the vehicle shipped) exceeded the $20,000 default released value set out in MFTRP 1A. OTA denied the claim and Tri-State asks for our review of OTA's decision. As OTA recognizes, the General Accounting Office and this Board have considered released value claims similar to the one presented here and have resolved those claims in favor of the carriers. Tri-State Motor Transit Co., GSBCA 14352-RATE (Jan. 6, 1998); Tri-State Motor Transit Co., GSBCA 14245-RATE (Nov. 26, 1997); Tri-State Motor Transit Co., GSBCA 13735-RATE (Nov. 18, 1997); Tri-State Motor Transit Co., GSBCA 14251-RATE (Nov. 13, 1997); Tri-State Motor Transit Co., GSBCA 14243-RATE (Nov. 4, 1997); McGil Specialized Carriers, GSBCA 14127-RATE, 97-2 BCA 29,295; Tri-State Motor Transit Co., GSBCA 13839-RATE, 97-1 BCA 28,953; Tri-State Motor Transit Co., B-254378, et al. (Feb. 16, 1994), aff'd on reconsideration (July 5, 1995). As we explained in our decisions, MFTRP 1A provides that a carrier is entitled to collect an excess value charge if a shipper declares a value in excess of the default released value of $20,000 per vehicle. We concluded that when a shipper states on a GBL that a shipment has a value not exceeding $2.50 per pound, the shipper has declared a value equal to $2.50 per pound multiplied by the weight of the shipment. OTA says that it denied the present claim because the decisions cited above are restricted by a limited presentation of facts relative to each case, and consequently, have limited application. We agree with OTA that each claim presents a unique set of facts. Factual differences between one claim and another are legally significant, however, only if those differences lead to two different results when we apply the same legal principles to the two claims. OTA does not suggest that there is any legally significant difference between the facts presented in this claim and the facts presented in the released value claims that we and GAO considered previously. OTA has not given us any reason to reach a result in this claim that is different from the results we reached in prior claims. The Military Traffic Management Command (MTMC) asserts that Tri-State s claim should be denied because the amount of each claim is, in MTMC s view, de minimis. We are not aware of any statute, regulation, or other rule of law that permits us to deny a claim based upon its amount. Tri-State Motor Transit Co., GSBCA 14352-RATE (Jan. 6, 1998). MTMC notes that the vehicle weight stated on two GBLs (D-1,121,884 and D-1,121,886) is 41,800 pounds per vehicle. The Ordnance Materiel Handbook issued by the Department of the Army states that a vehicle of the type shipped under these two GBLs weighs only 38,800 pounds. Based upon this difference, MTMC concludes that the vehicles shipped weighed only 38,800 pounds. We do not agree with MTMC s conclusion because there could be differences between the typical vehicle described in the handbook and the vehicles actually shipped under the GBLs. For example, if the weight stated in the handbook is for an unloaded vehicle, perhaps the vehicles shipped were partially loaded. Also, if the weight stated in the handbook is for a vehicle with a dry fuel tank, perhaps the vehicles shipped contained fuel in their tanks. Although there is a difference between the weight listed on the GBLs and the weight listed in the handbook, the GBLs describe the actual vehicles being shipped. The GBLs, therefore, and not the handbook, provide the better basis for determining the weight of the vehicles shipped. Finally, MTMC states that we cannot resolve this claim without examining the tenders applicable to each GBL. We disagree. MFTRP 1A provides that the $20,000 default released value applicable to vehicles takes precedence over all released values inserted by carriers in their tenders. We agree with Tri- State that the released values stated in its tenders are irrelevant to resolving this claim. Tri-State s claim is granted as to eighteen GBLs and dismissed as to one GBL, as explained above. _______________________________ MARTHA H. DeGRAFF Board Judge