A-87092, AUGUST 9, 1937, 17 COMP. GEN. 116

A-87092, AUGUST 9, 1937, 17 COMP. GEN. 116

TRANSPORTATION - HOUSEHOLD EFFECTS - NAVY OFFICER ON CHANGE OF STATION - CONSTRUCTIVE WEIGHT COMPUTATIONS ON SHIPMENTS BY MOTOR VAN NAVY REGULATIONS PROVIDING FOR THE SHIPMENT OF AUTHORIZED CHANGE OF STATION ALLOWANCES CLEARLY INDICATE PACKING AND CRATING OF ALL EFFECTS IN A MANNER SUITABLE FOR ORDINARY FREIGHT SHIPMENTS, AND SHIPMENTS BY MOTOR VAN, ALTHOUGH ENTIRELY OR PARTIALLY UNPACKED, MAY NOT EXCEED COST OF SHIPMENT BY ORDINARY FREIGHT LINES OF THAT WEIGHT WHICH WOULD BE PROPER FOR A SIMILAR QUANTITY ,AFTER BEING PACKED," TAKING INTO CONSIDERATION CHARGES FOR PACKING, CRATING, DRAYING, AND FREIGHT CHARGES, AND IN THE ABSENCE OF OTHER INFORMATION AS TO ACTUAL TARE, A 25 PERCENT INCREASE, FOUND TO BE AN EQUITABLE ALLOWANCE FOR SUCH PURPOSE, WILL BE APPLIED IN DETERMINING THE GROSS WEIGHT. WHERE THE COST OF SHIPMENT BY MOTOR VAN OF A NAVY OFFICER'S EFFECTS ON CHANGE OF STATION IS LESS THAN BY ORDINARY FREIGHT, THE GOVERNMENT AS WELL AS THE OFFICER IS ENTITLED TO SHARE IN THE SAVINGS EFFECTED, AND ANY EXCESS SHIPMENT OVER CHANGE OF STATION ALLOWANCE IS FOR COMPUTATION ON THE BASIS OF PRO RATA COST OF SUCH AMOUNT, APPLYING THE "GROSS WEIGHT" OF ARTICLES WHICH WERE SHIPPED UNPACKED, DETERMINED BY INCREASING THE ACTUAL WEIGHT BY 25 PERCENT.

DECISION BY ACTING COMPTROLLER GENERAL ELLIOTT, AUGUST 9, 1937:

THERE IS FOR CONSIDERATION THE QUESTION OF THE AMOUNT PROPERLY FOR COLLECTION FROM COMMANDER ROY DUDLEY, UNITED STATES NAVY, AS EXCESS COST OF TRANSPORTATION OF HIS HOUSEHOLD EFFECTS ON GOVERNMENT BILL OF LADING NO. N-129458, JUNE 15, 1936, FROM ANNAPOLIS, MD., TO NEWPORT, R.I.

IT APPEARS THERE WAS SHIPPED BY MOTOR VAN FOR COMMANDER DUDLEY ON GOVERNMENT BILL OF LADING 8,738 POUNDS, CONSISTING OF 150 POUNDS OF PROFESSIONAL BOOKS, NOT SHOWN TO HAVE BEEN BOXED, AND 8,588 POUNDS OF HOUSEHOLD GOODS, NONE OF WHICH WERE SHOWN TO HAVE BEEN PACKED. IT IS STATED THAT CERTAIN ITEMS OF THESE EFFECTS, SUCH AS CHINA AND GLASSWARE, WERE PACKED AS FOR ORDINARY FREIGHT SHIPMENT, BUT EVIDENCE AS TO THE ACTUAL WEIGHT OF SUCH PACKAGES HAS NOT BEEN SUBMITTED. IT IS CONTENDED THAT ALL HOUSEHOLD EFFECTS WERE PACKED TO THE EXTENT NECESSARY TO INSURE SAFETY IN TRANSIT AND THE GROSS WEIGHT SO SHIPPED IS ALL THAT IS CHARGED AGAINST THE WEIGHT ALLOWANCE.

PARAGRAPH 6 OF THE INSTRUCTIONS CONTAINED IN ARTICLE 1870, BUREAU OF SUPPLIES AND ACCOUNTS MANUAL, PROVIDES:

THE HOUSEHOLD EFFECTS THAT MAY BE TRANSPORTED AT PUBLIC EXPENSE UPON CHANGE OF STATION WILL NOT EXCEED, WHEN PACKED AND CRATED, THE FOLLOWING GROSS WEIGHTS:

FOR A COMMANDER ON PERMANENT CHANGE OF STATION 10,000 POUNDS IS AUTHORIZED TO BE SHIPPED. PARAGRAPH 9 OF SUCH ARTICLE COVERS PACKING AND CRATING, AND PARAGRAPHS 10 AND 11 COVER THE SHIPMENT OF HOUSEHOLD GOODS. PARAGRAPH 11 (4) IS AS FOLLOWS:

IF HOUSEHOLD EFFECTS ARE SHIPPED BY MOVING VAN, THE EXCESS COST WILL BE THE DIFFERENCE BETWEEN WHAT IT WOULD COST THE GOVERNMENT TO PACK, CRATE, AND DRAY (AT POINT OF SHIPMENT), AND TO SHIP THE SAME HOUSEHOLD EFFECTS (WITHIN AUTHORIZED ALLOWANCE AND ENTITLED DISTANCE) VIA ORDINARY FREIGHT LINES TO DEPOT OF CARRIER AT DESTINATION, AND WHAT IT WOULD COST TO TRANSPORT BY MOVING VAN FROM PLACE RESIDENCE OR STORAGE OF EFFECTS AT POINT OF SHIPMENT TO PLACE OF RESIDENCE OR STORAGE AT DESTINATION. WHERE THE SUPPLY OFFICER IS NOT REQUIRED TO PACK, CRATE, OR DRAY THE EFFECTS INCIDENT TO SHIPMENT BY VAN, THE VALUE OF THESE SERVICES THAT MAY BE ALLOWED IN DETERMINING THE DIFFERENCE OF COST SHALL BE:

(A) FOR PACKING AND CRATING AT SUCH AVERAGE RATE AS THE SUPPLY OFFICER CONCERNED MAY DETERMINE FROM HIS RECORDS.

(B) FOR DRAYING, SUCH AVERAGE RATE PER HUNDREDWEIGHT AS THE SUPPLY OFFICER'S RECORDS OF DRAYING HOUSEHOLD EFFECTS AT THE STATION CONCERNED MAY SHOW TO BE A PROPER AVERAGE RATE, BUT IN NO CASE EXCEEDING WHAT WOULD BE CHARGED COMMERCIALLY BY RESPONSIBLE LOCAL MOVING CONCERNS IF ENGAGED TO MOVE THE SHIPMENT FROM PLACE OF RESIDENCE OR STORAGE TO DEPOT OF FREIGHT CARRIER AT POINT OF SHIPMENT.

(C) FOR TRANSPORTATION, THE COST OF SHIPMENT VIA ORDINARY FREIGHT LINES OF THAT WEIGHT OF HOUSEHOLD EFFECTS AS THE SUPPLY OFFICER'S RECORDS MAY SHOW TO BE A PROPER WEIGHT FOR A SIMILAR QUANTITY OF HOUSEHOLD EFFECTS AFTER BEING PACKED.

THESE REGULATIONS PROVIDE FOR THE SHIPMENT OF THE AUTHORIZED CHANGE OF STATION ALLOWANCE OF NOT TO EXCEED 10,000 POUNDS "GROSS WEIGHTS," I.E., "WHEN PACKED AND CRATED.' THE REGULATIONS CLEARLY INDICATE PACKING AND CRATING OF ALL OF THE EFFECTS IN A MANNER SUITABLE FOR ORDINARY FREIGHT SHIPMENTS, AND, IF SHIPMENT IS BY MOTOR VAN THE COST MAY NOT EXCEED THE COST OF SHIPMENT BY ORDINARY FREIGHT LINES OF THAT WEIGHT OF HOUSEHOLD EFFECTS WHICH WOULD BE A PROPER WEIGHT FOR A SIMILAR QUANTITY OF HOUSEHOLD EFFECTS "AFTER BEING PACKED," TAKING INTO CONSIDERATION CHARGES FOR PACKING, CRATING, DRAYING, AND FREIGHT CHARGES. PACKING AND CRATING IS ESSENTIAL FOR SHIPMENT BY FREIGHT AND THE WEIGHT OF THE PACKING MATERIAL IS NECESSARILY INCLUDED IN THE "GROSS WEIGHT" OF SUCH SHIPMENT, AND IN THE COMPUTATION OF COSTS FOR PACKING, CRATING, AND DRAYAGE. A 25 PERCENT INCREASE TO COVER TARE IN DETERMINING THE "GROSS WEIGHT" HAS BEEN FOUND TO BE AN EQUITABLE ALLOWANCE FOR SUCH PURPOSE, AND IN THE ABSENCE OF OTHER INFORMATION AS TO THE ACTUAL TARE, IT WILL BE APPLIED IN THE COMPUTATION OF THIS AND SIMILAR CASES.

THE ACT OF MAY 18, 1920, 41 STAT. 604, PROVIDES THAT THE PERSONNEL OF THE NAVY SHALL HAVE THE BENEFIT OF EXISTING LAWS APPLYING TO THE ARMY FOR THE TRANSPORTATION OF HOUSEHOLD EFFECTS, AND CONSIDERING THE PURPOSE OF THE JOINT PAY ACT OF JUNE 10, 1922, 42 STAT. 625, TO PLACE THE OFFICERS OF THE SIX SERVICES ON A PARITY AS TO PAY AND ALLOWANCES, THE NAVY REGULATIONS WERE APPARENTLY INTENDED TO PROVIDE A TRANSPORTATION ALLOWANCE FOR NAVY OFFICERS AS NEARLY UNIFORM WITH THAT OF THE ARMY AS IS POSSIBLE UNDER THE DIFFERENT CONDITIONS OF THE SERVICES. THE AUTHORIZED CHANGE OF STATION WEIGHT ALLOWANCE FOR A LIEUTENANT COLONEL IN THE ARMY, THE RANK CORRESPONDING WITH THAT OF COMMANDER IN THE NAVY, IS 9,500 POUNDS. SEE ARMY REGULATIONS 30-960, PARAGRAPH 10. WHILE THE PROVISIONS OF ARMY REGULATIONS ARE NOT APPLICABLE IN COMPUTING THE TARE IN CONNECTION WITH SHIPMENTS BY MOTOR VAN OF THE HOUSEHOLD EFFECTS OF NAVY OFFICERS, IT MAY BE STATED THAT THE QUESTION OF TARE IN DETERMINING THE GROSS WEIGHT OF A SHIPMENT UNDER ARMY REGULATIONS, NECESSARILY AROSE BECAUSE OF TWO OR MORE SHIPMENTS ON THE SAME CHANGE OF STATION, ONE OF WHICH WAS BY MOTOR VAN, WHEREIN IT WAS OBVIOUS THAT WHERE COMPUTATION OF VAN SHIPMENT WAS ON BASIS OF PACKING, HAULING, AND FREIGHT, TO DETERMINE MAXIMUM AUTHORIZED EXPENDITURE, IT MUST BE SO STATED IN DETERMINING THE WEIGHT AVAILABLE FOR ADDITIONAL FREIGHT SHIPMENT.

THERE HAS NOT BEEN SUBMITTED THE DETERMINATION OF THE SUPPLY OFFICER,SHOWING THE VALUE OF THE SERVICES OF PACKING, CRATING, AND DRAYING, FOR FREIGHT SHIPMENT OF THIS OFFICER'S EFFECTS, BUT, ASSUMING THAT THE COST OF SHIPMENT BY MOTOR VAN WAS LESS THAN BY ORDINARY FREIGHT, THE GOVERNMENT AS WELL AS THE OFFICER IS ENTITLED TO SHARE IN THE SAVINGS DUE TO SUCH MODE OF TRANSPORTATION, AND THE EXCESS IS FOR COMPUTATION ON THE BASIS OF THE PRO-RATA COST OF SUCH AMOUNT, APPLYING THE ,GROSS WEIGHT" OF ARTICLES WHICH WERE SHIPPED UNPACKED, DETERMINED BY INCREASING SUCH ACTUAL WEIGHT BY 25 PERCENT AS HEREIN INDICATED. ON THE SHOWING MADE INDICATING THAT ALL THE EFFECTS WERE TRANSPORTED UNPACKED, THE COMPUTATION IS AS FOLLOWS:

CHART

POUNDS

8,739 POUNDS, INCREASED BY 25 PERCENT TO DETERMINE

THE CONSTRUCTIVE GROSS WEIGHT ------------------------ 10,922

LESS 150 POUNDS OF PROFESSIONAL BOOKS, INCREASED BY

25 PERCENT ------------------------------------------- 187

10,735

LESS AUTHORIZED GROSS WEIGHT -------------------------- 10,000

EXCESS ----------------------------------------------- 735 735/10922 OF $237.70 IS $16.27

IF CERTAIN OF THESE ARTICLES WERE PACKED FOR SHIPMENT AS STATED, EVIDENCE SHOWING THE WEIGHT OF SUCH PACKAGES MAY BE SUBMITTED. THE 25 PERCENT TARE WILL NOT BE ADDED TO THE WEIGHT ACTUALLY PACKED.