B-71209, JAN 31, 1955

B-71209, JAN 31, 1955

PRECIS-UNAVAILABLE

COLONEL HARTWIN A. SCHULZE, USAF:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 2, 1954, REQUESTING REVIEW OF SETTLEMENT DATED AUGUST 9, 1954, DISALLOWING YOUR CLAIM FOR REFUND OF THE AMOUNT PAID BY YOU TO THE GOVERNMENT AS EXCESS COST FOR TRANSPORTATION OF YOUR HOUSEHOLD EFFECTS FROM BELLBLUFF, VIRGINIA, TO SAN ANTONIO, TEXAS.

BY PARAGRAPH 7, SPECIAL ORDERS NO. 165, DEPARTMENT OF THE AIR FORCE, DATED AUGUST 24, 1949, WHILE SERVING AS A LIEUTENANT COLONEL, YOU WERE RELEASED FROM ASSIGNMENT AT FORT BENJAMIN HARRISON, INDIANA, AND FROM DUTY STATION AT WASHINGTON, D. C., AND ASSIGNED TO DUTY AT RANDOLPH AIR FORCE BASE, TEXAS, FOR THE PURPOSE OF PURSUING A COURSE OF INSTRUCTION, SUCH ORDERS DIRECTING A PERMANENT CHANGE OF STATION. IT APPEARS THAT UPON YOUR APPLICATION ONE LOT OF EFFECTS WEIGHING 3,759 POUNDS WAS SHIPPED FOR YOU BY MOTOR FREIGHT FROM NEW CUMBERLAND, PENNSYLVANIA, TO SAN ANTONIO, TEXAS, ON GOVERNMENT BILL OF LADING NO. WV-4700398, DATED SEPTEMBER 15, 1949, AT A COST OF $209.38, PAID ON VOUCHER NO. 118151, NOVEMBER 1949 ACCOUNTS OF S. E. BIGNELL; THAT A SECOND LOT OF EFFECTS WEIGHING 6,909 POUNDS WAS SHIPPED BY MOTOR FREIGHT FROM BELLBLUFF, VIRGINIA, TO SAN ANTONIO, TEXAS, ON GOVERNMENT BILL OF LADING NO. WV 7784478, DATED SEPTEMBER 30, 1949, AT A COST OF $381.38, PAID ON VOUCHER NO. 136571, DECEMBER 1949 ACCOUNTS OF S. E. BIGNELL; AND THAT A THIRD LOT OF EFFECTS WEIGHING 5,096 POUNDS WAS SHIPPED BY MOTOR FREIGHT FROM BELLBLUFF, VIRGINIA, TO SAN ANTONIO, TEXAS, ON GOVERNMENT BILL OF LADING NO. WV-7785118, DATED OCTOBER 12, 1949, AT A COST OF $281.30, PAID ON VOUCHER NO. 138948, DECEMBER 1949 ACCOUNTS OF S. E. BIGNELL.

THE RECORD SHOWS THAT YOU PAID THE GOVERNMENT $89.77 AS EXCESS COST FOR TRANSPORTATION OF YOUR EFFECTS. YOUR CLAIM FOR REFUND OF THE AMOUNT SO PAID WAS DISALLOWED BY SETTLEMENT DATED AUGUST 9, 1954. IN YOUR REQUEST FOR REVIEW YOU SAY THAT THE WEIGHT OF PACKING MATERIAL WAS EXCESSIVE AND YOU URGE THAT NO EXCESS COST IS PROPERLY CHARGEABLE TO YOU.

OBVIOUSLY, IT WOULD BE IMPRACTICAL TO WEIGH BEFORE PACKING AT ORIGIN OR AFTER UNPACKING AT DESTINATION EACH OF THE MANY SHIPMENTS OF EFFECTS MADE FOR SERVICE PERSONNEL AND TO COMPUTE EXCESS COST ON THE BASIS OF THE ACTUAL NET WEIGHT SO ASCERTAINED. THEREFORE, REGULATIONS GOVERNING TRANSPORTATION OF HOUSEHOLD EFFECTS AT THE TIME YOUR EFFECTS WERE SHIPPED, ISSUED PURSUANT TO STATUTORY AUTHORITY AND PUBLISHED IN EXECUTIVE ORDER NO. 10053, DATED APRIL 20, 1949, PROVIDED WITH RESPECT TO THE MAXIMUM WEIGHT ALLOWANCES AUTHORIZED FOR THE SEVERAL RANKS AND GRADES OF MILITARY PERSONNEL, THAT WHEN ANY PORTION OF A MOVEMENT WAS MADE BY WATER THE PRESCRIBED ALLOWANCE WOULD BE INCREASED 40 PERCENT TO COVER THE WEIGHT OF MATERIALS USED IN PACKING FOR WATER SHIPMENT; THAT WHEN SHIPMENT WAS BY RAIL OR MOTOR FREIGHT THE PRESCRIBED ALLOWANCE WOULD BE INCREASED BY 25 PERCENT; AND THAT WHEN SHIPMENT WAS FORWARDED BY COMMERCIAL VAN, SUCH ALLOWANCE WOULD BE INCREASED BY 5 PERCENT. THE PERCENTAGE INCREASE OVER NET WEIGHT WAS INTENDED GENERALLY TO EQUALIZE THE QUANTITY OF EFFECTS WHICH MIGHT BE SHIPPED BY VARIOUS MEMBERS USING THE SEVERAL MODES OF TRANSPORTATION. WHILE THE ACTUAL WEIGHT OF PACKING MATERIALS NECESSARY TO INSURE SAFE SHIPMENT MIGHT EXCEED THE PERCENTAGE OF ADDITIONAL WEIGHT SO AUTHORIZED, THIS OFFICE IS NOT IN A POSITION TO DETERMINE THAT WITH RESPECT TO A PARTICULAR SHIPMENT EXCESS WEIGHT OF THE SHIPMENT RESULTED FROM THE MANNER IN WHICH THE EFFECTS WERE PACKED.

UNDER THE REGULATIONS YOUR AUTHORIZED NET WEIGHT ALLOWANCE WAS 10,000 POUNDS, AND SINCE NO WATER SHIPMENT WAS INVOLVED, AN INCREASE OF ONLY 25 PERCENT FOR PACKING IS AUTHORIZED. THE TOTAL NET WEIGHT OF THE FIRST TWO SHIPMENTS, EXCLUSIVE OF PROFESSIONAL BOOKS, AS DETERMINED UNDER THE REGULATIONS, WAS 7,809 POUNDS. THE BALANCE OF YOUR AUTHORIZED NET WEIGHT ALLOWANCE OF 10,000 POUNDS WAS 2,191 POUNDS. THE NET WEIGHT OF THE THIRD SHIPMENT AS DETERMINED UNDER THE REGULATIONS WAS 4,077 POUNDS. THE COST TO THE GOVERNMENT FOR THE TRANSPORTATION OF THE THIRD SHIPMENT WAS $281.30. THUS, THE PORTION OF THE TRANSPORTATION COST OF THE THIRD SHIPMENT CHARGEABLE TO THE GOVERNMENT WAS 2191 DIVIDED BY 4077 TIMES $281.30, OR $151.17, LEAVING EXCESS TRANSPORTATION COST OF $130.13, CHARGEABLE TO YOU. THEREFORE, YOU ARE INDEBTED TO THE UNITED STATES BY REASON OF SUCH TRANSPORTATION COST IN THE AMOUNT OF $130.13, LESS THE AMOUNT OF $89.77 PREVIOUSLY PAID BY YOU, OR $40.36. SUCH SUM SHOULD BE REMITTED TO THIS OFFICE BY CHECK, DRAFT, OR MONEY ORDER PAYABLE TO THE TREASURER OF THE UNITED STATES.