B-145901, AUG. 21, 1961

B-145901, AUG. 21, 1961

TO LIEUTENANT COLONEL ROGER W. MANTEUFFEL:

REFERENCE IS MADE TO YOUR REQUEST OF MAY 5, 1961, FOR RECONSIDERATION OF OUR CLAIMS DIVISION LETTER OF APRIL 10, 1961, IN WHICH AGREEMENT WAS EXPRESSED WITH THE VIEWS OF THE TRANSPORTATION DIVISION, FINANCE CENTER, UNITED STATES ARMY, CONCERNING YOUR RESPONSIBILITY FOR PAYMENT OF EXCESS WEIGHT CHARGES FOR MOVEMENT OF YOUR HOUSEHOLD GOODS PURSUANT TO SPECIAL ORDERS NO. A-153, ISSUED ON APRIL 15, 1959, BY HEADQUARTERS, EUROPEAN NORTHERN DISPOSITION TASK FORCE (AMC), UNITED STATES AIR FORCE, APO 123, NEW YORK, NEW YORK.

YOU HAVE REQUESTED THAT AFTER A REVIEW OF THE EVIDENCE SUBMITTED BY YOU, THIS OFFICE RENDER A DECISION GIVING YOU COMPLETE RELEASE FROM THE EXCESS WEIGHT CHARGE WHICH THE TRANSPORTATION DIVISION, FINANCE CENTER, UNITED STATES ARMY, HAS REQUESTED YOU TO PAY. YOU BASE YOUR REQUEST ON THE FACT THAT YOU WERE ABLE TO WEIGH SEVERAL OF YOUR HOUSEHOLD ITEMS AND THAT THE NET WEIGHTS OF THESE ITEMS AS COMPUTED FROM THEIR GROSS SHIPPING WEIGHTS BY THE ARMY TRANSPORTATION DIVISION, IN ACCORDANCE WITH PARAGRAPH 8001 OF THE JOINT TRAVEL REGULATIONS, IS IN EXCESS OF THE ACTUAL WEIGHTS OF SUCH ITEMS, AND YOU HAVE SUBMITTED AFFIDAVITS SUPPORTING YOUR STATEMENT AS TO THEIR WEIGHTS. YOU APPARENTLY FEEL THAT THE TARE WEIGHTS ON THESE ITEMS WERE EXCESSIVE AND THAT IF A PERCENTAGE DIFFERENTIAL BETWEEN THE COMPUTED NET WEIGHT AND THE ACTUAL WEIGHT OF THE ITEMS WERE APPLIED IN REDUCTION OF THE COMPUTED NET WEIGHT OF ALL THE HOUSEHOLD GOODS INVOLVED IN THE SHIPMENTS THE CORRECT CHARGEABLE WEIGHT WOULD BE WITHIN THE 9,500 POUNDS WEIGHT ALLOWANCE AUTHORIZED YOU AS A MAJOR AT THE TIME OF SHIPMENT IN ACCORDANCE WITH PARAGRAPH 8002 OF THE REGULATIONS.

UNDER THE ESTABLISHED DEBT COLLECTION PROCEDURES, IT IS THE RESPONSIBILITY OF EACH AGENCY OF THE GOVERNMENT TO TAKE ALL REASONABLE STEPS TO COLLECT DEBTS ARISING IN THAT AGENCY BEFORE REPORTING THEM HERE AS UNCOLLECTIBLE. 33 COMP. GEN. 667. THE DEPARTMENT OF THE ARMY HAS NOT REFERRED YOUR INDEBTEDNESS HERE FOR COLLECTION AND UNTIL THE DEBT IS REPORTED HERE IT IS A MATTER FOR SETTLEMENT BETWEEN YOU AND THE ARMY DISBURSING OFFICERS CONCERNED.

REGARDING YOUR PRESENT CONTENTIONS, PARAGRAPH 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253, PROVIDES FOR THE TRANSPORTATION (INCLUDING PACKING AND CRATING) OF HOUSEHOLD AFFECTS TO AND FROM SUCH LOCATIONS AND WITHIN SUCH WEIGHT ALLOWANCES AS MAY BE PRESCRIBED BY THE SECRETARIES. BECAUSE OF THE OBVIOUS IMPRACTICABILITY INVOLVED IN WEIGHING EACH OF THE MANY SHIPMENTS OF SERVICE PERSONNEL BEFORE PACKING AT ORIGIN OR AFTER UNPACKING AT DESTINATION FOR THE PURPOSE OF COMPUTING EXCESS COST ON THE BASIS OF THE ACTUAL NET WEIGHTS INVOLVED, THE JOINT TRAVEL REGULATIONS PROVIDE TWO METHODS OF PACKING AND SHIPMENT OF HOUSEHOLD GOODS WITH PROVISION FOR THE COMPUTATION OF EXCESS COST FOR EXCESS WEIGHT SHIPPED UNDER EITHER METHOD. PARAGRAPH 8001-1 OF THE REGULATIONS PROVIDES FOR A 40 PERCENT INCREASE IN THE AUTHORIZED ALLOWANCE WHERE ANY PART OF THE MOVEMENT IS BY WATER, RAIL, OR MOTOR FREIGHT IN A CRATED CONDITION TO COVER THE WEIGHT OF PACKING MATERIALS, AND A FIVE PERCENT INCREASE WHEN THE MOVEMENT IS BY VAN OR FREIGHT FORWARDER IN AN UNPACKED AND UNCRATED CONDITION. PARAGRAPH 8001-2 PROVIDES THAT WHEN THE SERVICE CONCERNED PRESCRIBES OR APPROVES PACKING OF HOUSEHOLD GOODS IN CONTAINERS SUCH AS HOUSEHOLD GOODS SHIPPING BOXES, WITH STENCILED TARE WEIGHT INDICATED, THE WEIGHT SHIPPED BY THE OWNER WILL BE COMPUTED BY DEDUCTING SUCH TARE WEIGHT OF THE BOX FROM THE GROSS WEIGHT WHEN PACKED AND FURTHER REDUCING THE RESULT BY 15 PERCENT AS AN ALLOWANCE FOR WEIGHT OF PACKING MATERIALS WITHIN THE BOX. SUCH REGULATIONS CONTEMPLATE THE SHIPMENT AT GOVERNMENT EXPENSE OF HOUSEHOLD GOODS, AS PACKED FOR SHIPMENT, AT NOT TO EXCEED AN OVERALL WEIGHT ALLOWANCE OF THE NET WEIGHT AUTHORIZED BY VIRTUE OF THE MILITARY RANK OR GRADE OF THE SHIPPER PLUS AUTHORIZED WEIGHT ALLOWANCE INCREASE TO COVER PACKING MATERIALS, AND SUCH OVERALL WEIGHT REPRESENTS THE MAXIMUM WEIGHT THAT MAY BE SHIPPED AT GOVERNMENT EXPENSE IRRESPECTIVE OF WHETHER OR NOT THE ACTUAL NET WEIGHT OF THE GOODS SHIPPED EXCEEDS THE NET WEIGHT ALLOWANCES SET FORTH IN THE REGULATIONS. UNDER PARAGRAPH 8001-3, WEIGHTS EXCEEDING THE MAXIMUM OVERALL WEIGHT SO AUTHORIZED ARE PROPERLY CHARGEABLE AGAINST THE SHIPPER, AND WHEN THE PRESCRIBED WEIGHT ALLOWANCE HAS BEEN EXHAUSTED BY PREVIOUS SHIPMENTS SUBSEQUENT SHIPMENTS ARE TO BE MADE AT THE EXPENSE OF THE SHIPPER.

ACCORDING TO THE RECORD BEFORE US THE GROSS WEIGHT OF YOUR HOLD BAGGAGE WAS 911 POUNDS WHICH, ALLOWING 40 PERCENT FOR PACKING,REPRESENTED AN UNPACKED NET WEIGHT OF 651 POUNDS. THE OTHER SHIPMENTS INVOLVED APPEAR TO HAVE BEEN MADE IN SHIPPING BOXES THE WEIGHTS OF WHICH ARE FOR COMPUTATION UNDER PARAGRAPH 8001-2 ON THE BASIS OF THE DIFFERENCE BETWEEN THE GROSS WEIGHT AND THE TARE WEIGHT OF THE CONTAINERS, LESS 15 PERCENT TO COVER PACKING MATERIALS WITHIN THE BOXES. COMPUTATION OF THE WEIGHTS IN THOSE SHIPMENTS, THEREFORE, WOULD NOT INVOLVE AN INITIAL 40 PERCENT PACKING ALLOWANCE AS YOU APPARENTLY BELIEVE, AND THE NET WEIGHTS QUESTIONED BY YOU REPRESENTED THE NET WEIGHTS OF THE GOODS PLUS NECESSARY PACKING MATERIALS WITHIN THE BOXES RATHER THAN THE ACTUAL UNPACKED WEIGHTS OF THE GOODS SHIPPED.

YOUR INDEBTEDNESS WAS COMPUTED ON THE BASIS THAT YOUR FIRST SHIPMENT, REPRESENTING AN UNPACKED NET WEIGHT OF 651 POUNDS, AND THE SECOND SHIPMENT, 7,827 POUNDS (DIFFERENCE BETWEEN 13,188 GROSS POUNDS AND 3,980 POUNDS AS TARE WEIGHT OF SHIPPING BOXES, REDUCED BY 15 PERCENT FOR PACKING MATERIALS) TOTALED 8,478 POUNDS, LEAVING A BALANCE OF 1,022 POUNDS IN YOUR WEIGHT ALLOWANCE OF 9,500 POUNDS, AND THAT YOU CONSEQUENTLY WERE ENTITLED TO CREDIT ON THE THIRD SHIPMENT, INVOLVING AN UNPACKED NET WEIGHT OF 1,999 POUNDS (3,976 POUNDS GROSS LESS 1,624 POUNDS TARE, LESS 15 PERCENT FOR PADDING MATERIALS) OF 1,022/1,999 OF $181.70, THE ACTUAL COST OF THE SHIPMENT, OR $92.90, LEAVING A BALANCE OF $88.80 OF EXCESS COSTS CHARGEABLE TO YOU. ALSO, SINCE YOUR AUTHORIZED WEIGHT ALLOWANCE WAS EXHAUSTED ON THOSE SHIPMENTS, YOU WERE CHARGEABLE WITH THE ENTIRE SHIPPING COST OF THE FOURTH SHIPMENT, $172.33, MAKING A TOTAL INDEBTEDNESS TO THE UNITED STATES OF $261.13.

ACCORDINGLY, ON THE BASIS OF THE INFORMATION BEFORE US THE ACTION TAKEN BY THE ARMY TRANSPORTATION DIVISION IN REQUESTING THAT YOU REFUND THE EXCESS TRANSPORTATION COSTS APPEARS TO BE PROPER AND REQUIRED UNDER THE LAW AND REGULATIONS. HOWEVER, IF FOR SOME REASON NOT CURRENTLY OF RECORD YOU DISAGREE WITH THE FOREGOING STATEMENTS AS APPLIED TO YOUR CASE AND PAYMENT IS MADE UNDER PROTEST OR COLLECTION IS OTHERWISE EFFECTED WHICH IS BELIEVED TO BE IMPROPER, A CLAIM MAY BE FILED HERE FOR THE AMOUNT INVOLVED AND IT WILL BE GIVEN PROMPT ATTENTION.