B-119523, NOV 8, 1954

B-119523: Nov 8, 1954

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JULIAN: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 15. YOU WERE TRANSFERRED AS A MAJOR FROM DUTY AT WATERTOWN ARSENAL. 109 POUNDS WAS SHIPPED FOR YOU BY EXPRESS FROM WATERTOWN. 572 POUNDS WAS SHIPPED BY RAIL FROM BOSTON. 268 POUNDS WAS SHIPPED BY VAN FROM WALTHAM. YOUR CLAIM FOR REFUND OF THE AMOUNT SO PAID WAS DISALLOWED BY SETTLEMENT DATED JANUARY 27. WHICH WAS LESS THAN YOUR AUTHORIZED WEIGHT ALLOWANCE. ON SUCH BASIS YOU URGE THAT NO EXCESS COST IS PROPERLY CHARGEABLE TO YOU. THERE HAVE BEEN ESTABLISHED IN THE JOINT TRAVEL REGULATIONS TWO METHODS OF PACKING AND SHIPMENT WITH PROVISION FOR THE COMPUTATION OF EXCESS COST FOR EXCESS WEIGHT SHIPPED UNDER EITHER METHOD. PARAGRAPH 0001 -1 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT WHEN ANY PORTION OF THE MOVEMENT OF EFFECTS IS MADE BY WATER THE AUTHORIZED ALLOWANCE IS INCREASED BY 40 PERCENT TO COVER THE WEIGHT OF THE MATERIALS USED IN PACKING FOR WATER SHIPMENT.

B-119523, NOV 8, 1954

PRECIS-UNAVAILABLE

LIEUTENANT COLONEL LEONARD J. JULIAN:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 15, 1954, REQUESTING REVIEW OF SETTLEMENT DATED JANUARY 27, 1954, WHICH DISALLOWED YOUR CLAIM FOR $145.71, REPRESENTING THE AMOUNT REFUNDED BY YOU TO THE GOVERNMENT AS EXCESS COSTS OF PACKING AND TRANSPORTATION OF YOUR HOUSEHOLD EFFECTS INCIDENT TO ORDERS ASSIGNING YOU TO DUTY IN GERMANY.

IT APPEARS THAT BY ORDERS DATED DECEMBER 12, 1950, YOU WERE TRANSFERRED AS A MAJOR FROM DUTY AT WATERTOWN ARSENAL, WATERTOWN, MASSACHUSETTS, TO DUTY IN GERMANY; THAT UPON YOUR APPLICATION, ONE LOT OF EFFECTS WEIGHING 1,109 POUNDS WAS SHIPPED FOR YOU BY EXPRESS FROM WATERTOWN, MASSACHUSETTS, TO THE NEW YORK PORT OF EMBARKATION FOR FURTHER MOVEMENT OVERSEAS, ON GOVERNMENT BILL OF LADING NO. WW-5736287, DATED MARCH 6, 1951, AT A COST OF $42.36, PAID ON VOUCHER NO. 269918, MAY 1951 ACCOUNTS OF S.E. BIGNELL; THAT A SECOND LOT OF EFFECTS WEIGHING 6,572 POUNDS WAS SHIPPED BY RAIL FROM BOSTON, MASSACHUSETTS, TO THE NEW YORK PORT OF EMBARKATION FOR FURTHER MOVEMENT OVERSEAS, ON GOVERNMENT BILL OF LADING NO. WW-8667161, DATED MARCH 30, 1951, AT A COST OF $116.98, PAID ON VOUCHER NO. 26768, JULY 1951 ACCOUNTS OF S.E. BIGNELL; AND THAT A THIRD LOT OF EFFECTS WEIGHING 11,268 POUNDS WAS SHIPPED BY VAN FROM WALTHAM, MASSACHUSETTS, TO THE CHARLOTTE QUARTERMASTER DEPOT, CHARLOTTE, NORTH CAROLINA, FOR PERMANENT STORAGE, ON GOVERNMENT BILL OF LADING NO. WW-8667288, DATED APRIL 27, 1951, AT A COST OF $267.60, PAID ON VOUCHER NO. 30769, OCTOBER 1951 ACCOUNTS OF S.E. BIGNELL.

THE RECORD SHOWS THAT YOU PAID TO THE GOVERNMENT $75.11 AS EXCESS COST FOR PACKING AND $70.60 AS EXCESS COST FOR TRANSPORTATION, OR A TOTAL OF $145.11. YOUR CLAIM FOR REFUND OF THE AMOUNT SO PAID WAS DISALLOWED BY SETTLEMENT DATED JANUARY 27, 1954. IN YOUR REQUEST FOR REVIEW YOU POINT OUT THAT THE EFFECTS, EXCLUDING THE FIRST SHIPMENT, WHEN WEIGHED BEFORE BEING PACKED AT WATERTOWN, MASSACHUSETTS, WEIGHED ONLY 8,940 POUNDS, WHICH WAS LESS THAN YOUR AUTHORIZED WEIGHT ALLOWANCE. ON SUCH BASIS 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, PURSUANT TO STATUTORY AUTHORITY, THERE HAVE BEEN ESTABLISHED IN THE JOINT TRAVEL REGULATIONS TWO METHODS OF PACKING AND SHIPMENT WITH PROVISION FOR THE COMPUTATION OF EXCESS COST FOR EXCESS WEIGHT SHIPPED UNDER EITHER METHOD. PARAGRAPH 0001 -1 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT WHEN ANY PORTION OF THE MOVEMENT OF EFFECTS IS MADE BY WATER THE AUTHORIZED ALLOWANCE IS INCREASED BY 40 PERCENT TO COVER THE WEIGHT OF THE MATERIALS USED IN PACKING FOR WATER SHIPMENT; THAT WHEN SHIPMENT IS MADE BY RAIL THE ALLOWANCE IS INCREASED BY 25 PERCENT; AND THAT WHEN SHIPMENT IS FORWARDED BY COMMERCIAL VAN SUCH ALLOWANCE IS INCREASED BY 5 PERCENT. THE PERCENTAGE INCREASE OVER NET WEIGHT IS INTENDED GENERALLY TO EQUALIZE THE QUANTITY OF EFFECTS WHICH MAY BE SHIPPED BY VARIOUS MEMBERS USING THE SEVERAL MODES OF TRANSPORTATION, THAT IS, WATER, RAIL, OR VAN, AND THE ACTUAL WEIGHT OF PACKING MATERIALS NECESSARY TO INSURE SAFE SHIPMENT MAY EXCEED, AND FREQUENTLY DOES EXCEED, THE PERCENTAGE OF ADDITIONAL WEIGHT SO AUTHORIZED. PARAGRAPH 8001-2 OF THE SAME REGULATIONS PROVIDES THAT WHEN THE SERVICE CONCERNED PRESCRIBES OR APPROVES, AS WAS DONE IN YOUR CASE, THE PACKING OF HOUSEHOLD GOODS IN HOUSEHOLD GOODS SHIPPING BOXES, THE NET WEIGHT OF EFFECTS SHIPPED IS DETERMINED BY DEDUCTING THE STENCILED WEIGHT OF THE BOX FROM THE ACTUAL PACKED WEIGHT AND FURTHER REDUCING THE RESULT BY 15 PERCENT AS AN ALLOWANCE FOR WEIGHT OF PACKING MATERIALS WITHIN THE BOX.

THE FIRST LOT OF EFFECTS HERE INVOLVED WAS SHIPPED BY EXPRESS AND NO PACKING EXPENSE WAS INVOLVED. THE NET WEIGHT OF EFFECTS PACKED FOR THE SECOND SHIPMENT AS DETERMINED UNDER THE REGULATIONS WAS 3,853 POUNDS. THE BALANCE OF YOUR AUTHORIZED NET WEIGHT ALLOWANCE OF 9,500 POUNDS FOR PACKING WAS 5,647 POUNDS. THE TOTAL NET WEIGHT OF THE FIRST TWO SHIPMENTS AS DETERMINED UNDER THE REGULATIONS WAS 4,645 POUNDS. THE BALANCE OF YOUR AUTHORIZED NET WEIGHT ALLOWANCE OF 9,500 POUNDS FOR TRANSPORTATION WAS 4,855 POUNDS. THE NET WEIGHT OF THE THIRD SHIPMENT AS DETERMINED UNDER PARAGRAPH 8001-2 OF THE REGULATIONS WAS 6,464 POUNDS. THE COST TO THE GOVERNMENT FOR PACKING AND TRANSPORTATION OF THE THIRD SHIPMENT WAS $788.76 FOR PACKING AND $267.60 FOR TRANSPORTATION, OR $1,056.36. THUS, THE PORTION OF THE PACKING COST OF THE THIRD SHIPMENT CHARGEABLE TO THE GOVERNMENT WAS 5,647 DIVIDED BY 6464 TIMES $788.76, OR $689.07, LEAVING EXCESS PACKING COST OF $99.69 CHARGEABLE TO YOU. THE PORTION OF THE TRANSPORTATION COST OF THE THIRD SHIPMENT CHARGEABLE TO THE GOVERNMENT WAS 4,855 DIVIDED BY 6464 TIMES $267.60, OR $200.99, LEAVING EXCESS TRANSPORTATION COST OF $66.61 CHARGEABLE TO YOU. THEREFORE, YOU ARE INDEBTED TO THE UNITED STATES BY REASON OF SUCH EXCESS PACKING AND TRANSPORTATION COST IN THE AMOUNT OF $166.30, LESS THE AMOUNT OF $145.71 PREVIOUSLY REFUNDED BY YOU, OR $20.59. SUCH SUM SHOULD BE REMITTED TO THIS OFFICE BY CHECK, DRAFT, OR MONEY ORDER PAYABLE TO THE TREASURER OF THE UNITED STATES.