B-119579, AUG 30, 1954

B-119579, AUG 30, 1954

PRECIS-UNAVAILABLE

PETER LEO, MASTER SERGEANT, USAF:

THERE HAS BEEN CONSIDERED YOUR LETTER OF MARCH 4, 1954, REQUESTING REVIEW OF SETTLEMENT DATED FEBRUARY 23, 1954, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF $142.34 COLLECTED FROM YOU AS EXCESS COSTS INCURRED IN THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS FROM THE MACDILL AIR FORCE BASE, FLORIDA, TO THE RAMEY AIR FORCE BASE, PUERTO RICO, UNDER CHANGE OF STATION ORDERS DATED OCTOBER 2, 1952, HEADQUARTERS 6TH AIR DIVISION, MACDILL AIR FORCE BASE.

IT APPEARS THAT YOUR HOUSEHOLD EFFECTS WERE SHIPPED IN NINE BOXES, SEVEN OF WHICH WERE APPROVED SPECIAL OVERSEAS CONTAINERS. TO COMPUTE THE PROPER WEIGHT TO BE CHARGED AGAINST YOUR PRESCRIBED NET WEIGHT ALLOWANCE THE GROSS WEIGHT OF THE SAID SEVEN OVERSEAS CONTAINERS, 11,070 POUNDS, WAS REDUCED BY THE ACTUAL TARE WEIGHT OF THE CONTAINERS, 5,220 POUNDS, AND THE RESULTING WEIGHT REDUCED BY 15 PERCENT TO ALLOW FOR WEIGHT OF PACKAGING MATERIALS WITHIN THE CONTAINERS, UNDER THE PROCEDURE PRESCRIBED IN PARAGRAPH 8001-2 OF THE JOINT TRAVEL REGULATIONS, TO GIVE A RESULTING WEIGHT OF 4,973 POUNDS. TO THAT WEIGHT THERE WAS ADDED 666 POUNDS - THE GROSS WEIGHT OF THE TWO BOXES NOT OF THE SPECIAL OVERSEAS TYPE, 933 POUNDS, REDUCED BY 2/7 TO ALLOW FOR THE 40 PERCENT WEIGHT INCREASE AUTHORIZED IN PARAGRAPH 8001-1 OF THE JOINT TRAVEL REGULATIONS FOR OVERSEAS SHIPMENTS - RESULTING IN A TOTAL OF 5,639 POUNDS, AN EXCESS OF 1,139 POUNDS OVER THE 4,500 POUNDS AUTHORIZED FOR YOUR RANK ON PERMANENT CHANGE OF STATION. ON THE BASIS OF A COST TO THE GOVERNMENT OF $704.72 FOR THE SHIPMENT IT WAS DETERMINED THAT THE EXCESS COST INVOLVED PROPERLY CHARGEABLE TO YOU WAS 1139/5639 OF THAT AMOUNT OR $142.34, THE SUM COLLECTED FROM YOU. IT APPEARS TO BE YOUR BELIEF, HOWEVER, THAT AS THERE IS EVIDENCE INDICATING THAT THE ACTUAL NET WEIGHT OF YOUR HOUSEHOLD EFFECTS WAS BELOW THE PRESCRIBED 4,500 POUNDS, NO CHARGE SHOULD BE MADE FOR EXCESS WEIGHT IRRESPECTIVE OF THE COST INCURRED BY THE GOVERNMENT INCIDENT TO THE SHIPMENT.

PARAGRAPH 8001 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT WITH ORDINARY PACKING AND CRATING METHODS HOUSEHOLD GOODS OF MILITARY PERSONNEL, NOT IN EXCESS OF THE WEIGHT LIMITS THEREIN PRESCRIBED, MAY BE SHIPPED AT GOVERNMENT EXPENSE. WEIGHT ALLOWANCES, DESIGNATED AS REPRESENTING ACTUAL NET WEIGHTS AUTHORIZED FOR SHIPMENT, ARE SET FORTH FOR THE VARIOUS RANKS AND GRADES OF MILITARY PERSONNEL, AND PROVISION IS MADE FOR PERCENTAGE INCREASES OF THOSE BASIC WEIGHT ALLOWANCES FOR VARYING TYPES OF SHIPMENTS TO ALLOW FOR ADDITIONAL WEIGHT OCCASIONED BY THE USE OF ORDINARY PACKING AND CRATING METHODS. SUCH REGULATIONS CONTEMPLATE THE SHIPMENT AT GOVERNMENT EXPENSE OF HOUSEHOLD GOODS, AS PACKED FOR SHIPMENT, AT NOT TO EXCEED AN OVERALL WEIGHT ALLOWANCE OF NET WEIGHT PLUS AUTHORIZED WEIGHT ALLOWANCE INCREASE TO COVER PACKING MATERIALS. SUCH OVERALL WEIGHT ALLOWANCE, OF WHICH THE NET WEIGHT OF THE HOUSEHOLD GOODS IS BUT ONE COMPONENT PART, 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. WEIGHTS EXCEEDING THAT MAXIMUM OVERALL WEIGHT ARE PROPERLY CHARGEABLE AGAINST THE SHIPPER.

SINCE THE GROSS WEIGHT OF THE GOODS SHIPPED, REDUCED IN ACCORDANCE WITH THE PROVISIONS OF THE JOINT TRAVEL REGULATIONS TO REFLECT A WEIGHT ALLOWANCE FOR PACKING AND CRATING, SHOWED THAT THE AUTHORIZED NET WEIGHT OF 4,500 POUNDS HAD BEEN EXCEEDED BY 1,139 POUNDS, IT APPEARS THAT THE COMPUTATION OF EXCESS SHIPPING COSTS CHARGEABLE TO YOU WAS PROPER UNDER THE REGULATIONS, IRRESPECTIVE OF THE ACTUAL NET WEIGHT OF HOUSEHOLD GOODS SHIPPED. ACCORDINGLY, IT IS CONCLUDED THAT NO AUTHORITY EXISTS FOR THE PAYMENT OF YOUR CLAIM.