B-121117, OCT 29, 1954

B-121117, OCT 29, 1954

PRECIS-UNAVAILABLE

PHILLIP M. BROWN, TMC, USN, RETIRED:

REFERENCE IS MADE TO YOUR LETTERS OF MAY 13 AND 24, AND JULY 7, 1954, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF APRIL 27, 1954, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF CHECK AGE AGAINST YOUR PAY ACCOUNT ARISING FROM THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS FROM SAN DIEGO, CALIFORNIA, TO OMAHA, NEBRASKA, INCIDENT TO PERMANENT CHANGE OF STATION ORDERS OF MARCH 12, 1953.

THE RECORD INDICATES THAT HOUSEHOLD EFFECTS WEIGHING 6,100 POUNDS WERE SHIPPED FROM AN OVERSEAS STATION TO SAN DIEGO, CALIFORNIA, AND PLACED IN STORAGE THERE, INCIDENT TO YOUR PERMANENT CHANGE OF STATION TO THE USS NEREUS (AS 17), THE HOME PORT OF WHICH WAS SAN DIEGO; AND THAT FOLLOWING A FURTHER CHANGE OF STATION TO OMAHA, NEBRASKA, THOSE EFFECTS AND AN ADDITIONAL QUANTITY WERE SHIPPED FROM SAN DIEGO TO OMAHA AT GOVERNMENT EXPENSE. SINCE YOUR AUTHORIZED PERMANENT CHANGE OF STATION WEIGHT ALLOWANCE PLUS 25 PERCENT FOR PACKING AND CRATING FOR RAIL SHIPMENT WAS 5,625 POUNDS, AND THE SHIPMENT WEIGHED 7,510 POUNDS, IT EXCEEDED YOUR ALLOWANCE BY 1,885 POUNDS.

SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT UNDER SUCH CONDITIONS AND LIMITATIONS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED MEMBERS SHALL BE ENTITLED TO TRANSPORTATION OF HOUSEHOLD EFFECTS UPON CHANGE OF STATION. JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THAT LEGISLATIVE AUTHORITY, WHICH PROVIDE FOR THE PACKING, CRATING, AND SHIPPING OF HOUSEHOLD EFFECTS UPON CHANGE OF STATION PRESCRIBE THAT THE WEIGHT ALLOWANCES FOR VARIOUS RANKS AND GRADES MAY BE INCREASED BY 25 PERCENT WHEN PACKED FOR RAIL SHIPMENT AND BY 40 PERCENT WHEN PACKED FOR OCEAN SHIPMENT, AND THAT THE OWNER SHALL BE LIABLE FOR THE COST OF PACKING, CRATING AND SHIPPING HOUSEHOLD EFFECTS IN EXCESS OF HIS AUTHORIZED WEIGHT ALLOWANCE. IN YOUR CASE, THE COST OF PACKING, CRATING, AND SHIPPING THE EXCESS WEIGHT ORIGINALLY WAS COMPUTED BY THE DEPARTMENT OF THE NAVY AS $220.41. SUBSEQUENTLY IT WAS RECOMPUTED AS $275.29, THE AMOUNT COLLECTED FROM YOU.

IN VIEW OF YOUR CONTENTION THAT THE EFFECTS IN STORAGE WITH NORTH PARK TRANSFER AND STORAGE COMPANY, SAN DIEGO, CALIFORNIA, ALREADY WERE PACKED FOR SHIPMENT, THIS OFFICE REQUESTED ADDITIONAL INFORMATION FROM THE DEPARTMENT OF THE NAVY, AND BY LETTER OF OCTOBER 7, 1954, WAS ADVISED THAT THE LOT IN STORAGE CONSISTED OF 23 CRATED AND PACKED PIECES WEIGHING 5,934 POUNDS, OF WHICH 4 PIECES WEIGHING 1,526 POUNDS REQUIRED REPACKING FOR SAFE SHIPMENT; THAT THE BALANCE OR 4,408 POUNDS OF PACKED GOODS REQUIRED ONLY WEIGHING, CUBING, MARKING, STRAPPING AND LOCAL HAULING AT A COST OF $1 PER HUNDREDWEIGHT; AND THAT THE LOT PICKED UP AT YOUR RESIDENCE WEIGHED 1,576 POUNDS WHEN PACKED AND CRATED, RESULTING IN A TOTAL WEIGHT OF 3,102 POUNDS WHICH REQUIRED THE COMPLETE SERVICE OF PACKING, CRATING, HAULING, ETC., AT $6.70 PER HUNDREDWEIGHT. WHILE IT MAY BE THAT A SOMEWHAT LESSER WEIGHT WOULD HAVE RESULTED HAD ALL THE EFFECTS BEEN PACKED AT SAN DIEGO FOR RAIL SHIPMENT, THE SHIPMENT OF YOUR EFFECTS FROM STORAGE IN ADDITION TO THOSE TURNED OVER TO THE SUPPLY OFFICER FOR PACKING AND CRATING WAS IN COMPLIANCE WITH YOUR REQUEST, AND SINCE SHIPMENT WAS BY RAIL YOU ARE PROPERLY CHARGEABLE WITH ALL COSTS INCURRED DUE TO WEIGHT IN EXCESS OF YOUR ALLOWANCE FOR RAIL SHIPMENT. THUS, YOU ARE PROPERLY CHARGEABLE WITH PACKING AND HAULING 1,885 POUNDS AT $1 PER HUNDREDWEIGHT ($18.85) PLUS THE COST OF SHIPPING EXCESS WEIGHT FROM SAN DIEGO TO OMAHA (1,885 POUNDS AT $7.07 PER HUNDREDWEIGHT PLUS 15 PERCENT, THE REGULARLY ESTABLISHED FREIGHT RATE BETWEEN THESE POINTS, OR $153.26) A TOTAL OF $172.11. SINCE YOUR PAY WAS CHECKED FOR $275.29 YOU ARE ENTITLED TO REFUND OF $103.18, FOR WHICH A SETTLEMENT WILL ISSUE AT AN EARLY DATE.