B-122441, MAR 24, 1955

B-122441, MAR 24, 1955

PRECIS-UNAVAILABLE

LIEUTENANT DALE E. NEWMAN, USN:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 30, 1954, REQUESTING REVIEW OF THE SETTLEMENT OF NOVEMBER 26, 1954, WHICH DISALLOWED YOUR CLAIM FOR $33.01, REPRESENTING A PORTION OF THE AMOUNT COLLECTED FROM YOU BY CHECK AGE AS THE EXCESS COST OF SHIPPING YOUR HOUSEHOLD EFFECTS FROM PENSACOLA, FLORIDA, TO YODER, KANSAS, IN JUNE 1953, INCIDENT TO ORDERS OF JUNE 3, 1953, PLACING YOU ON TEMPORARY DUTY IN HUTCHISON, KANSAS.

UNDER PARAGRAPH 8001-1, JOINT TRAVEL REGULATION, IN EFFECT AT THE TIME HERE INVOLVED, YOU WERE AUTHORIZED TO SHIP 600 POUNDS OF HOUSEHOLD EFFECTS PLUS AN ALLOWANCE OF 25 PERCENT FOR PACKING AND CRATING FOR RAIL SHIPMENT, OR A TOTAL OF 750 POUNDS. SINCE YOUR EFFECTS WEIGHED 1,227 POUNDS YOU WERE CHARGED WITH THE COST OF SHIPPING THE EXCESS WEIGHT OF 477 POUNDS, OR $47. IT IS YOUR CONTENTION THAT THE MATERIALS USED IN PACKING AND CRATING YOUR EFFECTS EXCEEDED 25 PERCENT AND, THEREFORE, THAT YOU ARE ENTITLED TO PARTIAL REFUND. ALSO, IN YOUR PRESENT LETTER YOU QUESTION WHETHER THE DEPARTMENT OF THE NAVY FORWARDED HERE ALL THE PAPERS PERTINENT TO YOUR CLAIM, AND EXPRESS THE OPINION THAT YOUR CLAIM WAS SENT HERE FOR ROUTINE PAYMENT.

YOUR CLAIM, PRESUMABLY ACCOMPANIED BY ALL PERTINENT PAPERS AVAILABLE TO THE DEPARTMENT OF THE NAVY, WAS FORWARDED HERE BY THAT DEPARTMENT BY LETTER OF MAY 7, 1954, ADMINISTRATIVELY APPROVED FOR "SUCH AMOUNT AS MAY BE FOUND DUE." PREVIOUSLY, BY LETTER OF NOVEMBER 20, 1953, THE DEPARTMENT OF THE NAVY ADVISED YOU THAT IT WAS UNABLE TO MAKE ANY ADJUSTMENT FOR THE EXCESS COST INVOLVED, BUT THAT AFTER CHECK AGE HAD BEEN ACCOMPLISHED A CLAIM COULD BE SUBMITTED HERE. WHILE ADMINISTRATIVE RECOMMENDATIONS ARE CAREFULLY CONSIDERED HERE, THEY DO NOT CONSTITUTE LEGAL AUTHORITY FOR PAYMENT OF CLAIMS AGAINST THE UNITED STATES.

THE REGULATIONS MENTIONED ABOVE PROVIDE THAT, WITH ORDINARY PACKING AND CRATING METHODS, HOUSEHOLD EFFECTS OF SERVICE PERSONNEL NOT IN EXCESS OF THE WEIGHT LIMITS PRESCRIBED MAY BE SHIPPED AT GOVERNMENT EXPENSE. WEIGHT ALLOWANCES, DESIGNATED AS ACTUAL NET WEIGHTS AUTHORIZED FOR SHIPMENT, ARE SET FORTH FOR VARIOUS RANKS AND GRADES, AND PROVISION IS MADE FOR A PERCENTAGE INCREASE TO ALLOW FOR PACKING AND CRATING. THE REGULATIONS CONTEMPLATE THE SHIPMENT AT GOVERNMENT EXPENSE OF HOUSEHOLD GOODS, AS PACKED FOR SHIPMENT, AT NOT TO EXCEED AN OVER-ALL WEIGHT ALLOWANCE OF NET WEIGHT PLUS PERCENTAGE INCREASE. SUCH OVER-ALL 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 ALLOWANCE SET FORTH IN THE REGULATIONS. THE PERCENTAGE INCREASE ALLOWED FOR PACKING AND CRATING IS NOT INTENDED TO MATCH, POUND FOR POUND, THE ACTUAL WEIGHT OF THE MATERIALS USED IN PACKING AND CRATING. WEIGHTS EXCEEDING THE MAXIMUM OVER-ALL WEIGHT ARE PROPERLY CHARGEABLE TO THE SHIPPER.

SINCE THE WEIGHT OF YOUR HOUSEHOLD GOODS AS SHIPPED EXCEEDED YOUR WEIGHT ALLOWANCE PLUS THE PERCENTAGE INCREASE, YOU WERE PROPERLY CHARGED WITH THE EXCESS COST OF THE SHIPMENT IRRESPECTIVE OF THE ACTUAL WEIGHT OF THE MATERIAL USED IN PACKING AND CRATING FOR RAIL SHIPMENT. ACCORDINGLY, IT IS CONCLUDED THAT NO AUTHORITY EXISTS FOR PAYMENT OF YOUR CLAIM.