B-122480, JAN. 13, 1956

B-122480, JAN. 13, 1956

TO COLONEL JACK C. JEFFREY, CE:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 6, 1955, AND PRIOR CORRESPONDENCE REQUESTING REVIEW OF SETTLEMENT DATED NOVEMBER 9, 1954, WHICH DISALLOWED YOUR CLAIM FOR $582.45 REPRESENTING A PART OF THE AMOUNT PAID BY YOU TO THE GOVERNMENT AS EXCESS COST FOR PACKING, CRATING, SHIPPING, AND UNPACKING YOUR HOUSEHOLD EFFECTS.

BY ORDERS DATED NOVEMBER 17, 1947, YOU WERE RELEASED FROM DUTY AT FORT MONROE, VIRGINIA, AND ASSIGNED TO DUTY AT MANILA, PHILIPPINE ISLANDS. ORDERS DATED FEBRUARY 21, 1950, YOU WERE RELEASED FROM DUTY AT MANILA AND ASSIGNED TO DUTY AT MADISON, WISCONSIN. INCIDENT TO THE ORDERS OF NOVEMBER 17, 1947, TWO LOTS OF HOUSEHOLD EFFECTS SHOWN AS WEIGHING 7,841 (7,785 AND 56) POUNDS, INCLUDING 200 POUNDS OF PROFESSIONAL BOOKS, WERE SHIPPED FOR YOU IN DECEMBER 1947, AT GOVERNMENT EXPENSE FROM FORT MONROE, VIRGINIA, TO A SELECTED POINT, SAN ANTONIO, TEXAS. IN ADDITION TO THOSE SHIPMENTS, ONE LOT OF EFFECTS SHOWN AS WEIGHING 1,412 POUNDS, INCLUDING 237 POUNDS OF PROFESSIONAL BOOKS, WAS SHIPPED FOR YOU FROM FORT MONROE TO RICHMOND, VIRGINIA, FOR GOVERNMENT STORAGE. ANOTHER LOT OF EFFECTS SHOWN AS WEIGHING 359 POUNDS WAS SHIPPED FROM FORT MONROE TO OAKLAND, CALIFORNIA. THEREAFTER, IN MARCH 1948, ONE LOT OF EFFECTS SHOWN AS WEIGHING 5,073 POUNDS WAS SHIPPED FOR YOU FROM SAN ANTONIO, TEXAS, TO OAKLAND, CALIFORNIA, FOR FURTHER SHIPMENT OVERSEAS. IN APRIL 1948, ANOTHER LOT OF EFFECTS SHOWN AS WEIGHING 12,957 POUNDS WAS SHIPPED FOR YOU FROM SAN ANTONIO TO FORT WORTH, TEXAS, FOR GOVERNMENT STORAGE.

PARAGRAPH 14A (6), ARMY REGULATIONS 55-160, DATED APRIL 26, 1943, IN EFFECT AT THE TIME HERE INVOLVED, PROVIDED THAT UPON THE ASSIGNMENT OF AN OFFICER TO AN OVERSEA STATION HOUSEHOLD GOODS COULD BE PACKED, CRATED, AND SHIPPED FROM THE OLD STATION TO PLACE OF STORAGE OR CONTEMPLATED PLACE OR RESIDENCE IN THE UNITED STATES AT PUBLIC EXPENSE, AND LATER FROM SUCH STORAGE OR RESIDENCE TO THE OVERSEA STATION IF AUTHORIZED. THUS, HOUSEHOLD EFFECTS SHIPPED TO A PLACE OF RESIDENCE COULD BE RESHIPPED AT GOVERNMENT EXPENSE INCIDENT TO THE SAME PERMANENT CHANGE OF STATION ORDERS TO THE OVERSEAS STATION ONLY. SINCE IT APPEARS THAT THE SHIPMENT OF YOUR EFFECTS WEIGHING 12,957 POUNDS FROM SAN ANTONIO, TEXAS, TO FORT WORTH, TEXAS, ON GOVERNMENT BILL OF LADING NO. 7454076, ISSUED ON APRIL 6, 1948, WAS NOT ONLY IN EXCESS OF THE REMAINING BALANCE OF YOUR ALLOWANCE BUT INCLUDED EFFECTS PREVIOUSLY SHIPPED FROM FORT MONROE TO SAN ANTONIO, WHICH RESHIPMENT TO A POINT OTHER THAN YOUR OVERSEAS STATION WAS NOT AUTHORIZED AT GOVERNMENT EXPENSE, YOU WERE PROPERLY CHARGEABLE WITH EXCESS COST ON THAT SHIPMENT.

INCIDENT TO THE ORDERS OF FEBRUARY 21, 1950, HOUSEHOLD EFFECTS WERE SHIPPED FOR YOU AT GOVERNMENT EXPENSE TO MADISON, WISCONSIN, AS FOLLOWS: ONE LOT WEIGHING 880 POUNDS FROM OAKLAND, CALIFORNIA; A SECOND LOT WEIGHING 8,022 POUNDS, INCLUDING 200 POUNDS OF PROFESSIONAL BOOKS, FROM OAKLAND; A THIRD LOT WEIGHING 13,107 POUNDS, INCLUDING 434 POUNDS OF PROFESSIONAL BOOKS, FROM FORT WORTH, TEXAS; AND A FOURTH LOT WEIGHING 1,412 POUNDS, INCLUDING 237 POUNDS OF PROFESSIONAL BOOKS, FROM BELLBLUFF, VIRGINIA. THE TOTAL WEIGHT OF SUCH SHIPMENTS WAS 22,550 POUNDS, EXCLUSIVE OF PROFESSIONAL BOOKS.

THE RECORD SHOWS THAT YOU PAID THE GOVERNMENT $261.50 AS EXCESS COST FOR PACKING, CRATING, AND TRANSPORTATION OF YOUR EFFECTS TO MADISON, WISCONSIN. ALSO, YOU PAID THE GOVERNMENT $174.13 AS EXCESS COST FOR UNPACKING AND UNCRATING YOUR EFFECTS AT DESTINATION. YOUR CLAIM FOR REFUND OF A PART OF THE AMOUNT SO PAID WAS DISALLOWED BY SETTLEMENT DATED NOVEMBER 9, 1954.

THE MAIN BASIS FOR YOUR CLAIM APPEARS TO BE THAT THE EXCESS COST WHICH RESULTED FROM THE SHIPMENT OF YOUR EFFECTS WAS DUE TO THE EXCESSIVE WEIGHT OF THE PACKING MATERIALS USED BY THE GOVERNMENT OR ITS AGENT IN PACKING THOSE EFFECTS AND THAT THEREFORE YOU SHOULD NOT BE RESPONSIBLE FOR SUCH EXCESS COSTS.

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 ACTUAL NET WEIGHT SO ASCERTAINED. FOR THIS REASON, REGULATIONS GOVERNING TRANSPORTATION OF HOUSEHOLD EFFECTS AT THE TIME YOUR EFFECTS WERE SHIPPED, ISSUED PURSUANT TO STATUTORY AUTHORITY AND PUBLISHED IN EXECUTIVE ORDER NO. 10053, DATED APRIL 20, 1949, PROVIDED FOR A PERCENTAGE INCREASE OVER AUTHORIZED NET WEIGHT AS AN ALLOWANCE FOR MATERIALS USED FOR PACKING AND CRATING FOR THE PURPOSE OF COMPUTING THE NET WEIGHT SHIPPED. THE PERCENTAGE INCREASE OVER NET WEIGHT WAS INTENDED GENERALLY TO EQUALIZE THE QUANTITY OF EFFECTS WHICH MIGHT BE SHIPPED BY VARIOUS MEMBERS USING THE SEVERAL MODES OF TRANSPORTATION AUTHORIZED, THAT IS, WATER, RAIL, OR VAN. WHILE THE ACTUAL WEIGHT OF PACKING MATERIALS NECESSARY TO INSURE SAFE SHIPMENT MIGHT EXCEED THE ADDITIONAL WEIGHT SO AUTHORIZED, WE ARE NOT IN A POSITION TO DETERMINE THAT WITH RESPECT TO A PARTICULAR SHIPMENT EXCESS WEIGHT OF THE SHIPMENT RESULTED FROM THE MANNER IN WHICH THE EFFECTS WERE PACKED.

THE TOTAL WEIGHT OF EFFECTS, EXCLUSIVE OF PROFESSIONAL BOOKS, PACKED, SHIPPED, AND UNPACKED, FOR YOU AT GOVERNMENT EXPENSE, INCIDENT TO YOUR ORDERS OF FEBRUARY 21, 1950, EXCEEDED YOUR AUTHORIZED PERMANENT CHANGE OF STATION WEIGHT ALLOWANCE, RESULTING IN EXCESS OF COST OF $435.63, AS ADMINISTRATIVELY COMPUTED.

ACCORDINGLY, IN THE ABSENCE OF A SHOWING THAT THE ADMINISTRATIVELY DETERMINED EXCESS COSTS WERE ERRONEOUS, AS BASED ON THE ACTUAL SHIPPING WEIGHTS, THE SETTLEMENT OF NOVEMBER 9, 1954, IS SUSTAINED.