B-122662, APR 28, 1955

B-122662: Apr 28, 1955

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RA 6138645 OFFICE ARMY ATTACHE AMERICAN EMBASSY: REFERENCE IS MADE TO YOUR FIRST INDORSEMENT OF DECEMBER 9. YOU WERE RELIEVED FROM DUTY WITH THE OFFICE OF THE U.S. YOUR EFFECTS WERE PACKED AND CRATED ON FEBRUARY 22. THE WEIGHT OF THE EFFECTS SHIPPED EXCEEDED YOUR AUTHORIZED WEIGHT ALLOWANCE AND YOU WERE CHARGED WITH EXCESS COSTS OF $311.89. THE RECORD SHOWS THAT THIS AMOUNT WAS COMPUTED ON AN ESTIMATED GROSS WEIGHT OF 8. YOU HAVE NOT REMITTED THE EXCESS COST OF SHIPMENT FROM BOMBAY. THE EXCESS COST WAS RECOMPUTED AT $125.90 AND YOU BELIEVE YOU ARE ENTITLED TO REFUND OF THE DIFFERENCE. WILL APPLY. SINCE YOUR EFFECTS WERE PACKED AND CRATED IN FEBRUARY 1951. THE APPLICABLE REGULATIONS ARE ARMY REGULATIONS 55-160.

B-122662, APR 28, 1955

PRECIS-UNAVAILABLE

MASTER SERGEANT JOSEPH L. THIBODEAU, RA 6138645 OFFICE ARMY ATTACHE AMERICAN EMBASSY:

REFERENCE IS MADE TO YOUR FIRST INDORSEMENT OF DECEMBER 9, 1954, REQUESTING REVIEW OF THE SETTLEMENT OF SEPTEMBER 15, 1954, WHICH DISALLOWED YOUR CLAIM FOR THE REFUND OF $185.99 OF THE AMOUNT OF $311.89 COLLECTED FROM YOU AS THE EXCESS COST OF PACKING, CRATING, AND SHIPPING YOUR HOUSEHOLD EFFECTS FROM NEW DELHI TO BOMBAY, INDIA.

BY SPECIAL ORDERS NO. 6, DATED FEBRUARY 7, 1951, YOU WERE RELIEVED FROM DUTY WITH THE OFFICE OF THE U.S. ARMY ATTACHE, AMERICAN EMBASSY, NEW DELHI, INDIA, AND RETURNED TO THE UNITED STATES. YOUR EFFECTS WERE PACKED AND CRATED ON FEBRUARY 22, 1951, AND SHIPPED FROM NEW DELHI TO BOMBAY AT A COST OF $1,294.34. THE WEIGHT OF THE EFFECTS SHIPPED EXCEEDED YOUR AUTHORIZED WEIGHT ALLOWANCE AND YOU WERE CHARGED WITH EXCESS COSTS OF $311.89. THE RECORD SHOWS THAT THIS AMOUNT WAS COMPUTED ON AN ESTIMATED GROSS WEIGHT OF 8,300 POUNDS AND AN AUTHORIZED ALLOWANCE OF 6,300 POUNDS (4,500 POUNDS PLUS 40% FOR PACKING AND CRATING). YOU ALSO REMITTED $22.37 AS THE EXCESS COST OF SHIPMENT FROM BROOKLYN, NEW YORK, TO CAMERON, VIRGINIA, PLUS DRAYAGE AND UNLOADING AT ARLINGTON, VIRGINIA, BUT YOU HAVE NOT REMITTED THE EXCESS COST OF SHIPMENT FROM BOMBAY, INDIA, TO NEW YORK, NEW YORK. IN YOUR PRESENT COMMUNICATION YOU POINT OUT THAT BY NINTH INDORSEMENT, FINANCE OFFICE, U.S. ARMY, CAIRO, DATED AUGUST 8, 1952, THE EXCESS COST WAS RECOMPUTED AT $125.90 AND YOU BELIEVE YOU ARE ENTITLED TO REFUND OF THE DIFFERENCE, OR $185.99.

JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO SECTION 303(C) OF THE CAREER COMPENSATION ACT, 63 STAT. 813, 814, PROVIDE THAT FOR PACKING AND CRATING PERFORMED, AND DRAYAGE AND SHIPMENT COMMENCING PRIOR TO APRIL 1, 1951, THE REGULATION IN EFFECT ON MARCH 31, 1951, WILL APPLY. SINCE YOUR EFFECTS WERE PACKED AND CRATED IN FEBRUARY 1951, AND SHIPMENT BEGAN PRIOR TO APRIL 1, 1951, THE APPLICABLE REGULATIONS ARE ARMY REGULATIONS 55-160, APRIL 29, 1949, AND SPECIAL REGULATIONS 55-160-1, JUNE 22, 1949. THE LATTER REGULATIONS PROVIDE (PARAGRAPH 17B) FOR THE USE OF HOUSEHOLD GOODS SHIPPING BOXES ON SHIPMENTS TO OR FROM OVERSEAS LOCATIONS AND THAT, IN LIEU OF A PERCENTAGE INCREASE FOR THE WEIGHT OF PACKING AND CARTING MATERIALS, THE ACTUAL TARE WEIGHT WILL BE STENCILED ON THE BOX AND THE DIFFERENCE BETWEEN THE GROSS WEIGHT OF THE BOX WHEN PACKED OR LOADED WILL BE CHARGED AGAINST THE OWNER'S PRESCRIBED WEIGHT ALLOWANCE. YOUR EFFECTS WERE SHIPPED IN THREE SUCH BOXES HAVING A TOTAL GROSS WEIGHT OF 9,320 POUNDS AND A TARE WEIGHT OF 3,500 POUNDS. SINCE YOUR PRESCRIBED NET WEIGHT ALLOWANCE WAS 4,500 POUNDS, YOUR TOTAL ALLOWANCE WAS 8,000 POUNDS, AND YOU ARE CHARGEABLE WITH THE COST OF PACKING, CRATING, SHIPPING, DRAYING, AND UNLOADING THE BALANCE, OR 1,320 POUNDS. A RECOMPUTATION OF THE EXCESS COST IS AS FOLLOWS:

PACKING AND CRATING $ 882.43

TRANSPORTATION, NEW DELHI TO BOMBAY, INDIA 411.91

STORAGE AT BOMBAY 12.24

TRANSPORTATION, BOMBAY, INDIA TO NEW YORK, NEW YORK 1,318.28

TRANSPORTATION, NEW YORK, NEW YORK, TO CAMERON, VIRGINIA 135.60

DRAYAGE TO ARLINGTON, VIRGINIA, AND UNLOADING 102.52

TOTAL COST $2,862.98

COST CHARGEABLE TO GOVERNMENT 8,000/9,320 X "2,862.98 $2,457.49

EXCESS COST $ 405.49

SINCE THE EXCESS COST IS $405.49, AND YOU HAVE REMITTED A TOTAL OF $334.26, A BALANCE OF $71.23 IS DUE THE GOVERNMENT. YOUR REMITTANCE IN THE FORM OF CHECK, BANK DRAFT, OR MONEY ORDER, PAYABLE TO THE TREASURER OF THE UNITED STATES, SHOULD BE MAILED TO GENERAL ACCOUNTING OFFICE, ADMINISTRATIVE FINANCE SECTION, WASHINGTON 25, D.C. ..END :