B-122663, MAY 3, 1955

B-122663: May 3, 1955

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RETIRED: REFERENCE IS MADE TO YOUR UNDATED LETTER POSTMARKED NOVEMBER 15. PART OF SUCH CLAIM WAS DISALLOWED BY SETTLEMENT OF NOVEMBER 10. IT APPEARS THAT THE FIRST TWO SHIPMENTS WERE MADE TO KODIAK AND HAD A GROSS WEIGHT OF 6. 000 POUNDS OF PROFESSIONAL BOOKS - AND WAS MADE BY THE NAVAL GUN FACTORY. YOU CONTEND THAT NO EXCESS WEIGHT WAS INVOLVED AND YOU HAVE SUBMITTED EVIDENCE TO ESTABLISH THAT THE NET WEIGHT OF GOODS SHIPPED WAS WITHIN YOUR WEIGHT LIMITATION OF 9. 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.

B-122663, MAY 3, 1955

PRECIS-UNAVAILABLE

CAPTAIN LEONARD B. JANDON, USN, RETIRED:

REFERENCE IS MADE TO YOUR UNDATED LETTER POSTMARKED NOVEMBER 15, 1954, CONCERNING YOUR CLAIM FOR $695.27 CHECKED AGAINST YOUR PAY ACCOUNT AS EXCESS COST OF THREE SHIPMENTS OF YOUR HOUSEHOLD GOODS MADE AFTER RECEIPT OF BUREAU OF NAVAL PERSONNEL ORDERS OF JANUARY 5, 1953, DIRECTING A PERMANENT CHANGE OF STATION FROM WASHINGTON, D.C. TO KODIAK, ALASKA. PART OF SUCH CLAIM WAS DISALLOWED BY SETTLEMENT OF NOVEMBER 10, 1954.

IT APPEARS THAT THE FIRST TWO SHIPMENTS WERE MADE TO KODIAK AND HAD A GROSS WEIGHT OF 6,613 POUNDS AS SHOWN BY GOVERNMENT BILLS OF LADING N 32225106 AND N-32225131. THE THIRD SHIPMENT, COVERED BY GOVERNMENT BILL OF LADING N-32226036, CONSISTED OF 21 BOXES, 53 CRATES AND THREE BARRELS, WEIGHING 15,156 POUNDS - INCLUDING 1,000 POUNDS OF PROFESSIONAL BOOKS - AND WAS MADE BY THE NAVAL GUN FACTORY, WASHINGTON, D.C., TO THE NAVAL SUPPLY DEPOT, MECHANICSBURG, PENNSYLVANIA, BY MOTOR FREIGHT FOR NONTEMPORARY STORAGE.

YOU CONTEND THAT NO EXCESS WEIGHT WAS INVOLVED AND YOU HAVE SUBMITTED EVIDENCE TO ESTABLISH THAT THE NET WEIGHT OF GOODS SHIPPED WAS WITHIN YOUR WEIGHT LIMITATION OF 9,000 POUNDS, PLUS 1,000 POUNDS OF PROFESSIONAL BOOKS.

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 THERE 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 IS MORE OR LESS THAN THE NET WEIGHT ALLOWANCES SET FORTH IN THE REGULATIONS. WEIGHTS EXCEEDING THAT MAXIMUM OVERALL WEIGHT ARE PROPERLY CHARGEABLE AGAINST THE SHIPPER. PROVISION ALSO IS MADE THAT, IN THE EVENT SHIPMENT IS MADE BY MIXED METHOD, SUCH AS PORTIONS BEING SHIPPED BY DIFFERENT MEANS OF TRANSPORTATION, THE TOTAL NET UNPACKED WEIGHTS WILL BE COMPARED WITH THE NET WEIGHT ALLOWANCE TO DETERMINE THE AMOUNT OF EXCESS WEIGHT. DIFFERENT FORMULAS ARE GIVEN FOR DETERMINING THE NET UNPACKED WEIGHT IN SUCH CIRCUMSTANCES.

YOUR HOUSEHOLD GOODS WERE SHIPPED BY DIFFERENT MEANS OF TRANSPORTATION AND, USING THE METHODS OF COMPUTATION PRESCRIBED IN THE REGULATIONS, THE NET WEIGHT OF YOUR HOUSEHOLD GOODS IS DETERMINED TO BE 15,727 POUNDS, AS FOLLOWS: NET WEIGHT OF SHIPMENT ONE, 236 POUNDS (330 POUNDS REDUCED BY 2/7); SHIPMENT TWO, 4,166 POUNDS (ONE GOVERNMENT CONTAINER, GROSS WEIGHT 2,765 POUNDS, LESS TARE OF 820 POUNDS, LESS 15% OR 1,653 POUNDS, BALANCE OF SHIPMENT 3,518 POUNDS, LESS 2/7 OR 2,513 POUNDS); SHIPMENT THREE, 11,325 POUNDS (15,156 POUNDS, LESS 1000, POUNDS OF PROFESSIONAL BOOKS, REDUCED BY 1/5). THUS IT APPEARS THAT SHIPMENT THREE CONTAINED 6,727 POUNDS OF HOUSEHOLD GOODS IN EXCESS OF YOUR NET WEIGHT LIMITATION. THAT WEIGHT IS INCREASED BY 25% TO COVER PACKING MATERIALS IT APPEARS THAT SUCH SHIPMENT CONTAINED 8,409 POUNDS EXCESS GROSS WEIGHT. SINCE THE COST OF PACKING, CRATING AND HAULING THAT SHIPMENT APPEARS TO HAVE BEEN $1,124.45 AND THE SHIPPING RATE WAS 85 CENTS PER 100 POUNDS, $695.29 (8409/15156 X $1,124.45, PLUS $84.09 X $0.85) SHOULD HAVE BEEN COLLECTED FROM YOU AS THE COST OF SHIPPING SUCH EXCESS WEIGHT. THE AMOUNT ACTUALLY COLLECTED WAS $695.27.

FROM THE FOREGOING, IT IS CLEAR THAT NO AMOUNT IS DUE YOU AND THE SETTLEMENT OF NOVEMBER 10, 1954, ACCORDINGLY, IS SUSTAINED.