B-124117, DEC. 1, 1955

B-124117: Dec 1, 1955

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580 POUNDS OF EFFECTS WERE SHIPPED INCIDENT TO THE ORDERS OF JUNE 24. THAT AS THERE IS EVIDENCE INDICATING THAT THE ACTUAL NET WEIGHT OF YOUR HOUSEHOLD EFFECTS WAS APPROXIMATELY 4. THE CHARGE FOR EXCESS WEIGHT WAS THEREFORE EXCESSIVE AND SHOULD BE ADJUSTED IRRESPECTIVE OF THE COSTS INCURRED BY THE GOVERNMENT INCIDENT TO THE SHIPMENT. ARE SET FORTH FOR THE VARIOUS RANKS AND GRADES OF MILITARY PERSONNEL. PROVISION IS MADE FOR PERCENTAGE INCREASES OF THOSE BASIC WEIGHT ALLOWANCES FOR VARIOUS TYPES OF SHIPMENT TO ALLOW FOR ADDITIONAL WEIGHT OCCASIONED BY THE USE OF ORDINARY PACKING AND CRATING METHODS. OF WHICH THE NET WEIGHT OF THE HOUSEHOLD GOODS IS BUT ONE COMPONENT PART. WEIGHTS EXCEEDING THAT MAXIMUM OVERALL WEIGHT ARE PROPERLY CHARGEABLE AGAINST THE SHIPPER.

B-124117, DEC. 1, 1955

TO TECHNICAL SERGEANT SANFORD J. BLAU:

YOUR LETTER OF APRIL 28, 1955, REQUESTS REVIEW OF SETTLEMENT DATED APRIL 7, 1954, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF $86.73 COLLECTED FROM YOU AS EXCESS COSTS INCURRED IN THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS INCIDENT TO ORDERS DATED JUNE 24, 1952, ASSIGNING YOU TO DUTY OVERSEAS.

IT APPEARS THAT A GROSS WEIGHT OF 9,580 POUNDS OF EFFECTS WERE SHIPPED INCIDENT TO THE ORDERS OF JUNE 24, 1952, AT A TOTAL COST TO THE GOVERNMENT OF $408.23. THE DEPARTMENT OF THE ARMY COLLECTED THE SUM OF $86.73 FROM YOU AS EXCESS COSTS INCIDENT TO SUCH SHIPMENT ON THE BASIS THAT THE SHIPMENT CONTAINED AN EXCESS WEIGHT OF 1,248 POUNDS. IT APPEARS TO BE YOUR BELIEF, HOWEVER, THAT AS THERE IS EVIDENCE INDICATING THAT THE ACTUAL NET WEIGHT OF YOUR HOUSEHOLD EFFECTS WAS APPROXIMATELY 4,700 POUNDS, OR APPROXIMATELY 200 POUNDS ABOVE YOUR AUTHORIZED WEIGHT ALLOWANCE, THE CHARGE FOR EXCESS WEIGHT WAS THEREFORE EXCESSIVE AND SHOULD BE ADJUSTED IRRESPECTIVE OF THE COSTS INCURRED BY THE GOVERNMENT INCIDENT TO THE SHIPMENT.

PARAGRAPH 8001, JOINT TRAVEL REGULATIONS, PROVIDES THAT WITH ORDINARY PACKING AND CRATING METHODS HOUSEHOLD GOODS OF MILITARY PERSONNEL, NOT IN EXCESS OF THE WEIGHT LIMITS PRESCIBED IN SUCH REGULATIONS, 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 VARIOUS TYPES OF SHIPMENT 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, THE WEIGHT NOT TO EXCEED AN OVERALL WEIGHT ALLOWANCE OR 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 EXCEEDS THE NET WEIGHT ALLOWANCES SET FORTH IN THE REGULATIONS. WEIGHTS EXCEEDING THAT MAXIMUM OVERALL WEIGHT ARE PROPERLY CHARGEABLE AGAINST THE SHIPPER.

PARAGRAPH 8001-2 OF THE REGULATIONS PROVIDES THAT WHEN SHIPMENT IS MADE IN SPECIALLY DESIGNATED HOUSEHOLD GOODS BOXES THE DIFFERENCE BETWEEN THE GROSS WEIGHT AND THE TARE WEIGHT WILL BE REDUCED BY 15 PERCENT AND THE REMAINING WEIGHT WILL BE CHARGED AGAINST THE OWNER'S PRESCRIBED WEIGHT ALLOWANCE. THE RECORD SHOWS THAT, OF THE 9,580 POUNDS OF EFFECTS SHIPPED, 7,750 POUNDS WERE PACKED IN OVERSEAS SHIPPING BOXES THE TARE WEIGHT OF WHICH WAS 2,750 POUNDS. TO COMPUTE THE PROPER WEIGHT TO BE CHARGED AGAINST YOUR PRESCRIBED NET WEIGHT ALLOWANCE THE GROSS WEIGHT OF THE OVERSEAS CONTAINERS, 7,750 POUNDS, SHOULD BE REDUCED BY THE ACTUAL TARE WEIGHT OF THE CONTAINERS, 2,750 POUNDS, AND THE RESULTING WEIGHT OF 5,000 POUNDS REDUCED BY 15 PERCENT TO ALLOW FOR WEIGHT OF PACKAGING MATERIALS WITHIN THE CONTAINERS, TO GIVE A RESULTING WEIGHT OF 4,250 POUNDS. THAT WEIGHT THERE SHOULD BE ADDED 1,307 POUNDS--- THE GROSS WEIGHT OF THE EFFECTS NOT IN SPECIAL OVERSEAS TYPE BOXES, 1,830 POUNDS, REDUCED BY 2/7 TO ALLOW FOR THE 40 PERCENT WEIGHT INCREASE AUTHORIZED BY PARAGRAPH 8001-1 OF THE REGULATIONS FOR OVERSEAS SHIPMENTS--- RESULTING IN A TOTAL OF 5,557 POUNDS, AN EXCESS OF 1,057 POUNDS OVER THE 4,500 POUNDS AUTHORIZED FOR YOUR GRADE ON PERMANENT CHANGE OF STATION. ON THE BASIS OF A COST TO THE GOVERNMENT OF $408.23 FOR THE SHIPMENT, THE EXCESS COST INVOLVED PROPERLY CHARGEABLE TO YOU WAS 1057/5557 OF THAT AMOUNT, OR $77.65, RATHER THAN THE AMOUNT OF $86.73 WHICH WAS COLLECTED FROM YOU.

SINCE THE AMOUNT OF $86.73 HAS BEEN COLLECTED FROM YOU AS EXCESS COSTS INCURRED INCIDENT TO THE SHIPMENT IN QUESTION WHEREAS THE CORRECT AMOUNT OF THE EXCESS COSTS IS $77.65 THERE REMAINS DUE YOU A BALANCE OF $9.08. SETTLEMENT WILL ISSUE IN YOUR FAVOR FOR THAT AMOUNT IN DUE COURSE.

YOU WILL BE ADVISED AT A LATER DATE BY OUR CLAIMS DIVISION OF THE SETTLEMENT OF YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES INCURRED IN CONNECTION WITH SHIPMENT OF YOUR HOUSEHOLD EFFECTS IN NOVEMBER, 1950.