B-125382, NOV. 29, 1955

B-125382: Nov 29, 1955

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USN: REFERENCE IS MADE TO YOUR LETTER OF AUGUST 17. YOU WERE TRANSFERRED FROM PHILADELPHIA. THE RECORD SHOWS THAT THE TOTAL WEIGHT OF YOUR EFFECTS WHEN PACKED AND CRATED FOR OCEAN SHIPMENT WAS 7. SINCE YOUR AUTHORIZED WEIGHT ALLOWANCE WAS 4. WAS COLLECTED FROM YOU. IN YOUR PRESENT LETTER YOU STATE THAT WHILE YOUR GOODS WERE NOT WEIGHED PRIOR TO PACKING. YOU STATE THAT SINCE YOU WERE NOT NOTIFIED OF THE GROSS WEIGHT. CRATING AND SHIPMENT OF HOUSEHOLD EFFECTS OF SERVICE PERSONNEL IS GOVERNED BY JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949. THE TARE WEIGHT OF A SHIPMENT IS IN EXCESS OF THE PRESCRIBED ALLOWANCES. THAT PROVISION WAS IMPLEMENTED BY PARAGRAPH 29003-1 (C).

B-125382, NOV. 29, 1955

TO ROBERT ALAN STOPP, YN1, USN:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 17, 1955, REQUESTING REVIEW OF THE SETTLEMENT OF JULY 22, 1955, WHICH DISALLOWED YOUR CLAIM FOR $422.56, REPRESENTING THE AMOUNT COLLECTED FROM YOU AS THE EXCESS COST OF PACKING, CRATING AND SHIPPING YOUR HOUSEHOLD EFFECTS FROM PHILADELPHIA, PENNSYLVANIA, TO BRUSSELS, BELGIUM.

BY STANDARD TRANSFER ORDER NO. 103-53, DATED SEPTEMBER 10, 1953, YOU WERE TRANSFERRED FROM PHILADELPHIA, PENNSYLVANIA, TO BRUSSELS, BELGIUM, FOR DUTY. ON OCTOBER 14, 1953, YOU EXECUTED AN APPLICATION FOR SHIPMENT OF YOUR HOUSEHOLD EFFECTS IN TWO LOTS, STATING THAT THE FIRST WEIGHED APPROXIMATELY 400 POUNDS, AND THE SECOND APPROXIMATELY 3,000 POUNDS. THE RECORD SHOWS THAT THE TOTAL WEIGHT OF YOUR EFFECTS WHEN PACKED AND CRATED FOR OCEAN SHIPMENT WAS 7,910 POUNDS. SINCE YOUR AUTHORIZED WEIGHT ALLOWANCE WAS 4,500 POUNDS PLUS 40 PERCENT FOR WATER SHIPMENT (1,800 POUNDS), OR A TOTAL OF 6,300 POUNDS, YOU EXCEEDED YOUR ALLOWANCE BY 1,610 POUNDS, AND THE EXCESS COST, $422.56, WAS COLLECTED FROM YOU. IN YOUR PRESENT LETTER YOU STATE THAT WHILE YOUR GOODS WERE NOT WEIGHED PRIOR TO PACKING, THE FIRM THAT PERFORMED THE PACKING ESTIMATED THE WEIGHT AS 2,960 POUNDS AND THAT, THEREFORE, YOU BELIEVE THE PACKED WEIGHT OF 7,910 POUNDS OFFERS PRIMA FACIE EVIDENCE OF EXCESSIVE PACKING. ALSO, YOU STATE THAT SINCE YOU WERE NOT NOTIFIED OF THE GROSS WEIGHT, OR AFFORDED AN OPPORTUNITY TO DETERMINE THAT WEIGHT PRIOR TO SHIPMENT, YOU BELIEVE THE EXCESS TARE WEIGHT OCCURRED THROUGH NO FAULT OF YOURS. YOU CITE PARAGRAPHS 29003-1 (C), BUREAU OF SUPPLIES AND ACCOUNTS MANUAL, AND 8001- 1, JOINT TRAVEL REGULATIONS, AS AUTHORITY FOR ALLOWANCE OF YOUR CLAIM.

THE PACKING, CRATING AND SHIPMENT OF HOUSEHOLD EFFECTS OF SERVICE PERSONNEL IS GOVERNED BY JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 814. PARAGRAPH 8001-1, REFERRED TO BY YOU, PROVIDES THAT IN INSTANCES WHERE, THROUGH NO FAULT OF THE OWNER, THE TARE WEIGHT OF A SHIPMENT IS IN EXCESS OF THE PRESCRIBED ALLOWANCES, THE CASE MAY BE REFERRED TO THE APPROPRIATE AUTHORITY OF THE SERVICES CONCERNED FOR AUTHORITY TO DEVIATE FROM THOSE ALLOWANCES. THAT PROVISION WAS IMPLEMENTED BY PARAGRAPH 29003-1 (C), BUREAU OF SUPPLIES AND ACCOUNTS MANUAL, WHICH PROVIDES THAT IN SUCH CASES, WHEN DOCUMENTS ESTABLISHING THE ACTUAL NET WEIGHT HAVE BEEN MADE AVAILABLE TO THE NAVY REGIONAL ACCOUNTS OFFICE, WASHINGTON, D.C., THAT OFFICE WILL USE ACTUAL NET WEIGHTS IN DETERMINING ANY EXCESS WEIGHT INVOLVED. THOSE PROVISIONS ARE NOT APPLICABLE TO YOUR CLAIM, HOWEVER, FOR THE REASON THAT THE ADJUSTMENT PROVISION IN PARAGRAPH 8001-1, JOINT TRAVEL REGULATIONS, FIRST BECAME EFFECTIVE ON NOVEMBER 1, 1953 (CHANGE 17). WHEN YOUR ORDERS WERE ISSUED THERE WAS NO PROVISION FOR DEVIATION FROM THE PRESCRIBED WEIGHT ALLOWANCES.

THE RECORD DOES NOT INCLUDE ANY DOCUMENTS ESTABLISHING THE ACTUAL NET WEIGHT OF YOUR EFFECTS. IT IS SHOWN, HOWEVER, THAT THE QUESTION OR WHETHER YOUR GOODS WERE OVERPACKED WAS CONSIDERED BY THE CHIEF, BUREAU OF SUPPLIES AND ACCOUNTS, AND THAT THAT OFFICIAL WAS ADVISED BY THE COMMANDER, PHILADELPHIA NAVAL SHIPYARD, THAT THE SHIPMENT WAS INSPECTED BY A REPRESENTATIVE OF THAT ACTIVITY WHO REPORTED THAT IT WAS PACKED IN ACCORDANCE WITH CONTRACT SPECIFICATIONS.

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 THEREIN 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 THE AUTHORIZED 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 MEMBER.

SINCE THE GROSS WEIGHT OF THE GOODS SHIPPED EXCEEDED YOUR AUTHORIZED ALLOWANCE AS INCREASED BY THE ALLOWANCE FOR PACKING AND CRATING, THE COMPUTATION OF EXCESS COST CHARGEABLE TO YOU WAS PROPER UNDER THE APPLICABLE REGULATIONS IRRESPECTIVE OF THE ACTUAL NET WEIGHT OF HOUSEHOLD GOODS SHIPPED. ACCORDINGLY, IT MUST BE CONCLUDED THAT NO AUTHORITY EXISTS FOR THE PAYMENT OF YOUR CLAIM.