B-126889, APR. 9, 1956

B-126889: Apr 9, 1956

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YOU WERE RELEASED FROM ASSIGNMENT AND DUTY WITH HEADQUARTERS COMMAND. WHICH WERE PACKED IN 11 BOXES IN YUGOSLAVIA. WERE ESTIMATED TO WEIGH 22. 050 POUNDS AND WERE SHIPPED TO THE YUGOSLAV-ITALIAN BORDER AT A COST TO THE GOVERNMENT OF $545.94. WAS 12. YOU NOW CLAIM REFUND OF THAT AMOUNT ON THE BASIS THAT THE SHIPMENT WAS WEIGHED UPON ITS ARRIVAL AT MCCLELLAN AIR FORCE BASE AND THE TOTAL WEIGHT AS CERTIFIED BY THE DIRECTOR. WAS 11. WHICH WAS LESS THAN THE AUTHORIZED WEIGHT ALLOWANCE OF 12. SINCE THE SHIPMENT WAS MADE BY THE GOVERNMENT WITHOUT DETERMINING THE ACTUAL WEIGHT OF THE GOODS THE ESTIMATED WEIGHTS WILL NOT BE CONSIDERED AS CONTROLLING IN COMPUTING THE EXCESS COST TO BE PAID BY YOU AFTER THE ACTUAL WEIGHT OF THE SHIPMENT IS KNOWN.

B-126889, APR. 9, 1956

TO LIEUTENANT COLONEL WILLIAM K. BRECHT, USAF:

YOUR LETTER OF JANUARY 18, 1956, REQUESTS REVIEW OF SETTLEMENT DATED DECEMBER 12, 1955, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF THE AMOUNT PAID BY YOU TO THE GOVERNMENT AS EXCESS COST FOR TRANSPORTATION OF YOUR HOUSEHOLD EFFECTS FROM BELGRADE, YUGOSLAVIA, TO MCCLELLAN AIR FORCE BASE, CALIFORNIA.

BY PARAGRAPH 2, SPECIAL ORDERS NO. 57, DATED JULY 14, 1953, YOU WERE RELEASED FROM ASSIGNMENT AND DUTY WITH HEADQUARTERS COMMAND, UNITED STATES AIR FORCE, BELGRADE, YUGOSLAVIA, AND ASSIGNED TO DUTY AT HEADQUARTERS, SACRAMENTO AIR MATERIEL AREA, MCCLELLAND AIR FORCE BASE, CALIFORNIA. YOUR HOUSEHOLD EFFECTS, WHICH WERE PACKED IN 11 BOXES IN YUGOSLAVIA, WERE ESTIMATED TO WEIGH 22,050 POUNDS AND WERE SHIPPED TO THE YUGOSLAV-ITALIAN BORDER AT A COST TO THE GOVERNMENT OF $545.94. SINCE YOUR AUTHORIZED WEIGHT ALLOWANCE, INCLUDING 40 PERCENT FOR PACKING FOR BOAT SHIPMENT, WAS 12,600 POUNDS, THE EXCESS WEIGHT RESULTED IN EXCESS COST TO THE GOVERNMENT OF $233.51 FOR TRANSPORTATION. THAT AMOUNT HAS BEEN PAID BY YOU. YOU NOW CLAIM REFUND OF THAT AMOUNT ON THE BASIS THAT THE SHIPMENT WAS WEIGHED UPON ITS ARRIVAL AT MCCLELLAN AIR FORCE BASE AND THE TOTAL WEIGHT AS CERTIFIED BY THE DIRECTOR, SUPPLY AND SERVICES, TRANSPORTATION DIVISION, WAS 11,812 POUNDS, WHICH WAS LESS THAN THE AUTHORIZED WEIGHT ALLOWANCE OF 12,600 POUNDS.

SINCE THE SHIPMENT WAS MADE BY THE GOVERNMENT WITHOUT DETERMINING THE ACTUAL WEIGHT OF THE GOODS THE ESTIMATED WEIGHTS WILL NOT BE CONSIDERED AS CONTROLLING IN COMPUTING THE EXCESS COST TO BE PAID BY YOU AFTER THE ACTUAL WEIGHT OF THE SHIPMENT IS KNOWN. SINCE THE ACTUAL WEIGHT WAS LESS THAN THE AUTHORIZED ALLOWANCE, IT APPEARS THAT YOU SHOULD NOT HAVE BEEN REQUIRED TO REMIT THE ENTIRE AMOUNT OF $233.51. HOWEVER, PARAGRAPH 8000.2, JOINT TRAVEL REGULATIONS, PROHIBITS THE SHIPMENT OF MOTOR VEHICLES AS HOUSEHOLD EFFECTS AND, ACCORDINGLY, EVEN THOUGH NO EXCESS WEIGHT WAS INVOLVED, YOU ARE PERSONALLY RESPONSIBLE FOR FOR THE COST OF SHIPPING YOUR MOTOR SCOOTER WHICH WAS PACKED IN BOX NO. 11 AND WEIGHED 432 POUNDS.