B-127468, JUL. 5, 1956

B-127468: Jul 5, 1956

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YOU WERE TRANSFERRED FROM DUTY ABOARD THE U.S.S. A QUANTITY OF YOUR HOUSEHOLD EFFECTS WAS PACKED. THE REMAINDER WAS PACKED. YOU WERE CHARGED WITH THE EXCESS COST INCURRED. A FULL EXPLANATION OF THE COMPUTATION OF EXCESS COST WAS FURNISHED YOU BY THE DEPARTMENT OF THE NAVY BY LETTER OF MAY 24. CHECK AGE OF THE AMOUNT INVOLVED WAS EFFECTED IN YOUR PAY ACCOUNT. YOUR CLAIM FOR REFUND WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE FOR THE REASONS STATED THEREIN. ARE AUTHORIZED FOR SHIPMENT. SUCH WEIGHTS ARE SET FORTH FOR VARIOUS RANKS AND GRADES AND PROVISION IS MADE FOR A PERCENTAGE INCREASE TO ALLOW FOR PACKING AND CRATING. THE AUTHORIZED NET WEIGHT OF HOUSEHOLD EFFECTS WHICH MAY BE SHIPPED AT PUBLIC EXPENSE IS INCREASED BY 5 PERCENT FOR SHIPMENT BY VAN.

B-127468, JUL. 5, 1956

TO CAPTAIN R. L. FOWLER, USN:

YOUR LETTER POSTMARKED MARCH 13, 1956, REQUESTS REVIEW OF OUR SETTLEMENT OF OCTOBER 3, 1955, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF $448.75 REPRESENTING THE EXCESS COST OF SHIPPING YOUR HOUSEHOLD EFFECTS UNDER THE CIRCUMSTANCES SHOWN BELOW.

BY ORDERS DATED AUGUST 8, 1953, YOU WERE TRANSFERRED FROM DUTY ABOARD THE U.S.S. LEYTE (CVA-32), TO LONDON, ENGLAND, FOR DUTY. AT YOUR REQUEST, A QUANTITY OF YOUR HOUSEHOLD EFFECTS WAS PACKED, CRATED AND SHIPPED TO LONDON, ENGLAND, AND THE REMAINDER WAS PACKED, CRATED AND SHIPPED TO NONTEMPORARY STORAGE IN THE UNITED STATES. SINCE THE WEIGHT EXCEEDED YOUR WEIGHT ALLOWANCE, YOU WERE CHARGED WITH THE EXCESS COST INCURRED. A FULL EXPLANATION OF THE COMPUTATION OF EXCESS COST WAS FURNISHED YOU BY THE DEPARTMENT OF THE NAVY BY LETTER OF MAY 24, 1954, AND CHECK AGE OF THE AMOUNT INVOLVED WAS EFFECTED IN YOUR PAY ACCOUNT. YOUR CLAIM FOR REFUND WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE FOR THE REASONS STATED THEREIN.

IN YOUR PRESENT LETTER YOU STATE THAT THE WEIGHT OF YOUR EFFECTS ON THE SHIPMENTS HERE INVOLVED FAR EXCEEDED THE WEIGHT OF THE SAME EFFECTS UPON A PRIOR SHIPMENT FROM CORPUS CHRISTI, TEXAS, TO PROVIDENCE, RHODE ISLAND, BY VAN, AND REQUEST THAT THE EXCESS COST BE RECOMPUTED ON THE WEIGHT AS SHOWN ON THAT SHIPMENT. ALSO, YOU REFER TO AN EARLIER LETTER (MARCH 22, 1955) IN WHICH YOU CONTENDED THAT THE INCREASED WEIGHT RESULTED FROM EXCESSIVE PACKING. IN THE EARLIER LETTER YOU SPECIFICALLY MENTIONED THAT THE SHIPMENTS ARRIVED IN LONDON IN "HUGE 1 1/2 INCH THICK WALLED CRATES" WITH CONSIDERABLE PACKING BETWEEN INNER CRATES.

SECTION 303/C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES THAT, UNDER SUCH CONDITIONS AND LIMITATIONS AS THE SECRETARIES MAY PRESCRIBE, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO TRANSPORTATION OF HOUSEHOLD EFFECTS IN CONNECTION WITH A CHANGE OF STATION. JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO THAT AUTHORITY PROVIDE (PARAGRAPH 8001) THAT HOUSEHOLD EFFECTS WITHIN SPECIFIED WEIGHT ALLOWANCES, DESIGNATED AS ACTUAL NET WEIGHTS, ARE AUTHORIZED FOR SHIPMENT. SUCH WEIGHTS ARE SET FORTH FOR VARIOUS RANKS AND GRADES AND PROVISION IS MADE FOR A PERCENTAGE INCREASE TO ALLOW FOR PACKING AND CRATING. UNDER THAT PROVISION, THE AUTHORIZED NET WEIGHT OF HOUSEHOLD EFFECTS WHICH MAY BE SHIPPED AT PUBLIC EXPENSE IS INCREASED BY 5 PERCENT FOR SHIPMENT BY VAN, AND BY 40 PERCENT FOR SHIPMENT BY RAIL OR WATER. THE REGULATIONS FURTHER PROVIDE (SAME PARAGRAPH) THAT WHEN SPECIALLY DESIGNED HOUSEHOLD GOODS SHIPPING BOXES, LIFT VANS, OR TRANSPORTERS ARE USED, THE DIFFERENCE BETWEEN THE WEIGHT OF THE CONTAINER WHEN LOADED AND WHEN EMPTY (THAT IS, THE WEIGHT OF GOODS IN THE CONTAINER) WILL BE REDUCED BY 15 PERCENT TO ALLOW FOR THE WEIGHT OF THE PACKING MATERIALS WITHIN THE CONTAINER.

THE REGULATIONS CONTEMPLATE THE SHIPMENT AT GOVERNMENT EXPENSE OF HOUSEHOLD GOODS, AS PACKED FOR SHIPMENT, AT NOT TO EXCEED AN OVER-ALL WEIGHT ALLOWANCE OF NET WEIGHT PLUS AN ALLOWANCE FOR PACKING AND CRATING. SUCH OVER-ALL 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 THE ACTUAL NET WEIGHT OF THE GOODS SHIPPED EXCEEDS THE NET WEIGHT ALLOWANCE SET FORTH IN THE REGULATIONS. WEIGHTS EXCEEDING THE MAXIMUM OVER-ALL WEIGHT ARE PROPERLY CHARGEABLE TO THE SHIPPER. OUR ACTION ON YOUR CLAIM MAY NOT BE AFFECTED BY THE WEIGHT OF PRIOR SHIPMENTS NOR ARE WE AUTHORIZED TO MAKE ANY ADJUSTMENT FOR PACKING IN EXCESS OF THAT BELIEVED BY THE CLAIMANT TO HAVE BEEN NECESSARY.

SINCE THE WEIGHT OF YOUR HOUSEHOLD GOODS AS SHIPPED EXCEEDED YOUR WEIGHT ALLOWANCE PLUS THE ALLOWANCE FOR PACKING AND CRATING, YOU WERE PROPERLY CHARGED WITH THE EXCESS COST OF THE SHIPMENT IRRESPECTIVE OF THE ACTUAL WEIGHT OF THE MATERIALS USED IN PACKING AND CRATING. ACCORDINGLY, THERE IS NO AUTHORITY FOR PAYMENT OF YOUR CLAIM.