B-128000, AUG. 6, 1956

B-128000: Aug 6, 1956

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YOU WERE DETACHED FROM DUTY AT THE NAVAL TRAINING CENTER. YOUR NET WEIGHT ALLOWANCE FOR SHIPMENT OF HOUSEHOLD EFFECTS WAS 9. THREE SHIPMENTS WERE MADE. THE TOTAL OF THIS SHIPMENT WAS 5. THE TOTAL OF SHIPMENTS NO. 1 AND NO. 2 WAS 5. 498 POUNDS) INCREASED 25 PERCENT FOR PACKING WAS 4. THIS WAS REDUCED TO $272.91 WHEN THE SUM OF $41.25 WAS REFUNDED TO YOU FOR THE REASON THAT THE COMPUTATION OF THE EXCESS WEIGHT DID NOT GIVE CREDIT FOR 500 POUNDS OF PROFESSIONAL BOOKS SHIPPED FROM CHICAGO TO SEATTLE. WHICH WAS NOT CHARGEABLE AGAINST YOUR WEIGHT ALLOWANCE. YOU CONTEND THAT THE MATHEMATICAL FORMULA PRESCRIBED BY THE JOINT TRAVEL REGULATIONS TO DETERMINE WHETHER OR NOT EXCESS WEIGHT IS INVOLVED HAS APPLICATION ONLY IN INSTANCES WHERE THE ACTUAL NET WEIGHT OF PROPERTY SHIPPED CANNOT BE DETERMINED.

B-128000, AUG. 6, 1956

TO COMMANDER PERCY H. BLISS, USN:

YOUR LETTER OF APRIL 10, 1956, REQUESTS REVIEW OF SETTLEMENT DATED DECEMBER 16, 1955, WHICH DISALLOWED YOUR CLAIM FOR $272.91 REPRESENTING THE AMOUNT PAID BY YOU TO THE GOVERNMENT AS EXCESS COST FOR PACKING, CRATING AND HAULING YOUR HOUSEHOLD EFFECTS FROM LIBERTYVILLE, ILLINOIS, TO NONTEMPORARY STORAGE AT GREAT LAKES, ILLINOIS.

BY ORDERS DATED SEPTEMBER 22, 1952, YOU WERE DETACHED FROM DUTY AT THE NAVAL TRAINING CENTER, GREAT LAKES, ILLINOIS, AND ASSIGNED TO DUTY AT KODIAK, ALASKA. YOUR NET WEIGHT ALLOWANCE FOR SHIPMENT OF HOUSEHOLD EFFECTS WAS 9,000 POUNDS. THREE SHIPMENTS WERE MADE. YOU EXHAUSTED 339 POUNDS (474 POUNDS LESS TWO-SEVENTHS FOR PACKING FOR EXPRESS SHIPMENT) BY THE FIRST SHIPMENT. SHIPMENT NO. 2 CONSISTED OF TWO SEPARATE ITEMS. GOVERNMENT CONTAINER CONTAINING 4,510 POUNDS OF EFFECTS LESS 15 PERCENT FOR PACKING OR 3,833 POUNDS AND OTHER EFFECTS WEIGHING 1,862 POUNDS LESS TWO-SEVENTHS FOR PACKING OR 1,330 POUNDS. THE TOTAL OF THIS SHIPMENT WAS 5,163 POUNDS. THE TOTAL OF SHIPMENTS NO. 1 AND NO. 2 WAS 5,502 POUNDS. THE BALANCE OF YOUR WEIGHT ALLOWANCE (3,498 POUNDS) INCREASED 25 PERCENT FOR PACKING WAS 4,373 POUNDS. SINCE THE LAST SHIPMENT CONSISTED OF 8,181 POUNDS YOU EXCEEDED YOUR ALLOWANCE BY 3,808 POUNDS, RESULTING IN AN EXCESS COST OF $314.16. THIS WAS REDUCED TO $272.91 WHEN THE SUM OF $41.25 WAS REFUNDED TO YOU FOR THE REASON THAT THE COMPUTATION OF THE EXCESS WEIGHT DID NOT GIVE CREDIT FOR 500 POUNDS OF PROFESSIONAL BOOKS SHIPPED FROM CHICAGO TO SEATTLE, WHICH WAS NOT CHARGEABLE AGAINST YOUR WEIGHT ALLOWANCE.

YOU CONTEND THAT THE MATHEMATICAL FORMULA PRESCRIBED BY THE JOINT TRAVEL REGULATIONS TO DETERMINE WHETHER OR NOT EXCESS WEIGHT IS INVOLVED HAS APPLICATION ONLY IN INSTANCES WHERE THE ACTUAL NET WEIGHT OF PROPERTY SHIPPED CANNOT BE DETERMINED. IN THIS CONNECTION YOU SAY THAT WHEN YOUR EFFECTS WERE SHIPPED FROM KODIAK, ALASKA, TO OAKLAND, CALIFORNIA, UPON A SUBSEQUENT CHANGE OF STATION, YOU HAD ALL THE PACKING MATERIALS WEIGHED PRIOR TO TAKING DELIVERY OF THE SHIPMENT. IT WAS DETERMINED THAT THE NET WEIGHT OF YOUR HOUSEHOLD EFFECTS (WITH THE EXCEPTION OF A DEEP FREEZE UNIT) WAS 9,483 POUNDS, INCLUDING 500 POUNDS OF PROFESSIONAL BOOKS. THEREFORE, IT IS YOUR VIEW THAT THE EXCESS COST WHICH RESULTED FROM THE SHIPMENT OF YOUR EFFECTS INCIDENT TO YOUR ASSIGNMENT IN KODIAK WAS DUE TO THE EXCESSIVE WEIGHT OF THE PACKING MATERIALS AND THAT YOU SHOULD NOT BE HELD RESPONSIBLE FOR SUCH EXCESS COSTS.

IT OBVIOUSLY IS NOT PRACTICAL TO WEIGH BEFORE PACKING AT ORIGIN OR AFTER UNPACKING AT DESTINATION EACH OF THE MANY SHIPMENTS OF EFFECTS MADE FOR SERVICE PERSONNEL AND TO COMPUTE EXCESS COST ON THE BASIS OF THE ACTUAL WEIGHT SO OBTAINED. PARAGRAPH 8001 OF THE JOINT TRAVEL REGULATIONS, GOVERNING THE PACKING, CRATING AND SHIPMENT OF HOUSEHOLD EFFECTS AT THE TIME YOUR HOUSEHOLD EFFECTS WERE SHIPPED, PROVIDES THAT, WITH ORDINARY PACKING AND CRATING METHODS, HOUSEHOLD GOODS OF MILITARY PERSONNEL, NOT IN EXCESS OF THE WEIGHT LIMITS 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 BASIS 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 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.

WHILE THE ACTUAL WEIGHT OF PACKING MATERIALS NECESSARY TO INSURE SAFE SHIPMENT MIGHT EXCEED THE ADDITIONAL WEIGHT AUTHORIZED, WE ARE NOT IN A POSITION TO DETERMINE THAT, WITH RESPECT TO A PARTICULAR SHIPMENT, EXCESS WEIGHT OF THE SHIPMENT RESULTED FROM THE MANNER IN WHICH THE EFFECTS WERE PACKED.

THE COMPUTATION OF EXCESS COST OF $272.91 AS SET OUT ABOVE WAS PROPER UNDER THE REGULATIONS IRRESPECTIVE OF THE ACTUAL NET WEIGHT OF HOUSEHOLD GOOD SHIPPED.

ACCORDINGLY, THE SETTLEMENT OF DECEMBER 16, 1955, WAS CORRECT AND IS SUSTAINED.