B-131659, JUL. 3, 1957

B-131659: Jul 3, 1957

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WHICH DISALLOWED YOUR CLAIM FOR REFUND OF THE SUM OF $464.50 ALLEGED TO HAVE BEEN COLLECTED FROM YOUR PAY ACCOUNT AS EXCESS COST FOR HAULING. THE RECORD SHOWS THAT YOU WERE ASSIGNED TO ACTIVE DUTY OUTSIDE THE CONTINENTAL UNITED STATES WHEN. WAS SHIPPED FROM BATTLE CREEK. THE BALANCE WAS PACKED AND SHIPPED TO GOVERNMENT STORAGE. THREE SHIPMENTS WERE MADE. TWO SHIPMENTS WERE PACKED. A THIRD SHIPMENT WAS PACKED AND SHIPPED TO STORAGE AT COLUMBUS. SINCE THE TOTAL NET WEIGHT OF ALL EFFECTS WHICH ARE SHOWN TO HAVE BEEN TRANSPORTED TO A WAREHOUSE WHERE THEY WERE PACKED AND CRATED FOR EXPORT OR FOR SHIPMENT TO STORAGE EXCEEDED YOUR AUTHORIZED WEIGHT ALLOWANCE OF 6. YOU WERE ASSESSED EXCESS COSTS TOTALING $464.56.

B-131659, JUL. 3, 1957

TO MASTER SERGEANT WILLIAM O. HULL:

YOUR LETTER OF APRIL 2, 1957, REQUESTS RECONSIDERATION OF OUR SETTLEMENT DATED OCTOBER 15, 1956, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF THE SUM OF $464.50 ALLEGED TO HAVE BEEN COLLECTED FROM YOUR PAY ACCOUNT AS EXCESS COST FOR HAULING, PACKING, AND CRATING YOUR HOUSEHOLD GOODS AND FOR SHIPMENT OF THESE EFFECTS TO YOUR OVERSEAS STATION AND TO PLACE OF STORAGE.

THE RECORD SHOWS THAT YOU WERE ASSIGNED TO ACTIVE DUTY OUTSIDE THE CONTINENTAL UNITED STATES WHEN, IN JULY 1954, A PART OF YOUR HOUSEHOLD EFFECTS, UPON YOUR REQUEST, WAS SHIPPED FROM BATTLE CREEK, MICHIGAN, TO AN OVERSEAS DESTINATION, AND THE BALANCE WAS PACKED AND SHIPPED TO GOVERNMENT STORAGE. THREE SHIPMENTS WERE MADE, TWO SHIPMENTS WERE PACKED, CRATED, AND TRANSPORTED OVERSEAS, AND A THIRD SHIPMENT WAS PACKED AND SHIPPED TO STORAGE AT COLUMBUS, OHIO. SINCE THE TOTAL NET WEIGHT OF ALL EFFECTS WHICH ARE SHOWN TO HAVE BEEN TRANSPORTED TO A WAREHOUSE WHERE THEY WERE PACKED AND CRATED FOR EXPORT OR FOR SHIPMENT TO STORAGE EXCEEDED YOUR AUTHORIZED WEIGHT ALLOWANCE OF 6,000 POUNDS, YOU WERE ASSESSED EXCESS COSTS TOTALING $464.56. IN YOUR LETTER OF APRIL 2, 1957, YOU REQUEST INFORMATION SHOWING HOW SUCH EXCESS COSTS WERE COMPUTED.

PARAGRAPH 8001, JOINT TRAVEL REGULATIONS IN EFFECT DURING JULY 1954, PROVIDES THAT HOUSEHOLD GOODS WITHIN PRESCRIBED WEIGHT ALLOWANCES, DESIGNATED AS ACTUAL NET WEIGHT, MAY BE SHIPPED AT GOVERNMENT EXPENSE. THE REGULATIONS SET FORTH THE WEIGHT ALLOWANCES FOR THE VARIOUS RANKS AND GRADES OF MILITARY PERSONNEL, AND PROVISION IS MADE FOR PERCENTAGE INCREASES OF THOSE BASIC WEIGHT ALLOWANCES FOR DIFFERENT TYPES OF SHIPMENT TO ALLOW FOR ADDITIONAL WEIGHT FOR PACKING AND CRATING. WHEN SHIPMENT IS MADE IN ESPECIALLY DESIGNED CONTAINERS SUCH AS HOUSEHOLD GOODS SHIPPING BOXES, LIFT VANS, OR TRANSPORTERS, THE DIFFERENCE BETWEEN THE GROSS WEIGHT AND THE TARE WEIGHT WILL BE REDUCED BY 15 PERCENT TO ALLOW FOR THE WEIGHT OF THE PACKING MATERIAL WITHIN SUCH CONTAINER TO ESTABLISH THE NET WEIGHT OF THE SHIPMENT. THE REGULATIONS FURTHER PROVIDE THAT ON ANY OCCASION WHERE THE HOUSEHOLD GOODS ARE SHIPPED UNPACKED AND UNCRATED BY MOTOR VAN OR FREIGHT FORWARDER, 1 (5 PERCENT) WILL BE SUBTRACTED FROM THE

21 (105 PERCENT) GROSS WEIGHT OF THE SHIPMENT IN ORDER TO ASCERTAIN THE NET WEIGHT OF SUCH EFFECTS.

THE REGULATIONS CONTEMPLATE 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 EQUALS THE NET WEIGHT ALLOWANCE SET FORTH IN THE REGULATIONS. WEIGHTS EXCEEDING THE MAXIMUM OVER-ALL WEIGHT ARE PROPERLY CHARGEABLE TO THE SHIPPER.

YOUR HOUSEHOLD GOODS ARE SHOWN TO HAVE WEIGHED 8,040 POUNDS WHEN MOVED BY MOTOR VAN TO THE WAREHOUSE AT ORIGIN. SINCE THE NET WEIGHT THEREOF WAS 7,658 POUNDS--- 8,040 LESS 1/21--- (PARAGRAPH 8001, CHANGE 23, EFFECTIVE MAY 1, 1954), YOUR EXCESS CARTAGE COST THEREON IS $22.41 OR 1658/7658 OF $103.52, THE SUM SHOWN TO HAVE BEEN EXPENDED FOR CARTAGE INCLUDING 3 PERCENT TRANSPORTATION TAX.

PARAGRAPH 8100 OF THE CITED REGULATIONS PROVIDES THAT EACH SHIPMENT SHALL BE NUMBERED IN CHRONOLOGICAL ORDER AND THAT WHERE THERE ARE TWO OR MORE SHIPMENTS UNDER THE SAME CHANGE OF STATION ORDERS ON WHICH EXCESS WEIGHT IS INVOLVED, THE EXCESS COST WILL BE COMPUTED UPON THE SHIPMENT WHICH CONTAINED THE EXCESS WEIGHT AS DETERMINED FROM SUCH CHRONOLOGICAL SEQUENCE.

THE AGGREGATE NET WEIGHT OF SHIPMENTS NOS. 1 AND 2, WHICH WERE MOVED OVERSEAS WAS 1,777 POUNDS. THUS, THE BALANCE OF YOUR AUTHORIZED NET WEIGHT ALLOWANCE WAS 4,223 POUNDS (6,000 LESS 1,777). THE GROSS WEIGHT OF HOUSEHOLD GOODS WHICH WERE PACKED, CRATED, AND SHIPPED TO STORAGE IN ESPECIALLY DESIGNED CONTAINERS WAS 11,768 POUNDS. THE NET WEIGHT THEREOF WAS 6,077 POUNDS (11,768 LESS TARE 4,619, LESS A DEDUCTION OF 15 PERCENT FOR THE CONSTRUCTIVE WEIGHT OF PACKING MATERIAL), OR 1,854 POUNDS IN EXCESS OF YOUR AUTHORIZED WEIGHT ALLOWANCE. IN VIEW THEREOF, AND SINCE THE GOVERNMENT IS SHOWN TO HAVE EXPENDED $1,215.06 FOR PACKING, CRATING, AND SHIPPING YOUR HOUSEHOLD GOODS TO STORAGE, THE EXCESS COST CHARGEABLE TO YOU BECAUSE OF EXCESS WEIGHT IS 1854/6077 OF $1,215.06 OR $370.70. ACCORDINGLY, UPON RECOMPUTATION, IT IS FOUND THAT THE SUM OF $393.11 ($22.41 PLUS $370.70) IS THE EXCESS COST PROPERLY CHARGEABLE TO YOU FOR HAULING, PACKING, CRATING AND SHIPPING EFFECTS WEIGHING IN EXCESS OF 6,000 POUNDS, YOUR AUTHORIZED WEIGHT ALLOWANCE.

NO BASIS EXISTS FOR THE COLLECTION OF ANY AMOUNT IN EXCESS OF THE SUM HEREINABOVE INDICATED. IF, UPON VERIFICATION OF THE TOTAL SUM ALREADY COLLECTED IT IS FOUND THAT AN OVERCOLLECTION HAS BEEN EFFECTED, A SUPPLEMENTAL SETTLEMENT WILL ISSUE IN YOUR FAVOR AS SOON AS PRACTICABLE TO COVER ..END :