B-131872, JUL. 18, 1957

B-131872: Jul 18, 1957

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YOU WERE TRANSFERRED FROM THE USS NORFOLK (EDL-1) AT PHILADELPHIA. A QUANTITY OF YOUR HOUSEHOLD GOODS WAS SHIPPED FROM PHILADELPHIA. AN ADDITIONAL QUANTITY WAS PACKED. YOU WERE CHARGED WITH THE EXCESS COST INVOLVED. THIS WAS IN ACCORDANCE WITH THE TERMS OF YOUR APPLICATION FOR SHIPMENT IN WHICH YOU AGREED TO CHECK AGE OF YOUR PAY ACCOUNT FOR ALL EXCESS COST INVOLVED OR TO PAY ON DEMAND ANY EXCESS COST INVOLVED. THE RECORD INDICATES THAT IN ACCORDANCE WITH THE USUAL PRACTICE WHEN MEMBERS OF THE UNIFORMED SERVICE ARE ORDERED TO DUTY OVERSEAS. WERE PACKED AND CRATED FOR FURTHER SHIPMENT. IN DETERMINING WHETHER EXCESS COST WAS INVOLVED IN HAULING YOUR EFFECTS TO LOCAL STORAGE. YOUR AUTHORIZED NET WEIGHT ALLOWANCE WAS INCREASED BY 40 PERCENT.

B-131872, JUL. 18, 1957

TO DURWARD C. FARSON, MMC, USN:

YOUR LETTER OF APRIL 30, 1957, REQUESTS REVIEW OF THE SETTLEMENT OF MARCH 6, 1957, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF $149.04 REPRESENTING THE AMOUNT COLLECTED FROM YOU AS THE EXCESS COST OF SHIPPING YOUR HOUSEHOLD EFFECTS TO NONTEMPORARY STORAGE.

BY ORDERS DATED OCTOBER 26, 1953, YOU WERE TRANSFERRED FROM THE USS NORFOLK (EDL-1) AT PHILADELPHIA, PENNSYLVANIA, TO THE USS ACM-12 ATRODMAN, CANAL ZONE, FOR DUTY. AT YOUR REQUEST, A QUANTITY OF YOUR HOUSEHOLD GOODS WAS SHIPPED FROM PHILADELPHIA, PENNSYLVANIA, TO BAYONNE, NEW JERSEY, AND THENCE, APPARENTLY, TO THE CANAL ZONE. AN ADDITIONAL QUANTITY WAS PACKED, CRATED, AND HAULED TO LOCAL NONTEMPORARY STORAGE. SINCE THE LATTER SHIPMENT EXCEEDED THE BALANCE OF YOUR AUTHORIZED WEIGHT ALLOWANCE, YOU WERE CHARGED WITH THE EXCESS COST INVOLVED. THIS WAS IN ACCORDANCE WITH THE TERMS OF YOUR APPLICATION FOR SHIPMENT IN WHICH YOU AGREED TO CHECK AGE OF YOUR PAY ACCOUNT FOR ALL EXCESS COST INVOLVED OR TO PAY ON DEMAND ANY EXCESS COST INVOLVED.

THE RECORD INDICATES THAT IN ACCORDANCE WITH THE USUAL PRACTICE WHEN MEMBERS OF THE UNIFORMED SERVICE ARE ORDERED TO DUTY OVERSEAS, ALL OF YOUR EFFECTS, INCLUDING THOSE HAULED TO LOCAL STORAGE, WERE PACKED AND CRATED FOR FURTHER SHIPMENT. THEREFORE, IN DETERMINING WHETHER EXCESS COST WAS INVOLVED IN HAULING YOUR EFFECTS TO LOCAL STORAGE, YOUR AUTHORIZED NET WEIGHT ALLOWANCE WAS INCREASED BY 40 PERCENT, THE PERCENTAGE AUTHORIZED BY REGULATIONS AS AN ALLOWANCE TO COVER THE WEIGHT OF MATERIALS USED IN PACKING AND CRATING FOR FREIGHT SHIPMENT. SUBSEQUENTLY, YOUR EFFECTS WERE SHIPPED FROM PHILADELPHIA, PENNSYLVANIA, TO NORFOLK, VIRGINIA, APPARENTLY PURSUANT TO CHANGE OF STATION ORDERS NOT HERE INVOLVED. UPON YOUR REQUEST AND BECAUSE OF YOUR INSISTENCE THAT THE PACKING MATERIAL USED IN CRATING YOUR EFFECTS WAS EXCESSIVE, THEY WERE REWEIGHED AT NORFOLK ON SEPTEMBER 4, 1956. ON THE BASIS OF A COMPARISON OF THE WEIGHT OF THE TRUCK AND PACKED GOODS WITH THE WEIGHT OF THE TRUCK AND PACKING MATERIALS, YOU BELIEVE THE EXCESS COST SHOULD BE REFUNDED TO YOU.

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 WEIGHT, 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 VAN, AND BY 40 PERCENT FOR SHIPMENT BY RAIL OR WATER.

THE 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 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 EXPENSES 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. SINCE THE WEIGHT OF YOUR HOUSEHOLD GOODS AS SHIPPED EXCEEDED YOUR NET 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 MATERIAL USED IN PACKING AND CRATING.