B-131988, AUG. 5, 1957

B-131988, AUG. 5, 1957

TO CAPTAIN J. M. COPPELETTA:

REFERENCE IS MADE TO YOUR LETTER DATED APRIL 15, 1957, FORWARDED TO US BY THE DEPARTMENT OF THE NAVY. YOU REQUEST REVIEW OF OUR SETTLEMENT DATED FEBRUARY 7, 1957, BY WHICH YOU WERE ALLOWED THE SUM OF $14.97 AS PARTIAL REFUND OF EXCESS COST PAID BY YOU TO THE GOVERNMENT FOR SHIPMENT OF YOUR HOUSEHOLD EFFECTS INCIDENT TO YOUR ORDERS OF MAY 7, 1953.

BY THOSE ORDERS YOU WERE DETACHED FROM DUTY UNDER INSTRUCTION AT THE JOHNS HOPKINS UNIVERSITY, BALTIMORE, MARYLAND, AND ASSIGNED TO DUTY WITH HEADQUARTERS SUPPORT ACTIVITIES, NAVY NO. 510. PURSUANT TO YOUR APPLICATION IN WHICH YOU AGREED TO PAY ALL COSTS NOT AUTHORIZED BY REGULATIONS TO BE PAID BY THE GOVERNMENT, PART OF YOUR EFFECTS WERE PACKED AND SHIPPED BY FREIGHT TO SCOTIA, NEW YORK, AND PART TO YOUR OVERSEAS STATION. YOUR NET WEIGHT ALLOWANCE WAS 9,000 POUNDS. YOU EXHAUSTED 745 POUNDS (931 POUNDS LESS 1/5 OR 186 POUNDS) BY THE SHIPMENT TO SCOTIA, NEW YORK. THIS LEFT A NET BALANCE OF 8,255 POUNDS. THE OVERSEAS SHIPMENT CONSISTED OF 1,817 POUNDS PACKED IN GOVERNMENT CONTAINERS (2,863 POUNDS LESS TARE 725 POUNDS LESS 15 PERCENT). THIS LEFT A NET BALANCE OF 6,438 POUNDS IN YOUR AUTHORIZED WEIGHT ALLOWANCE. THE REMAINDER OF YOUR EFFECTS IN THIS SHIPMENT WEIGHED 18,239 POUNDS. IN ADDITION TO YOUR NET BALANCE OF 6,438 POUNDS YOU WERE ALLOWED 40 PERCENT FOR WATER SHIPMENT PLUS 4,141 POUNDS FOR PROFESSIONAL BOOKS, MAKING A TOTAL OF 13,154 POUNDS. THIS RESULTED IN EXCESS WEIGHT OF 5,085 POUNDS (18,239 POUNDS LESS 13,154 POUNDS). THE EXCESS TRANSPORTATION COST CHARGEABLE TO YOU, COMPUTED ON THE BASIS OF 5,085 POUNDS AT $1.02 PER HUNDRED POUNDS, WAS $51.87. THE PORTION OF THE HANDLING CHARGES FOR PACKING, CRATING AND HAULING WAS $332.02. THE TOTAL EXCESS COST CHARGEABLE TO YOU WAS $383.89 ($51.87 PLUS $332.02) WHICH YOU REPAID TO THE GOVERNMENT. YOU CLAIMED REFUND OF THIS AMOUNT.

BY SETTLEMENT DATED FEBRUARY 7, 1957, YOU WERE ALLOWED A PARTIAL REFUND OF $14.97 AS A RESULT OF OUR RECOMPUTATION WHICH SHOWED THAT INVENTORY OF BOXES FOR SHIPMENT NO. 2 AS 20,904 POUNDS WAS ERRONEOUSLY ADDED AS 21,102 POUNDS. YOU NOW CLAIM REFUND OF AT LEAST 50 PERCENT OR MORE OF THE $383.89 WHICH YOU PAID FOR EXCESS WEIGHT. THE MAIN BASIS OF YOUR CLAIM APPEARS TO BE THAT THE EXCESS COST WHICH RESULTED FROM THE SHIPMENT OF YOUR EFFECTS WAS DUE TO THE EXCESSIVE WEIGHT OF THE PACKING MATERIALS WHICH WERE USED IN PACKING YOUR EFFECTS FOR SHIPMENT TO YOUR OVERSEAS DUTY STATION. YOU SAY THAT YOU WILL WEIGH EACH ITEM OF YOUR HOUSEHOLD EFFECTS CURRENTLY LOCATED IN NAPLES IN ORDER TO ARRIVE AT AN ACCURATE TOTAL NET WEIGHT.

SECTION 303 (E) 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 REGULATION 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 FIVE 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 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 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.

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. ACCORDINGLY, THERE IS NO AUTHORITY FOR PAYMENT OF YOUR CLAIM AND THE WEIGHING OF YOUR EFFECTS WOULD SERVE NO USEFUL PURPOSE.