B-137289, SEP 23, 1958

B-137289: Sep 23, 1958

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YOU WERE TRANSFERRED FROM YOUR DUTY STATION AT CORPUS CHRISTI. PART OF YOUR EFFECTS WERE PACKED AND SHIPPED BY FREIGHT TO YOUR TEMPORARY DUTY STATION AT ALBUQUERQUE AND PART TO YOUR PERMANENT DUTY STATION. YOUR AUTHORIZED TEMPORARY NET WEIGHT ALLOWANCE WAS 400 POUNDS PLUS 40 PERCENT FOR PACKING OR 560 POUNDS. THE BILL OF LADING SHOWS THE WEIGHT OF THIS SHIPMENT WAS 830 POUNDS. THIS RESULTED IN EXCESS WEIGHT OF 270 POUNDS (830 POUNDS LESS 560 POUNDS) FOR WHICH YOU WERE CHARGED EXCESS COST IN THE AMOUNT OF $23.92 WHICH AMOUNT YOU NOW CLAIM. YOU CONTEND THAT THE EXCESS COST WAS DUE TO THE EXCESSIVE WEIGHT OF THE PACKING MATERIALS IN SUPPORT OF WHICH YOU FURNISHED US A STATEMENT FROM THE TRANSPORTATION OFFICER.

B-137289, SEP 23, 1958

PRECIS-UNAVAILABLE

RALPH E. NEWSOM, EMC, USN:

YOUR LETTER OF AUGUST 19, 1958, REQUESTS REVIEW OF SETTLEMENT DATED AUGUST 11, 1958, WHICH DISALLOWED YOUR CLAIM FOR 23.92 REPRESENTING THE AMOUNT PAID BY YOU TO THE GOVERNMENT AS EXCESS COST OF PACKING, CRATING, AND HAULING YOUR HOUSEHOLD EFFECTS FROM CORPUS CHRISTI, TEXAS, TO ALBUQUERQUE, NEW MEXICO.

BY ORDERS DATED DECEMBER 6, 1956, YOU WERE TRANSFERRED FROM YOUR DUTY STATION AT CORPUS CHRISTI, TEXAS, TO SAN DIEGO, CALIFORNIA, WITH TEMPORARY DUTY EN ROUTE AT ALBUQUERQUE, NEW MEXICO. PURSUANT TO YOUR APPLICATION DATED DECEMBER 17, 1956, 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 YOUR TEMPORARY DUTY STATION AT ALBUQUERQUE AND PART TO YOUR PERMANENT DUTY STATION. YOUR AUTHORIZED TEMPORARY NET WEIGHT ALLOWANCE WAS 400 POUNDS PLUS 40 PERCENT FOR PACKING OR 560 POUNDS. THE BILL OF LADING SHOWS THE WEIGHT OF THIS SHIPMENT WAS 830 POUNDS. THIS RESULTED IN EXCESS WEIGHT OF 270 POUNDS (830 POUNDS LESS 560 POUNDS) FOR WHICH YOU WERE CHARGED EXCESS COST IN THE AMOUNT OF $23.92 WHICH AMOUNT YOU NOW CLAIM. YOU CONTEND THAT THE EXCESS COST WAS DUE TO THE EXCESSIVE WEIGHT OF THE PACKING MATERIALS IN SUPPORT OF WHICH YOU FURNISHED US A STATEMENT FROM THE TRANSPORTATION OFFICER, SANDIA BASE, ALBUQUERQUE, NEW MEXICO, WHICH STATES THAT THE SHIPMENT WAS REWEIGHED ON MILITARY SCALES AT ALBUQUERQUE, AND THAT THE WEIGHT WITHOUT PACKING OR CRATING WAS 373 POUNDS.

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 BASIC 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 PACKED FOR SHIPMENT, AT NOT TO EXCEED AN OVERALL WEIGHT ALLOWANCE OF 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 COMPENENT 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.

ACCORDINGLY, THE SETTLEMENT OF AUGUST 11, 1958, WAS CORRECT AND IS SUSTAINED.