B-140075, JUL. 23, 1959

B-140075: Jul 23, 1959

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YOU WERE TRANSFERRED FROM YOUR OVERSEAS DUTY STATION TO DAVIS-MONTHAN AIR FORCE BASE. AT YOUR REQUEST A QUANTITY OF HOUSEHOLD EFFECTS WERE PACKED. CRATED AND SHIPPED FROM YOUR OVERSEAS STATION TO DAVIS-MONTHAN AIR FORCE BASE AND ANOTHER SHIPMENT WAS PACKED. YOU WERE CHARGED WITH THE EXCESS COST INCURRED. A FULL EXPLANATION OF THE COMPUTATION OF THE EXCESS COST WAS FURNISHED YOU BY THE TRANSPORTATION DIVISION. CHECK AGE OF THE AMOUNT INVOLVED WAS EFFECTED IN YOUR PAY ACCOUNT. YOUR CLAIM FOR REFUND WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE FOR THE REASONS STATED THERETO. IN YOUR PRESENT LETTER YOU SAY THAT THE WEIGHT OF YOUR EFFECTS SHIPPED IN CONNECTION WITH AN EARLIER PERMANENT CHANGE OF STATION WAS WITHIN YOUR AUTHORIZED WEIGHT LIMITATION AND YOU BELIEVE THAT THE EXCESS WEIGHT IN THIS CASE IS DUE TO AN ERROR IN WEIGHING AND/OR TYPING WHICH MAY HAVE BEEN MADE BY CARRIERS HANDLING THE SHIPMENT OR TO EXCESSIVE PACKING USED BY THE NORWEGIAN TRANSFER COMPANY BECAUSE OF THEIR THOROUGHNESS IN PREPARING AN OVERSEAS SHIPMENT.

B-140075, JUL. 23, 1959

TO MAJOR MARSHALL E. HANSON, USAF:

YOUR LETTER OF JUNE 2, 1959, REQUESTS REVIEW OF OUR SETTLEMENT DATED MAY 6, 1959, WHICH DISALLOWED YOUR CLAIM FOR $71.99 REPRESENTING THE AMOUNT PAID BY YOU TO THE GOVERNMENT AS EXCESS COST OF SHIPPING YOUR HOUSEHOLD GOODS UNDER THE CIRCUMSTANCES SHOWN BELOW.

BY ORDERS DATED APRIL 1, 1958, YOU WERE TRANSFERRED FROM YOUR OVERSEAS DUTY STATION TO DAVIS-MONTHAN AIR FORCE BASE, ARIZONA. AT YOUR REQUEST A QUANTITY OF HOUSEHOLD EFFECTS WERE PACKED, CRATED AND SHIPPED FROM YOUR OVERSEAS STATION TO DAVIS-MONTHAN AIR FORCE BASE AND ANOTHER SHIPMENT WAS PACKED, CRATED AND SHIPPED TO THE LATTER PLACE FROM FAIRCHILD, WASHINGTON. SINCE THE WEIGHT OF YOUR EFFECTS EXCEEDED YOUR WEIGHT ALLOWANCE, YOU WERE CHARGED WITH THE EXCESS COST INCURRED. A FULL EXPLANATION OF THE COMPUTATION OF THE EXCESS COST WAS FURNISHED YOU BY THE TRANSPORTATION DIVISION, FINANCE CENTER, U.S. ARMY, BY LETTER OF OCTOBER 20, 1958, AND CHECK AGE OF THE AMOUNT INVOLVED WAS EFFECTED IN YOUR PAY ACCOUNT. YOUR CLAIM FOR REFUND WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE FOR THE REASONS STATED THERETO.

IN YOUR PRESENT LETTER YOU SAY THAT THE WEIGHT OF YOUR EFFECTS SHIPPED IN CONNECTION WITH AN EARLIER PERMANENT CHANGE OF STATION WAS WITHIN YOUR AUTHORIZED WEIGHT LIMITATION AND YOU BELIEVE THAT THE EXCESS WEIGHT IN THIS CASE IS DUE TO AN ERROR IN WEIGHING AND/OR TYPING WHICH MAY HAVE BEEN MADE BY CARRIERS HANDLING THE SHIPMENT OR TO EXCESSIVE PACKING USED BY THE NORWEGIAN TRANSFER COMPANY BECAUSE OF THEIR THOROUGHNESS IN PREPARING AN OVERSEAS SHIPMENT. YOU REQUEST THAT WE DESIGNATE A DISINTERESTED PARTY TO DETERMINE THE WEIGHT OF YOUR HOUSEHOLD EFFECTS RATHER THAN ACCEPT THE WEIGHTS SHOWN IN THE BILLS OF LADING.

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 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 5 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 FOREGOING REGULATIONS CONTEMPLATE THE 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 EXCEEDS THE NET WEIGHT ALLOWANCE SET FORTH IN THE REGULATIONS. WEIGHTS EXCEEDING THE MAXIMUM OVER-ALL WEIGHT ARE PROPERLY CHARGEABLE TO THE SHIPPER. OUR CONSIDERATION OF YOUR CLAIM MAY NOT TAKE INTO ACCOUNT THE WEIGHT OF YOUR PRIOR SHIPMENTS NOR ARE WE AUTHORIZED TO MAKE ANY ADJUSTMENT FOR PACKING IN EXCESS OF THAT BELIEVED BY YOU TO HAVE BEEN NECESSARY. ALSO, SINCE FREIGHT CHARGES ARE COMPUTED ON THE GROSS WEIGHT OF A SHIPMENT OF HOUSEHOLD EFFECTS AND SINCE APPLICABLE REGULATIONS CLEARLY CONTEMPLATED THAT THE MAXIMUM GROSS WEIGHT, DEPENDENT UPON THE MODE OF TRANSPORTATION USED, WHICH MAY BE SHIPPED AT GOVERNMENT EXPENSE SHALL BE COMPUTED BY THE METHODS THERE PROVIDED, IT WOULD APPEAR THAT A REWEIGHING OF YOUR EFFECTS AT THIS TIME AS YOU REQUEST WOULD SERVE NO USEFUL PURPOSE.

SINCE THE WEIGHT OF YOUR HOUSEHOLD EFFECTS 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 THE PAYMENT OF YOUR CLAIM AND THE SETTLEMENT OF MAY 6, 1959, IS SUSTAINED.