B-143091, APR. 27, 1965, 44 COMP. GEN. 652

B-143091, APR. 27, 1965, 44 COMP. GEN. 652

TRANSPORTATION - HOUSEHOLD EFFECTS - MILITARY PERSONNEL - PACKING, CRATING, DRAYAGE, ETC. - EXCESS COST LIABILITY THE COST OF THE EXCESS WEIGHT CHARGED TO AN OFFICER OF THE UNIFORMED SERVICES INCIDENT TO THE SHIPMENT OF HOUSEHOLD EFFECTS AND BOOKS PARTIALLY PACKED BY HIM--- THE CARRIER PACKING THE REMAINDER OF THE SHIPMENT NOT INCLUDING A CHARGE FOR THE ITEMS PACKED BY THE OFFICER--- MAY NOT BE RECOMPUTED BY PRORATING THE CARRIER'S PACKING COST ON THE EXCESS WEIGHT REDUCED BY THE CONSTRUCTIVE WEIGHT OF THE ITEMS PACKED BY THE OFFICER RATHER THAN PRORATING THE PACKING COST AGAINST THE TOTAL EXCESS WEIGHT, THE OFFICER HAVING BEEN PERMITTED FOR HIS CONVENIENCE TO SHIP EFFECTS IN EXCESS OF AUTHORIZED WEIGHT ALLOWANCES UPON AGREEMENT TO PAY THE ADDITIONAL COST, RECEIVED A BENEFIT FOR HIS PACKING SERVICE IN THE REDUCTION OF THE OVERALL COSTS ON WHICH HIS PRO RATA SHARE IS BASED, AND ABSENT AN AUTHORIZING REGULATION, THE OFFICER PURSUANT TO PARAGRAPH 8007-2 OF THE JOINT TRAVEL REGULATIONS, IS CHARGEABLE FOR EXCESS COSTS PRORATED ON THE BASIS THE EXCESS NET WEIGHT BEARS TO THE TOTAL NET WEIGHT, AND COMPUTED ON ALL COSTS OF TRANSPORTATION.

TO LIEUTENANT COMMANDER R. G. PISTNER, DEPARTMENT OF THE NAVY, APRIL 27, 1965:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 13, 1965, FF/MMC:MAK) 4650/R), REQUESTING A DECISION AS TO THE CORRECT AMOUNT OF EXCESS COST CHARGEABLE TO CAPTAIN HERBERT F. ROMMEL, USN, 80500, ON THE SHIPMENT OF HIS HOUSEHOLD EFFECTS FROM NORFOLK, VIRGINIA, TO WASHINGTON, D.C. THE REQUEST WAS ASSIGNED PDTATAC CONTROL NO. 65-6 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

BY ORDERS DATED JULY 9, 1963, CAPTAIN ROMMEL WAS TRANSFERRED FROM STAFF, COMMANDER IN CHARGE, ATLANTIC FLEET, TO DUTY AS COMMANDING OFFICER, NAVAL STATION, WASHINGTON, D.C. ON JULY 18, 1963, HE EXECUTED AN APPLICATION FOR SHIPMENT OF HIS HOUSEHOLD EFFECTS FROM NORFOLK, VIRGINIA, TO WASHINGTON, D.C., IN WHICH HE AGREED TO PAY THE EXCESS COST OCCASIONED BY THE SHIPMENT. PURSUANT TO THE APPLICATION 17,740 POUNDS OF HOUSEHOLD GOODS AND 800 POUNDS OF BOOKS WERE SHIPPED ON A GOVERNMENT BILL OF LADING. APPEARS THAT PRIOR TO THE SHIPMENT THE MEMBER PACKED SOME OF THE ITEMS FOR SHIPMENT HIMSELF. ALTHOUGH THE NUMBER OF PACKAGES HE CLAIMS HE PACKED VARIES, HE NOW BELIEVES HE PACKED 102 CARTONS AND BOXES USING HIS OWN MATERIALS AND THAT THE CONSTRUCTIVE WEIGHT OF THE ITEMS PACKED BY HIM WAS 3,060 POUNDS. WHILE THE CONSTRUCTIVE WEIGHT WAS COMPUTED ON THE BASIS OF 7 POUNDS PER CUBIC FOOT (PARAGRAPH 8002-1, JOINT TRAVEL REGULATIONS), THERE IS NO EVIDENCE TO ESTABLISH THE CUBIC CONTENT OF THE ITEMS PACKED BY THE MEMBER. THE CARRIER PACKED THE REMAINDER OF THE SHIPMENT AND THE CHARGES INCLUDED IN THE PAYMENT MADE TO IT DO NOT INCLUDE A CHARGE FOR THE ITEMS PACKED BY THE MEMBER. SINCE THE WEIGHT PACKED AND SHIPPED EXCEEDED CAPTAIN ROMMEL'S AUTHORIZED WEIGHT ALLOWANCE, EXCESS COST WAS COMPUTED IN ACCORDANCE WITH PARAGRAPH 58118-2 (EXAMPLE A), VOLUME V, BUREAU OF SUPPLIES AND ACCOUNTS MANUAL, AS FOLLOWS:

B/L NO. A-3217373--- SHIPMENT NO. ONE (1/--- 17,740 LBS. OF HOUSEHOLD GOODS AND 800 LBS. OF PROFESSIONAL BOOKS VIA VAN FROM NORFOLK, VIRGINIA, TO WASHINGTON, D.C. SHIPMENT NO. 1 VIA VAN 18540 LBS. LESS800 LBS. PROF. BKS; LESS 5 PERCENT

CHART

(887 LBS./--- NET WEIGHT- - - - - - - - - - - - - - - - - 16,853 LBS. AUTHORIZED NET WEIGHT ALLOWANCE - - - - - - - - - - - - - - 11,000 LBS.

NET EXCESS WEIGHT - - - - - - - - - - - - - - - - - - - - 5,853 LBS.

PLUS 5.263 PERCENT PACKING - - - - - - - - - - - - - - - 308 LBS.

GROSS EXCESS WEIGHT - - - - - - - - - - - - - - - - - - - 6,161 LBS. EXCESS COST FOR EXCESS WEIGHT OF 6,161 LBS:

PACKING 6,161 LBS. TIMES $539.75- - - - - - - - - $179.37

18,540 LBS. TRANSPORTATION 6,161 LBS. AT $3.10 CWT- - - - - - $190.99

------- EXCESS

COST - - - - - - - - - - - - - - - - - $370.36

PAY ADJUSTMENT AUTHORIZATION FOR $370.36 WAS ENTERED AGAINST THE MEMBER'S PAY RECORD IN ACCORDANCE WITH THIS COMPUTATION WHICH INCLUDES EXCESS COST OF $179.37 FOR PACKING BASED ON THE PRO RATA SHARE OF THE ACTUAL COST FOR PACKING INCURRED BY THE NAVY. HOWEVER, YOU QUESTION WHETHER THE EXCESS COST FOR PACKING MAY BE RECOMPUTED BY PRORATING THE CARRIER'S PACKING COST AGAINST THE RESULTANT EXCESS WEIGHT OBTAINED AFTER SUBTRACTING THE CONSTRUCTIVE WEIGHT OF THE ITEMS PACKED BY CAPTAIN ROMMEL (3,060 POUNDS) FROM THE EXCESS WEIGHT OF THE TOTAL WEIGHT SHIPPED (6,161 POUNDS), RATHER THAN PRORATING THE CARRIER'S PACKING COST AGAINST THE TOTAL EXCESS WEIGHT SINCE ONLY A PORTION OF THIS EXCESS WEIGHT WAS PACKED AND CHARGED FOR BY THE CARRIER. RECOMPUTATION OF THE EXCESS COST OF PACKING ON THIS BASIS IS PROPOSED AS FOLLOWS:

CHART

EXCESS WEIGHT OF THE TOTAL WEIGHT SHIPPED - - - - - - - - 6,161 LBS.

ITEMS PACKED BY CAPT ROMMEL - - - - - - - - - - - - - - - 3,060 LBS.

RESULTANT EXCESS WEIGHT FOR COMPUTING EXCESS PACKING

COSTS - - - - - - - - - - - - - - - - - - - - - - - - - 3,101 LBS.

PACKING 3,101 TIMES $539.75 - - - - - - - - - - - - - - - $90.28

18,540

THIS COULD REDUCE THE EXCESS PACKING COST CHARGEABLE TO CAPTAIN ROMMEL BY $89.09. HE HAS NOT QUESTIONED THE EXCESS TRANSPORTATION COST OF $190.99.

IT APPEARS THAT CAPTAIN ROMMEL CONTENDS ALSO, IN THE ALTERNATE, THAT NO EXCESS PACKING CHARGES SHOULD BE CHARGED TO HIM. THIS IS ON THE BASIS THAT THE GOVERNMENT NORMALLY WOULD PAY ALL PACKING CHARGES FOR A TOTAL NET WEIGHT OF HOUSEHOLD GOODS OF 11,000 POUNDS; THAT THE TOTAL NET WEIGHT WAS 16,853 POUNDS; THAT 217 ITEMS WERE PACKED; THAT ON APRORATED BASIS THE GOVERNMENT SHOULD PAY FOR PACKING 141 ITEMS AND ONLY 115 ITEMS WERE PACKED BY THE CARRIER. WE SEE NO BASIS FOR THAT CONTENTION SINCE EXCESS COST IS CHARGEABLE ON THE COSTS INCURRED BY THE GOVERNMENT IN PACKING AND SHIPPING HOUSEHOLD EFFECTS IN EXCESS OF THE MEMBER'S AUTHORIZED WEIGHT ALLOWANCE, NOT ON THE NUMBER OF ITEMS PACKED.

CHAPTER 8 OF THE JOINT TRAVEL REGULATIONS PROVIDES FOR PACKING, CRATING, HAULING, STORING AND SHIPPING OF HOUSEHOLD EFFECTS OF MEMBERS OF THE UNIFORMED SERVICES WITHIN SPECIFIED WEIGHT ALLOWANCES UNDER VARIOUS CIRCUMSTANCES. AS A MATTER OF CONVENIENCE TO SUCH MEMBERS THE REGULATIONS PERMIT SUCH SERVICES WITH RESPECT TO HOUSEHOLD EFFECTS IN EXCESS OF THE AUTHORIZED WEIGHT ALLOWANCES UPON AGREEMENT OF THE MEMBER INVOLVED THAT HE WILL PAY THE ADDITIONAL COST SO INCURRED. IN THE ABSENCE OF SUCH AGREEMENT THERE WOULD BE NO LEGAL AUTHORITY FOR MOVING HOUSEHOLD EFFECTS IN EXCESS OF THE AUTHORIZED WEIGHT ALLOWANCE. THE REGULATIONS MAKE NO PROVISION FOR REDUCTION OF EXCESS COST BY REASON OF SERVICES PERFORMED BY THE OWNER IN PACKING SOME OF THE GOODS EXCEPT TO THE EXTENT THAT IT MAY REDUCE THE OVERALL CHARGES. IT IS OUR UNDERSTANDING THAT SOME PACKING USUALLY IS PERFORMED BY MEMBERS AS A MATTER OF PERSONAL CONVENIENCE OR FOR OTHER REASONS AND SUCH PACKING MAY HAVE THE EFFECT OF REDUCING THE OVERALL COST. THE MEMBER RECEIVES A BENEFIT FOR HIS SERVICES IF THE OVERALL COSTS ARE REDUCED THEREBY SINCE HIS PRO RATA SHARE FOR THE EXCESS WEIGHT TRANSPORTED IS COMPUTED ON THE BASIS OF SUCH REDUCED AMOUNT. WE ARE NOT AWARE OF ANY PROVISION, HOWEVER, UNDER WHICH THE WEIGHT OF GOODS PACKED BY THE OWNER COULD BE DEDUCTED FROM THE TOTAL WEIGHT OF THE GOODS TRANSPORTED IN ORDER TO DETERMINE THE EXCESS COSTS FOR PACKING, IF ANY, CHARGEABLE TO THE OWNER. IN THIS CONNECTION, PARAGRAPH 8007-2, JOINT TRAVEL REGULATIONS, PROVIDES THAT EXCESS COSTS CHARGEABLE TO THE MEMBER SHALL BE PRORATED ON THE BASIS THAT THE EXCESS NET WEIGHT OF THE GOODS TRANSPORTED BEARS TO THE TOTAL NET WEIGHT TRANSPORTED, SUCH EXCESS TO BE COMPUTED ON ALL COSTS OF TRANSPORTATION OF AUTHORIZED ARTICLES.

IN SUCH CIRCUMSTANCES AND SINCE THE CONTROLLING REGULATIONS MAKE NO PROVISION FOR REDUCING EXCESS SHIPPING COST WHEN SOME OF THE PACKING IS PERFORMED BY THE MEMBER WE FIND NO BASIS FOR ADJUSTING THE EXCESS COST CHARGEABLE TO CAPTAIN ROMMEL IN THE MANNER PROPOSED. ACCORDINGLY, HE IS CHARGEABLE WITH THE EXCESS COST OF $370.36 COMPUTED AS SHOWN ABOVE IN ACCORDANCE WITH PARAGRAPH 58118-2, VOLUME V, (EXAMPLE A), BUREAU OF SUPPLIES AND ACCOUNTS MANUAL.