B-144707, FEB. 16, 1961

B-144707: Feb 16, 1961

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

YOUR HOUSEHOLD EFFECTS WERE SHIPPED TO YOUR NEW STATION IN THREE LOTS. YOU WERE CHARGED WITH THE EXCESS COST INCURRED. THE WEIGHT OF YOUR HOUSEHOLD EFFECTS WITHIN THOSE CONTAINERS WAS 3. 410 POUNDS WHICH WAS THE WEIGHT AS PACKED FOR VAN SHIPMENT. THE UNPACKED WEIGHT CHARGED TO YOUR WEIGHT ALLOWANCE WAS 4. YOU WERE ALLOWED CREDIT FOR 400 POUNDS OF PROFESSIONAL BOOKS. THE NET WEIGHT OF THE HOUSEHOLD EFFECTS WAS DETERMINED TO BE 1. THE UNPACKED WEIGHT WAS CONSIDERED BY THE DEPARTMENT OF THE ARMY TO BE 6. 320 REDUCED BY ONE TWENTY- FIRST) WHICH THE SETTLEMENT STATED WAS 17 POUNDS MORE THAN IF THE PACKED WEIGHT HAD BEEN REDUCED BY FIVE PERCENT. IN THE SETTLEMENT WE STATED THAT SINCE THE HOUSEHOLD EFFECTS SHIPPED EXCEEDED YOUR WEIGHT ALLOWANCE YOU WERE PROPERLY CHARGED WITH EXCESS COST.

B-144707, FEB. 16, 1961

TO COLONEL LINWOOD GRIFFIN, JR.:

YOUR LETTER OF NOVEMBER 29, 1960, REQUESTS REVIEW OF THE SETTLEMENT OF NOVEMBER 8, 1960, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF $60.23 REPRESENTING THE AMOUNT COLLECTED FROM YOU AS THE EXCESS COST OF SHIPPING YOUR HOUSEHOLD EFFECTS INCIDENT TO ORDERS DATED APRIL 6, 1959.

THE ORDERS TRANSFERRED YOU FROM ICELAND TO THE UNIVERSITY OF ARKANSAS, FAYETTEVILLE, ARKANSAS, FOR DUTY. YOUR HOUSEHOLD EFFECTS WERE SHIPPED TO YOUR NEW STATION IN THREE LOTS; TWO FROM KEFLAVIK AIRPORT, ICELAND, AND ONE FROM KILLEEN, TEXAS. SINCE THE EFFECTS SHIPPED EXCEEDED YOUR AUTHORIZED WEIGHT ALLOWANCE OF 11,000 POUNDS AS INCREASED TO ALLOW FOR PACKING BY THE METHODS OF SHIPMENT USED PLUS THE WEIGHT OF PROFESSIONAL BOOKS AND PAPERS, YOU WERE CHARGED WITH THE EXCESS COST INCURRED. THE FIRST SHIPMENT MOVED FROM KEFLAVIK AIRPORT TO BROOKLYN, NEW YORK, BY WATER IN TWO CONNEX BOXES. THE WEIGHT OF YOUR HOUSEHOLD EFFECTS WITHIN THOSE CONTAINERS WAS 3,875 POUNDS INCLUDING 300 POUNDS OF PROFESSIONAL BOOKS. UPON RESHIPMENT OF THE EFFECTS BY VAN FROM BROOKLYN TO FAYETTEVILLE THE GOVERNMENT PAID FOR SHIPPING 4,410 POUNDS WHICH WAS THE WEIGHT AS PACKED FOR VAN SHIPMENT. THE UNPACKED WEIGHT CHARGED TO YOUR WEIGHT ALLOWANCE WAS 4,190 POUNDS (4,410 LESS FIVE PERCENT). ALSO, YOU WERE ALLOWED CREDIT FOR 400 POUNDS OF PROFESSIONAL BOOKS.

THE SECOND SHIPMENT MOVED FROM KEFLAVIK AIRPORT TO MCGUIRE AIR FORCE BASE, NEW JERSEY, BY MILITARY AIR TRANSPORT SERVICE, AND FROM THERE TO FAYETTEVILLE BY EXPRESS. IT CONSISTED OF 24 BOXES OF PERSONAL EFFECTS HAVING A TOTAL WEIGHT OF 1,941 POUNDS. THE NET WEIGHT OF THE HOUSEHOLD EFFECTS WAS DETERMINED TO BE 1,386 POUNDS (1,941 REDUCED BY TWO SEVENTHS). THE THIRD SHIPMENT, WEIGHING 7,320 POUNDS, MOVED FROM KILLEEN TO FAYETTEVILLE BY VAN. THE UNPACKED WEIGHT WAS CONSIDERED BY THE DEPARTMENT OF THE ARMY TO BE 6,970 POUNDS (7,320 REDUCED BY ONE TWENTY- FIRST) WHICH THE SETTLEMENT STATED WAS 17 POUNDS MORE THAN IF THE PACKED WEIGHT HAD BEEN REDUCED BY FIVE PERCENT. IN COMPUTING THE EXCESS COST ON THE THIRD SHIPMENT, THE DEPARTMENT OF THE ARMY CONSIDERED THAT YOU HAD SHIPPED 5,576 POUNDS OF HOUSEHOLD EFFECTS INCLUDING 400 POUNDS OF PROFESSIONAL BOOKS IN THE FIRST TWO SHIPMENTS, AND THAT YOU SHIPPED 6,971 POUNDS OF HOUSEHOLD EFFECTS IN THE THIRD SHIPMENT. IN THE SETTLEMENT WE STATED THAT SINCE THE HOUSEHOLD EFFECTS SHIPPED EXCEEDED YOUR WEIGHT ALLOWANCE YOU WERE PROPERLY CHARGED WITH EXCESS COST.

IN YOUR PRESENT LETTER YOU CONTEND THAT THE SHIPMENTS DID NOT EXCEED YOUR WEIGHT ALLOWANCE. YOU SAY THAT SINCE THE FIRST SHIPMENT WAS REPACKED AT BROOKLYN AND THAT SUCH PACKING INCLUDED WOODEN BOXES THE WEIGHT OF THE SHIPMENT SHOULD BE REDUCED BY 40 PERCENT RESULTING IN A NET WEIGHT OF 2,646 POUNDS, INCLUDING 300 POUNDS OF PROFESSIONAL BOOKS. ALSO, YOU SAY THAT 6,954 POUNDS SHOULD BE USED AS THE NET WEIGHT OF THE THIRD SHIPMENT, COMPUTED ON THE BASIS OF A 5 PERCENT REDUCTION FOR PACKING.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (C), 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 PROVIDE (PARAGRAPH 8001, CHANGE 79, APRIL 1, 1959) THAT HOUSEHOLD EFFECTS WITHIN SPECIFIED WEIGHT ALLOWANCES, DESIGNATED AS ACTUAL NET WEIGHTS, ARE AUTHORIZED FOR SHIPMENT. SUCH WEIGHTS ARE SET FORTH FOR THE VARIOUS RANKS AND GRADES AND PROVISION IS MADE FOR A PERCENTAGE INCREASE TO ALLOW FOR PACKING AND CRATING. THAT PARAGRAPH FURTHER PROVIDES THAT WHEN THE EFFECTS ARE SHIPPED BY WATER, RAIL OR MOTOR FREIGHT, THE ALLOWANCE IS INCREASED 40 PERCENT TO COVER THE WEIGHT OF MATERIALS USED IN PACKING AND CRATING FOR FREIGHT SHIPMENT, AND THAT WHEN THE SHIPMENT "IS FORWARDED BY COMMERCIAL VAN" OR FREIGHT FORWARDER WHEN UNPACKED AND UNCRATED, SUCH ALLOWANCE IS INCREASED FIVE PERCENT TO COVER WEIGHT OF MATERIAL USED ,IN PACKING AND CRATING FOR VAN SHIPMENT.' ON ANY OCCASION WHEN IT IS NECESSARY TO ASCERTAIN THE NET WEIGHT OF HOUSEHOLD GOODS SHIPPED IN PACKED CONDITION TWO-SEVENTHS IS DEDUCTED FROM THE WEIGHT OF THE RAIL SHIPMENT AND ONE TWENTY-FIRST FROM THE WEIGHT OF THE VAN SHIPMENT UNDER THE REGULATIONS IN EFFECT AT THE TIME INVOLVED. THE REGULATIONS PROVIDE, ALSO, THAT PROFESSIONAL BOOKS, PAPERS AND EQUIPMENT MAY BE SHIPPED WITHOUT CHARGE AGAINST THE PRESCRIBED WEIGHT ALLOWANCE OF THE OWNER IF SO MARKED, PACKED SEPARATELY, AND THE WEIGHT SHOWN ON BILL OF LADING OR OTHER SHIPPING DOCUMENT.

THE 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 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. WEIGHT EXCEEDING MAXIMUM OVER ALL WEIGHT IS PROPERLY CHARGEABLE TO THE SHIPPER. THERE IS NO REQUIREMENT THAT THE MATERIALS USED FOR PACKING MATCH POUND FOR POUND THE ALLOWANCE FOR PACKING BY THE MODE OF TRANSPORTATION UTILIZED.

AS TO THE FIRST SHIPMENT HERE INVOLVED, HAD THE SHIPMENT ORIGINATED AT A RESIDENCE IN BROOKLYN IT IS APPARENT THAT SOME PACKING AND CRATING WOULD HAVE BEEN NECESSARY FOR VAN SHIPMENT FROM THAT POINT TO FAYETTEVILLE. HOWEVER, THE ALLOWANCE FOR PACKING COULD NOT BE ANY GREATER THAN THE FIVE PERCENT INCREASE ALLOWED FOR VAN SHIPMENT EVEN IF IT WERE ESTABLISHED THAT THE WEIGHT OF THE MATERIALS USED FOR PACKING EXCEEDED THE PERCENTAGE INCREASE ALLOWED FOR THAT PURPOSE. THE SHIPMENT AS ACTUALLY MADE BY THE NORTHERN VAN LINES IS DESCRIBED ON THE BILL OF LADING AS "1 LOT LOOSE HOUSEHOLD GOODS.' THAT DESCRIPTION DOES NOT MEAN THAT THERE WAS NO PACKING AND CRATING NOR DOES THE FACT THAT THERE WAS SOME PACKING AND CRATING CHANGE THE CATEGORY OF THE SHIPMENT FROM VAN TO RAIL SO AS TO INCREASE THE PACKING ALLOWANCE TO 40 PERCENT. HOWEVER, THE NET WEIGHT SHOULD HAVE BEEN ASCERTAINED BY REDUCING THE SHIPPED WEIGHT BY ONE TWENTY- FIRST, RESULTING IN A NET WEIGHT OF 4,200 POUNDS.

THEREFORE, THE NET WEIGHT OF THE THIRD SHIPMENT WAS CORRECTLY COMPUTED AS 6,971 POUNDS. HOWEVER, THERE WAS AN ERROR IN YOUR FAVOR OF 10 POUNDS IN THE NET WEIGHT OF THE FIRST SHIPMENT. ALSO, SINCE THE WEIGHT OF YOUR PROFESSIONAL BOOKS AS SHOWN ON THE SHIPPING DOCUMENT WAS 300 POUNDS AND NOT 400 POUNDS AS USED BY THE DEPARTMENT OF THE ARMY IN COMPUTING EXCESS COST, THE TOTAL ERROR WAS 110 POUNDS. THUS, THE CORRECT EXCESS COST WAS $66.00 OR $5.77 MORE THAN WAS COLLECTED FROM YOU.

SINCE THERE IS NO LEGAL BASIS FOR THE PAYMENT OF YOUR CLAIM, THE SETTLEMENT OF NOVEMBER 8, 1960, IS SUSTAINED.