B-146453, AUG. 8, 1961

B-146453: Aug 8, 1961

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YOUR HOUSEHOLD EFFECTS WERE SHIPPED TO YOUR NEW STATION IN TWO LOTS. 180 POUNDS WAS SHIPPED IN EIGHT BOXES FROM GUILDERLAND CENTER. 106 POUNDS WAS SHIPPED IN A SEA VAN FROM ORLEANS. YOU WERE CHARGED WITH THE EXCESS COST OF $446.13 AND THAT AMOUNT WAS COLLECTED FROM YOU. IN THE SETTLEMENT MENTIONED ABOVE YOU WERE ADVISED THAT UNDER APPLICABLE REGULATIONS THE WEIGHT OF THE HOUSEHOLD GOODS SHIPPED IN THE EIGHT BOXES WAS REDUCED BY 15 PERCENT TO ALLOW FOR PACKING WITHIN THE BOXES. THAT THE WEIGHT OF THE HOUSEHOLD GOODS WITHIN THE SEA VAN WAS REDUCED BY FIVE PERCENT FOR THE SAME REASON AND THAT. THE WEIGHT OF THE GOODS SHIPPED EXCEEDED YOUR AUTHORIZED WEIGHT RESULTING IN EXCESS COST WHICH YOU WERE REQUIRED TO PAY.

B-146453, AUG. 8, 1961

TO LIEUTENANT COLONEL JOHN H. BAGLEY, JR., RETIRED:

YOUR LETTER OF JUNE 25, 1961, REQUESTS REVIEW OF THE SETTLEMENT OF MARCH 28, 1961, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF THE AMOUNT COLLECTED FROM YOU AS THE EXCESS COST OF SHIPPING YOUR HOUSEHOLD EFFECTS INCIDENT TO LETTER ORDERS NO. 222-2, DATED OCTOBER 22, 1959.

THE ORDERS TRANSFERRED YOU FROM ORLEANS, FRANCE, TO SHARPE GENERAL DEPOT, LATHROP, CALIFORNIA. YOUR HOUSEHOLD EFFECTS WERE SHIPPED TO YOUR NEW STATION IN TWO LOTS. ONE LOT WEIGHING 7,180 POUNDS WAS SHIPPED IN EIGHT BOXES FROM GUILDERLAND CENTER, NEW YORK, AND THE OTHER LOT WEIGHING 7,106 POUNDS WAS SHIPPED IN A SEA VAN FROM ORLEANS, FRANCE. SINCE THE SHIPMENTS EXCEEDED YOUR AUTHORIZED WEIGHT ALLOWANCE BY 2,854 POUNDS, YOU WERE CHARGED WITH THE EXCESS COST OF $446.13 AND THAT AMOUNT WAS COLLECTED FROM YOU. IN THE SETTLEMENT MENTIONED ABOVE YOU WERE ADVISED THAT UNDER APPLICABLE REGULATIONS THE WEIGHT OF THE HOUSEHOLD GOODS SHIPPED IN THE EIGHT BOXES WAS REDUCED BY 15 PERCENT TO ALLOW FOR PACKING WITHIN THE BOXES, THAT THE WEIGHT OF THE HOUSEHOLD GOODS WITHIN THE SEA VAN WAS REDUCED BY FIVE PERCENT FOR THE SAME REASON AND THAT, NOTWITHSTANDING SUCH ALLOWANCES FOR PACKING, THE WEIGHT OF THE GOODS SHIPPED EXCEEDED YOUR AUTHORIZED WEIGHT RESULTING IN EXCESS COST WHICH YOU WERE REQUIRED TO PAY.

IN YOUR PRESENT LETTER YOU ACKNOWLEDGE THAT THE EXCESS COST WAS COMPUTED IN ACCORDANCE WITH THE REGULATIONS. YOU CONTEND, HOWEVER, THAT IF YOUR HOUSEHOLD GOODS HAD BEEN UNPACKED AND WEIGHED SEPARATELY UPON ARRIVAL AT LATHROP THERE WOULD BE NO CLAIM ARISING FROM EXCESS WEIGHT. ALSO, YOU SAY THAT THE ACTUAL PACKING USED EXCEEDED THE PERCENTAGE ALLOWANCE FOR PACKING AND CRATING AND THAT THIS WAS BORNE OUT BY A SUBSEQUENT VAN SHIPMENT AND BY WEIGHING THE PACKING MATERIALS REMOVED FROM SUCH SUBSEQUENT SHIPMENT.

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 85, OCTOBER 1, 1959) THAT HOUSEHOLD EFFECTS WITHIN SPECIFIED WEIGHT ALLOWANCES, DESIGNATED AS ACTUAL NET WEIGHTS, ARE AUTHORIZED FOR SHIPMENT. SUCH WEIGHTS FOR THE VARIOUS RANKS AND GRADES ARE SET FORTH IN PARAGRAPH 8002. PARAGRAPH 8001 PROVIDES THAT WHEN THE ACTUAL NET WEIGHT OF UNPACKED AND UNCRATED HOUSEHOLD GOODS IS NOT KNOWN AND THE SHIPMENT IS BY SEA VAN THE NET WEIGHT OF HOUSEHOLD GOODS CHARGEABLE AGAINST THE MEMBER'S PRESCRIBED WEIGHT ALLOWANCE WILL BE DETERMINED BY DEDUCTING FIVE PERCENT FROM THE GROSS WEIGHT OF THE SHIPMENT. THAT PARAGRAPH FURTHER PROVIDES THAT WHEN THE SHIPMENT IS MADE IN SPECIAL CONTAINERS INCLUDING HOUSEHOLD GOODS SHIPPING BOXES THE DIFFERENCE BETWEEN THE GROSS WEIGHT OF THE CONTAINER WHEN PACKED AND LOADED AND THE WEIGHT OF THE EMPTY CONTAINER WILL BE REDUCED BY 15 PERCENT TO ALLOW FOR THE WEIGHT OF PACKING MATERIALS WITHIN THE CONTAINER TO DETERMINE THE NET WEIGHT.

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 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, NOR IS THERE ANY PROVISIONS FOR ESTABLISHING NET WEIGHT BY WEIGHING PACKING MATERIALS SEPARATELY AFTER SHIPMENT HAS BEEN ACCOMPLISHED. THUS, WHILE THE WEIGHT OF THE PACKING MATERIALS MAY VARY FROM SHIPMENT TO SHIPMENT, NEITHER THE OVER-ALL WEIGHT OF A SUBSEQUENT SHIPMENT NOR THE WEIGHT OF THE PACKING MATERIALS USED MAY BE CONSIDERED IN DETERMINING THE EXCESS COST OF AN EARLIER SHIPMENT.

SINCE THE HOUSEHOLD GOODS SHIPPED INCIDENT TO THE ORDERS OF OCTOBER 22, 1959, EXCEEDED YOUR AUTHORIZED WEIGHT ALLOWANCE, YOU WERE PROPERLY CHARGED WITH EXCESS COST AND THERE IS NO BASIS FOR THE ALLOWANCE OF YOUR CLAIM. THE SETTLEMENT OF MARCH 28, 1961, IS SUSTAINED.