B-147530, JAN. 4, 1962

B-147530, JAN. 4, 1962

TO LIEUTENANT COLONEL JOHN A. TRAVIS, USAF (MSC):

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 17, 1961, REQUESTING RECONSIDERATION OF SETTLEMENT DATED JUNE 1, 1961, ALLOWING $23.78 ON YOUR CLAIM FOR REFUND OF COLLECTIONS MADE FOR EXCESS WEIGHT CHARGES INCIDENT TO THE MOVEMENT OF YOUR HOUSEHOLD GOODS PURSUANT TO SPECIAL ORDERS NO. A-36, ISSUED JUNE 17, 1958, 1ST AEROMEDICAL EVACUATION SQUADRON (USAFE), UNITED STATES AIR FORCE, APO 57, NEW YORK, NEW YORK, WHICH RELIEVED YOU FROM YOUR ASSIGNMENT WITH THE 1ST AEROMEDICAL EVACUATION SQUADRON, RHEIN MAIN AIR BASE, GERMANY, AND ASSIGNED YOU TO THE 15TH AEROMEDICAL TRANSPORT (L) (MTC), BROOKLEY AIR FORCE BASE, ALABAMA, AS A PERMANENT CHANGE OF STATION.

YOU STATE THAT IT DOES NOT APPEAR TO YOU THAT THE SUPPORTING DOCUMENTS FORWARDED WITH YOUR CLAIM WERE FULLY CONSIDERED IN VIEW OF SEVERAL ITEMS WHICH YOU LIST AS INCONSISTENCIES IN THE SETTLEMENT, AND THEREFORE REQUEST THAT YOUR CLAIM BE REVIEWED AND AN ITEMIZED STATEMENT FURNISHED SHOWING COMPUTATION OF THE EXCESS WEIGHT CHARGES INCURRED IN THE SHIPMENT OF YOUR HOUSEHOLD GOODS. THERE HAS ALSO BEEN RECEIVED YOUR LETTER OF NOVEMBER 30, 1961, WITH ENCLOSURES.

FROM THE EVIDENCE OF RECORD IT APPEARS THAT THE EFFECTS INVOLVED IN THE MOVEMENT WERE 21,163 POUNDS OF HOUSEHOLD GOODS (PACKED WEIGHT IN ESPECIALLY DESIGNED CONTAINERS); 1,295 POUNDS OF HOUSEHOLD GOODS (PACKED WEIGHT FOR OVERSEAS SHIPMENT) SHIPPED AS HOLD BAGGAGE; AND 30 POUNDS OF SMALL ARMS AMMUNITION (PACKED WEIGHT IN ESPECIALLY DESIGNED CONTAINER). THE WEIGHT SHOWN REPRESENTS THE GROSS WEIGHT. THE 1,295 POUNDS OF EFFECTS WERE PACKED BY YOURSELF AND TRANSPORTED BY RAIL FROM RHEIN MAIN TO BREMERHAVEN, GERMANY, ON JULY 3, 1958, AT A COST TO THE GOVERNMENT OF $38.50, FOR LOADING AS HOLD BAGGAGE ABOARD THE SS DARBY ON WHICH SHIP YOU RETURNED TO THE UNITED STATES. THE 21,163 POUNDS OF GOODS INCLUDED NUMEROUS BARRELS, BOXES, ETC., WHICH HAD BEEN IN STORAGE AND WERE LISTED AS HAVING BEEN PACKED IN SUCH CONTAINERS BY THE OWNER, AS WELL AS THE GOODS WHICH WERE STILL AT YOUR PLACE OF RESIDENCE IN THE HOUSING COMMUNITY OF GATEWAY GARDENS. THE CHARGES FOR DRAYAGE, LOADING, PACKING, ETC., PAID BY THE GOVERNMENT INCIDENT TO THE PACKING OF THESE GOODS INTO 16 ESPECIALLY DESIGNED CONTAINERS AND DELIVERY TO THE TRANSPORTATION OFFICER AT RHEIN MAIN AIR FORCE BASE, AMOUNTED TO $1,905.64. THESE GOODS TOGETHER WITH THE BOX CONTAINING AMMUNITION WERE TRANSPORTED BY RAIL TO BREMERHAVEN ON JULY 16, 1958, AT A COST TO THE GOVERNMENT OF $137.05 AND WERE SUBSEQUENTLY SHIPPED BY MILITARY SEA TRANSPORT TO NEW ORLEANS, LOUISIANA, AT THE COMPUTED COST OF $1,009.05 FOR 2,170 CUBIC FEET OF SPACE OCCUPIED EN ROUTE. THE GOODS WERE THEN SHIPPED BY RAIL FROM THE NEW ORLEANS ARMY TERMINAL TO THE TRANSPORTATION OFFICER AT BROOKLEY AIR FORCE BASE, BROOKLEY, ALABAMA, AT A COST TO THE GOVERNMENT OF $264.54 FOR 16 BOXES WEIGHING 21,163 POUNDS AND 46 CENTS FOR ONE BOX WEIGHING 30 POUNDS. THE GOODS WERE RELEASED TO A COMMERCIAL SHIPPER AND STORED UNTIL DELIVERED TO YOUR RESIDENCE IN MOBILE, ALABAMA. AT YOUR DIRECTION THE GOODS WERE WEIGHED IN THEIR PACKED CONDITION BY THE CONTRACTOR AT TIME OF DELIVERY AND WERE DETERMINED TO WEIGH 20,400 POUNDS, UPON WHICH WEIGHT FIGURE DRAYAGE AND STORAGE CHARGES IN THE AMOUNT OF $624.84 WERE PAID THE CONTRACTOR. UPON ARRIVAL AT THE BROOKLYN ARMY TERMINAL OF THE 1,295 POUNDS OF EFFECTS SHIPPED AS HOLD BAGGAGE, 215 POUNDS WERE WITHDRAWN BY YOU AND THE BALANCE SHIPPED BY VAN TO BROOKLEY AIR FORCE BASE. PAYMENT FOR THE SHIPMENT WAS MADE TO THE CARRIER ON A WEIGHT BASIS OF 1,025 POUNDS, HOWEVER, PAYMENT FOR THE SUBSEQUENT DRAYAGE TO YOUR RESIDENCE IN MOBILE WAS MADE ON THE BASIS OF 1,080 POUNDS WHICH WEIGHT WHEN ADDED TO THE 215 POUNDS PICKED UP FROM THE SHIP AT BROOKLYN CONFORMS TO THE ORIGINAL SPECIFIED WEIGHT OF 1,295 POUNDS.

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 AND FOR SUCH RANKS, GRADES OR RATINGS AND TO AND FROM SUCH LOCATION AND WITHIN SUCH WEIGHT ALLOWANCES AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES WHEN ORDERED TO MAKE A PERMANENT CHANGE OF STATION SHALL BE ENTITLED TO TRANSPORTATION (INCLUDING PACKING, CRATING, DRAYAGE, TEMPORARY STORAGE, AND UNPACKING) OF BAGGAGE AND HOUSEHOLD EFFECTS. PARAGRAPH 8001 OF THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THE PROVISIONS OF THAT ACT AND IN EFFECT DURING THE PERIOD HERE INVOLVED, PROVIDED THAT HOUSEHOLD GOODS WITHIN PRESCRIBED WEIGHT ALLOWANCES, DESIGNATED AS ACTUAL NET WEIGHT, MAY BE SHIPPED AT GOVERNMENT EXPENSE. THE REGULATIONS SET FORTH THE WEIGHT ALLOWANCES FOR THE VARIOUS GRADES OF MILITARY PERSONNEL, AND PROVISION IS MADE FOR PERCENTAGE INCREASES OF THOSE BASIC WEIGHT ALLOWANCES FOR DIFFERENT TYPES OF SHIPMENT TO ALLOW FOR ADDITIONAL WEIGHT FOR PACKING AND CRATING. WHEN SHIPMENT IS MADE IN ESPECIALLY DESIGNED CONTAINERS SUCH AS HOUSEHOLD GOODS SHIPPING BOXES, LIFT VANS, OR TRANSPORTERS, THE DIFFERENCE BETWEEN THE GROSS WEIGHT AND THE TARE WEIGHT STENCILED ON THE CONTAINER WILL BE REDUCED BY 15 PERCENT TO ALLOW FOR THE WEIGHT OF THE PACKING MATERIAL WITHIN SUCH CONTAINER TO ESTABLISH THE NET WEIGHT OF THE SHIPMENT. WHEN IT IS NECESSARY TO ASCERTAIN THE NET UNPACKED WEIGHT OF GOODS ALREADY PACKED (NOT IN ESPECIALLY DESIGNED CONTAINERS) 2/7 (40 PERCENT/140 PERCENT) WILL BE SUBTRACTED FROM THE GROSS WEIGHT OF SUCH GOODS WHEN SHIPPED BY MEANS INVOLVING WATER. PARAGRAPH 8001 FURTHER PROVIDED THAT IN INSTANCES WHERE, THROUGH NO FAULT OF THE OWNER, THE TARE WEIGHT OF A SHIPMENT IS IN EXCESS OF THE ALLOWANCES PRESCRIBED ABOVE, THE CASE MAY BE REFERRED TO THE APPROPRIATE AUTHORITY OF THE SERVICE CONCERNED FOR AUTHORITY TO DEVIATE FROM THOSE ALLOWANCES.

THE REGULATIONS CONTEMPLATE 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 EQUALS THE NET WEIGHT ALLOWANCE SET FORTH IN THE REGULATIONS. THE REGULATIONS FURTHER PROVIDE THAT WHERE SHIPMENTS INVOLVE WEIGHTS EXCEEDING THE PRESCRIBED ALLOWANCE THE TRANSPORTATION CHARGES ON SUCH EXCESS WEIGHTS WILL BE BORNE BY THE OWNER.

PARAGRAPH 8100 OF THE CITED REGULATIONS PROVIDED THAT EACH SHIPMENT SHALL BE NUMBERED IN CHRONOLOGICAL ORDER AND THAT WHERE THERE ARE TWO OR MORE SHIPMENTS UNDER THE SAME CHANGE OF STATION ORDERS ON WHICH EXCESS WEIGHT IS INVOLVED, THE EXCESS COST WILL BE COMPUTED ON THE SHIPMENT WHICH CONTAINED THE EXCESS WEIGHT AS DETERMINED FROM SUCH CHRONOLOGICAL SEQUENCE.

YOUR FIRST SHIPMENT AT GOVERNMENT EXPENSE WEIGHED 1,295 POUNDS AND CONSISTED OF THE GOODS WHICH WERE PACKED BY YOU FOR SHIPMENT AS HOLD BAGGAGE DURING THE PART INVOLVING WATER. THE WEIGHT AS REDUCED BY THE AUTHORIZED ALLOWANCE OF 370 POUNDS ( 2/7 TIMES 1,295) FOR PACKING FOR SHIPMENTS INVOLVING WATER CONSTITUTES A NET WEIGHT OF 925 POUNDS, WHICH WHEN SUBTRACTED FROM YOUR THEN WEIGHT ALLOWANCE OF 9,500 POUNDS AS A MAJOR, LEAVES A NET WEIGHT OF 8,575 POUNDS IN YOUR SECOND SHIPMENT AUTHORIZED AT GOVERNMENT EXPENSE.

YOUR REMAINING HOUSEHOLD GOODS AS PACKED INTO ESPECIALLY DESIGNED CONTAINERS, WEIGHED 21,163 POUNDS WHEN PACKED AT GOVERNMENT EXPENSE. THE WEIGHT OF THE EFFECTS (21,163 POUNDS) IS THE GROSS WEIGHT DETERMINED BY THE TRANSPORTATION OFFICER OVERSEAS RESPONSIBLE FOR THE SHIPMENT OF YOUR EFFECTS AND SINCE THE COST TO THE GOVERNMENT WAS COMPUTED ON THAT BASIS WE MUST ACCEPT SUCH WEIGHT. THE TARE WEIGHT AS STENCILED ON THE CONTAINERS AMOUNTED TO 8,922 POUNDS, THE DIFFERENCE BEING 12,241 POUNDS. A FURTHER REDUCTION OF 1,836 POUNDS (15 PERCENT WEIGHT ALLOWANCE FOR PACKING MATERIAL WITHIN THE CONTAINERS) ESTABLISHES A NET WEIGHT OF 10,405 POUNDS. SINCE THE PACKING AND DRAYAGE OF YOUR FIRST SHIPMENT WAS AT NO EXPENSE TO THE GOVERNMENT AND PERFORMED PRIOR TO TURNING THE GOODS OVER TO THE TRANSPORTATION OFFICER FOR SHIPMENT, THE NET WEIGHT FOR THIS COMPUTATION IS REDUCED BY THE FULL NET ALLOWANCE OF 9,500 POUNDS, MAKING AN EXCESS NET WEIGHT OF 905 POUNDS. SINCE THE GOVERNMENT PAID $1,905.64 INCIDENT TO THE PACKING AND DRAYAGE OF YOUR GOODS TO THE WAREHOUSE AT RHEIN MAIN AIR BASE, THE EXCESS COST CHARGEABLE TO YOU BECAUSE OF EXCESS WEIGHT IS COMPUTED AS 905/10,405 TIMES $1,905.64 OR $165.75. THE WEIGHT OF YOUR SECOND SHIPMENT FROM RHEIN MAIN AIR BASE TO BREMERHAVEN WAS INCREASED TO 21,193 POUNDS BY ADDITION OF A BOX OF SMALL ARMS AMMUNITION HAVING A GROSS WEIGHT OF 30 POUNDS WITH A TARE WEIGHT OF 10 POUNDS STENCILED ON THE CONTAINER THUS INCREASING THE NET WEIGHT BY 17 POUNDS TO 10,422 POUNDS FOR AN EXCESS NET WEIGHT IN THE SECOND SHIPMENT OF 1,847 POUNDS (10,422 MINUS 8,575). THE COST TO THE GOVERNMENT FOR THE SHIPMENT TO BREMERHAVEN WAS $137.05 AND THE AMOUNT CHARGEABLE TO YOU FOR THE EXCESS WEIGHT IS COMPUTED AS 1,847/10,422 TIMES $137.05 OR $24.29. THIS DIFFERENTIAL IS ALSO APPLICABLE TO THE COST FOR THE WATER SHIPMENT OF THE GOODS FROM BREMERHAVEN TO NEW ORLEANS AND THE AMOUNT THEREOF CHARGEABLE TO YOU IS $178.83 (1,847/10,422 TIMES $1,009.05). IN CONNECTION WITH THE LATTER SHIPMENT, THE SETTLEMENT OF JUNE 1, 1961, INADVERTENTLY STATED THIS SHIPMENT AS MOVING BETWEEN BREMERHAVEN AND NEW YORK.

SINCE THE REMAINING PORTION OF YOUR FIRST SHIPMENT WAS TRANSPORTED FROM BROOKLYN TO BROOKLEY AIR FORCE BASE AT A GROSS WEIGHT OF 1,025 POUNDS, THE NET WEIGHT INVOLVED IN THE SHIPMENT AT GOVERNMENT EXPENSE IS COMPUTED AS 1,025 POUNDS MINUS 293 POUNDS ( 2/7 TIMES 1,025) OR 732 POUNDS, LEAVING 8,768 POUNDS (9,500 LESS 732) REMAINING IN YOUR NET WEIGHT ALLOWANCE FOR THE TRANSPORTATION OF THE GOODS IN YOUR SECOND SHIPMENT FROM NEW ORLEANS TO BROOKLEY AIR FORCE BASE. THE CHARGE FOR THAT SHIPMENT, 1,637 POUNDS (10,405 MINUS 8,768) EXCESS WEIGHT IS COMPUTED AS 1,637/10,405 TIMES $264.54 OR $41.62 PLUS 46 CENTS PAID FOR THE BOX CONTAINING AMMUNITION. SINCE DRAYAGE CHARGES FROM BROOKLEY AIR FORCE BASE TO MOBILE FOR YOUR FIRST SHIPMENT (HOLD BAGGAGE) WAS PAID ON A GROSS WEIGHT OF 1,080 POUNDS THE NET WEIGHT INVOLVED IS COMPUTED AS 1,080 POUNDS LESS 309 POUNDS ( 2/7 TIMES 1,080) OR 771 POUNDS, LEAVING A REMAINING NET WEIGHT OF 8,729 POUNDS IN YOUR ALLOWANCE FOR APPLICATION TO THE DRAYAGE AND STORAGE CHARGES INCURRED IN THIS PORTION OF THE TRANSPORTATION OF YOUR SECOND SHIPMENT OF GOODS. THE AMOUNT PAID ($624.84) BY THE GOVERNMENT FOR STORAGE AT MOBILE AND DRAYAGE TO YOUR RESIDENCE IN THAT CITY WAS BASED ON A GROSS WEIGHT OF 20,400 POUNDS. WHEN REDUCED BY THE TARE WEIGHT OF 8,932 POUNDS AND A FURTHER REDUCTION OF THE DIFFERENCE (11,468) BY 15 PERCENT (1,720) FOR PACKING MATERIAL, A NET WEIGHT OF 9,748 POUNDS IS DETERMINED THEREBY MAKING 1,019 POUNDS IN EXCESS OF THE 8,729 POUNDS REMAINING IN YOUR NET WEIGHT ALLOWANCE. THE AMOUNT CHARGEABLE TO YOU FOR THE 1,019 POUNDS EXCESS WEIGHT IS COMPUTED AS 1,019/9,748 TIMES $624.84 OR $65.32. YOU WILL NOTE THAT THE EXCESS COST FOR THIS SERVICE WAS COMPUTED ON YOUR GROSS WEIGHT OF 20,400 POUNDS.

THE TOTAL OF THE AMOUNTS SET OUT ABOVE AS CHARGEABLE TO YOU FOR THE EXCESS WEIGHT CONTAINED IN THE SECOND SHIPMENT OF YOUR HOUSEHOLD EFFECTS IS $476.27. FROM THE EVIDENCE OF RECORD, IT APPEARS THAT $14.14 WAS COLLECTED FROM YOU BY THE TRANSPORTATION OFFICER AT BROOKLEY AIR FORCE BASE AND $476.56 WAS WITHHELD FROM YOUR PAY AT THE RATE OF $39.72 A MONTH BEGINNING JANUARY 1959, MAKING A TOTAL COLLECTION FROM YOU OF $490.70 OR AN EXCESS COLLECTION BY THE GOVERNMENT OF $14.43. THE CHECK ISSUED TO YOU AS REFUND OF EXCESS COLLECTIONS PURSUANT TO OFFICE SETTLEMENT OF JUNE 1, 1961, WAS IN THE AMOUNT OF $23.78, OR $9.35 MORE THAN THE EXCESS COLLECTION.

IN THIS CONNECTION YOU ARE ADVISED THAT THIS OFFICE IS NOT IN A POSITION TO HAVE FIRST HAND KNOWLEDGE OF THE ACTUAL WEIGHT OF A PARTICULAR SHIPMENT OF HOUSEHOLD GOODS AT GIVEN POINTS EN ROUTE AND MUST RELY ON THE EVIDENCE OF RECORD AND INFORMATION FURNISHED BY THE PROPER OFFICIALS CONCERNED. THE GOVERNMENT IS OBLIGATED TO PAY THE CARRIERS FOR THE TOTAL WEIGHT AT THE TIME OF THE SHIPMENTS, AND WEIGHTS THEN IN EXCESS OF THE MAXIMUM OVER- ALL WEIGHT FIXED BY THE REGULATIONS PROPERLY ARE CHARGEABLE TO THE MEMBER. SINCE, ON THE RECORD BEFORE US, THE WEIGHT OF YOUR HOUSEHOLD GOODS AS SHIPPED EXCEEDED YOUR WEIGHT ALLOWANCE PLUS THE PERCENTAGE INCREASES AS SHOWN ABOVE, REFUND OF THE AMOUNTS PROPERLY COLLECTED FROM YOU ON THAT BASIS MAY NOT BE MADE.

WITH RESPECT TO THE FC USA FORMS 21-57 (REQUEST FOR REFUND OF EXCESS TRANSPORTATION COSTS TO THE UNITED STATES) DATED OCTOBER 25, 1961, SUBMITTED WITH YOUR LETTER OF NOVEMBER 30, 1961, THE ADMINISTRATIVE OFFICE HAS RECOMPUTED THE EXCESS COSTS ON THE SHIPMENT FROM GERMANY TO BROOKLEY AIR FORCE BASE ON THE BASIS OF YOUR FULL AUTHORIZED WEIGHT ALLOWANCE OF 9,500 POUNDS, AND REDUCED THE AMOUNT CHARGEABLE TO YOU. THAT SHIPMENT WAS A SECOND SHIPMENT, AND AS INDICATED ABOVE, THE ORIGINAL EXCESS COSTS COMPUTATION COVERING SUCH SHIPMENT WAS BASED ON THE BALANCE OF YOUR AUTHORIZED WEIGHT ALLOWANCE AFTER DEDUCTIONS FOR THAT PORTION THEREOF USED IN CONNECTION WITH THE SHIPMENT OF YOUR HOLD BAGGAGE FROM GERMANY TO BROOKLEY AIR FORCE BASE, THE FIRST SHIPMENT. AS WE UNDERSTAND THE REGULATIONS, SUCH DEDUCTION FOR THE PURPOSE OF COMPUTING THE EXCESS COST OF THE SECOND SHIPMENT WAS PROPER. ACCORDINGLY, ON THE PRESENT RECORD WE MAY NOT REDUCE THE ORIGINAL EXCESS COMPUTATION FURNISHED US BY THE ADMINISTRATIVE OFFICE ON THE BASIS OF THE FORMS 21-57, DATED OCTOBER 25, 1961.

A COPY OF THIS LETTER IS BEING FORWARDED TO THE TRANSPORTATION DIVISION, FINANCE CENTER, UNITED STATES ARMY, INDIANAPOLIS 49, INDIANA, FOR INFORMATIONAL PURPOSES.