B-148445, MAY 24, 1962

B-148445: May 24, 1962

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USAF: REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 26. YOU WERE TRANSFERRED FROM YOUR OVERSEAS DUTY STATION TO CLINTON-SHERMAN AIR FORCE BASE. YOUR HOUSEHOLD EFFECTS WERE PACKED AND SHIPPED BY THROUGH-CONTAINER (DOOR-TO-DOOR) SERVICE FROM NOUASSEUR AIR FORCE BASE. THAT AMOUNT WAS PAID TO THE CARRIER ON VOUCHER NO. 065763 IN THE AUGUST 1960 ACCOUNTS OF LIEUTENANT COLONEL G. THAT SHIPMENT IS REPORTED TO HAVE WEIGHED 12. YOUR AUTHORIZED NET WEIGHT ALLOWANCE WAS 9. 500 POUNDS YOU WERE ALLOWED FIVE PERCENT OF YOUR NET WEIGHT OF 12. SINCE THE NET WEIGHT OF YOUR SHIPMENT WAS 12. IT IS REPORTED THAT YOU PAID THE SUM OF $400 ON THIS INDEBTEDNESS. IN YOUR PRESENT LETTER YOU SAY THAT IN A VAN SHIPMENT THE WEIGHT OF PADS IS INCLUDED IN THE TARE WEIGHT OF THE VAN WHILE IN YOUR CASE THE WEIGHT OF 84 PADS WHICH WAS USED IN PACKING OF YOUR EFFECTS IN THE RE USABLE DOOR-TO -DOOR CONTAINERS WAS CHARGED TO YOUR NET WEIGHT ALLOWANCE.

B-148445, MAY 24, 1962

TO MAJOR ABY A. FRANCISCO, USAF:

REFERENCE IS MADE TO YOUR LETTER DATED FEBRUARY 26, 1962, WITH ENCLOSURE, REQUESTING REVIEW OF SETTLEMENT DATED JANUARY 29, 1962, WHICH DISALLOWED YOUR CLAIM FOR $921.29 IN CONNECTION WITH THE EXCESS COST CHARGED AGAINST YOU FOR SHIPPING YOUR HOUSEHOLD GOODS.

BY ORDERS DATED MAY 6, 1960, YOU WERE TRANSFERRED FROM YOUR OVERSEAS DUTY STATION TO CLINTON-SHERMAN AIR FORCE BASE, OKLAHOMA. YOUR HOUSEHOLD EFFECTS WERE PACKED AND SHIPPED BY THROUGH-CONTAINER (DOOR-TO-DOOR) SERVICE FROM NOUASSEUR AIR FORCE BASE, MOROCCO, TO CLINTON-SHERMAN AIR FORCE BASE, OKLAHOMA, ON GOVERNMENT BILL OF LADING NO. AF 8397133, AT A COST TO THE GOVERNMENT OF $6,689.99, FOR TRANSPORTATION AND ACCESSORIAL SERVICES. THAT AMOUNT WAS PAID TO THE CARRIER ON VOUCHER NO. 065763 IN THE AUGUST 1960 ACCOUNTS OF LIEUTENANT COLONEL G. M. SECKINGER, FC, SYMBOL 5052. THAT SHIPMENT IS REPORTED TO HAVE WEIGHED 12,853 POUNDS. YOUR AUTHORIZED NET WEIGHT ALLOWANCE WAS 9,500 POUNDS. THE SHIPMENT CONSISTED OF 12,853 POUNDS PACKED IN DOOR-TO-DOOR CONTAINERS (15,814 POUNDS LESS TARE 2,961 POUNDS). IN ADDITION TO YOUR NET WEIGHT ALLOWANCE OF 9,500 POUNDS YOU WERE ALLOWED FIVE PERCENT OF YOUR NET WEIGHT OF 12,835 POUNDS OR 643POUNDS FOR PACKING AS FOR VAN TYPE SHIPMENT PLUS 485 POUNDS FOR PROFESSIONAL BOOKS AND EQUIPMENT. THIS IN EFFECT INCREASED YOUR AUTHORIZED NET WEIGHT ALLOWANCE TO 10,628 POUNDS (9,500 POUNDS PLUS 643 POUNDS PLUS 485 POUNDS). SINCE THE NET WEIGHT OF YOUR SHIPMENT WAS 12,853 POUNDS, YOU EXCEED YOUR AUTHORIZED NET WEIGHT ALLOWANCE BY 2,225 POUNDS (12,853 POUNDS LESS 10,628 POUNDS) WHICH RESULTED IN TOTAL EXCESS COSTS FOR TRANSPORTATION AND ACCESSORIAL CHARGES IN THE SUM OF $1,224.88. IT IS REPORTED THAT YOU PAID THE SUM OF $400 ON THIS INDEBTEDNESS, LEAVING A BALANCE DUE THE UNITED STATES IN THE SUM OF $824.88.

IN YOUR PRESENT LETTER YOU SAY THAT IN A VAN SHIPMENT THE WEIGHT OF PADS IS INCLUDED IN THE TARE WEIGHT OF THE VAN WHILE IN YOUR CASE THE WEIGHT OF 84 PADS WHICH WAS USED IN PACKING OF YOUR EFFECTS IN THE RE USABLE DOOR-TO -DOOR CONTAINERS WAS CHARGED TO YOUR NET WEIGHT ALLOWANCE. THEREFORE, YOU CONTEND THAT YOUR NET WEIGHT ALLOWANCE SHOULD BE ADJUSTED BY 15 PERCENT FOR PACKING AS IN THE CASE OF A SHIPMENT IN SPECIALLY DESIGNED CONTAINERS.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, 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 PROMULGATED PURSUANT TO THAT AUTHORITY 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 VARIOUS RANKS AND GRADES ARE SET FORTH IN PARAGRAPH 8002. PARAGRAPH 800-1 PROVIDES THAT WHEN THE ACTUAL NET WEIGHT OF UNPACKED AND UNCRATED HOUSEHOLD GOODS IS NOT KNOWN AND THE SHIPMENT IS BY 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. THE REGULATIONS FURTHER PROVIDE (PARAGRAPH 8001-2) 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 HOUSEHOLDS 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. IMPLEMENTING REGULATIONS IN EFFECT AT THE TIME ARE CONTAINED IN CHAPTER 16, AIR FORCE MANUAL 75-1E, DATED DECEMBER 23, 1959. PARAGRAPH 91607 (2) OF THOSE REGULATIONS PROVIDES FOR THROUGH CONTAINER (DOOR-TO-DOOR) SERVICE, AND CONTEMPLATES SHIPMENT OF HOUSEHOLD EFFECTS BETWEEN RESIDENCE AT POINT OF ORIGIN AND RESIDENCE AT DESTINATION.

THE BILL OF LADING COVERING THE SHIPMENT OF YOUR EFFECTS SHOWS THAT THE MOVEMENT WAS ACCOMPLISHED BY THE THROUGH-CONTAINER (DOOR-TO-DOOR) SERVICE. IN A REPORT DATED NOVEMBER 22, 1961, FROM THE DIRECTOR OF TRANSPORTATION, DEPARTMENT OF THE AIR FORCE, CONCERNING THE MATTER, IT IS STATED THAT THE CONTAINERS UTILIZED BY COMMERCIAL CARRIERS FOR THE MOVEMENT OF UNCRATED HOUSEHOLD GOODS VIA THE DOOR-TO-DOOR CONTAINER MODE, ARE NOT CONSIDERED SPECIALLY DESIGNED CONTAINERS, AS DEFINED IN PARAGRAPH 8002-2 (FORMERLY PARAGRAPH 8001-2), JOINT TRAVEL REGULATIONS. THIS MODE WAS REPORTED TO HAVE BEEN ACCEPTED BY THE MILITARY SERVICES ON THE PREMISE THAT SUCH SERVICE WOULD BE BASED ON THE NET WEIGHT, AND ALSO THAT ACCESSORIAL SERVICES PERFORMED WOULD BE COMPARABLE TO THAT USED IN THE MOTOR VAN MODE WITHIN THE CONTIGUOUS 48 STATES. THE REPORT FURTHER STATED

"3. PARAGRAPH 91603, SECTION VA, AFM 75-1, DATED 23 DECEMBER 1959, PROVIDES FOR PREPARATION OF ARTICLES FOR PACKING AND STOWING IN SHIPPING CONTAINERS IN THE MANNER OF AND IN COMPLIANCE WITH REQUIREMENTS SET FORTH IN DEPARTMENT OF DEFENSE INSTRUCTIONS 4500.13 AND 4500.21. THESE REFERENCES PERTAIN TO PACKING AND UNPACKING REQUIREMENTS FOR MOTOR VAN SHIPMENTS. BASED ON THESE INSTRUCTIONS, DOOR-TO-DOOR SERVICE VIA CONTAINER MODE IS CONSIDERED IDENTICAL TO THAT OF THE MOTOR VAN MODE.'

THEREFORE, AUTHORITY WAS NOT GRANTED FOR AN INCREASE IN THE PACKING ALLOWANCE FOR THE DOOR-TO-DOOR CONTAINER MODE OVER THAT FOR THE MOTORVAN MODE OF SHIPMENT. HENCE IT WAS ADMINISTRATIVELY DETERMINED THAT THE EXCESS WEIGHT OF YOUR SHIPMENT SHOULD BE COMPUTED ON THE BASIS OF A CREDIT FOR 485 POUNDS OF PROFESSIONAL BOOKS AND EQUIPMENT AND A FIVE PERCENT DEDUCTION FOR PACKING MATERIALS.

RULE NO. 3 (A) PROMULGATED IN EX PARTE NO. MC-19, PRACTICES OF MOTOR COMMON CARRIERS OF HOUSEHOLD GOODS, 71 M.C.C. 113, 129, PROVIDES AS FOLLOWS:

"/A) COMMON CARRIERS SHALL DETERMINE THE TARE WEIGHT OF EACH VEHICLE USED IN THE TRANSPORTATION OF HOUSEHOLD GOODS BY HAVING IT WEIGHED PRIOR TO THE TRANSPORTATION OF EACH SHIPMENT, WITHOUT THE CREW THEREON, BY A CERTIFIED WEIGHMASTER OR ON A CERTIFIED SCALE, AND WHEN SO WEIGHED, THE GASOLINE TANK ON EACH VEHICLE SHALL BE FULL AND THE VEHICLE SHALL CONTAIN ALL PADS, CHAINS, DOLLIES, HAND TRUCKS, AND OTHER EQUIPMENT REQUIRED IN THE TRANSPORTATION OF SUCH SHIPMENT.'

THUS, UNDER THE APPLICABLE LAW AND REGULATIONS GOVERNING CARRIERS OPERATING THROUGH-CONTAINER DOOR-TO-DOOR SERVICE, ALL BLANKETS, PADS, AND BRACING MATERIALS USED TO SECURE THE SHIPMENT ARE TO BE INCLUDED AS PART OF THE TARE WEIGHT OF THE CONTAINER AS IN THE CASE OF A VAN SHIPMENT. THERE IS NOTHING IN THE RECORD TO INDICATE THAT THE TARE WEIGHT IN YOUR CASE WAS NOT DETERMINED ON THE ABOVE BASIS. THE ONLY WEIGHT CHARGEABLE TO THE NET WEIGHT IS LIMITED TO THAT NORMALLY REQUIRED FOR SHIPMENT OF LOOSE HOUSEHOLD GOODS VIA HIGHWAY MODE OF SHIPMENT FOR WHICH THE FIVE PERCENT DEDUCTION IS AUTHORIZED FOR PACKING ALLOWANCE.

WHILE THE ACTUAL WEIGHT OF PACKING MATERIALS NECESSARY TO INSURE SAFE SHIPMENT MIGHT EXCEED THE ADDITIONAL WEIGHT AUTHORIZED, WE ARE NOT IN A POSITION TO DETERMINE THAT, WITH RESPECT TO A PARTICULAR SHIPMENT, EXCESS WEIGHT OF THE SHIPMENT RESULTED FROM THE MANNER IN WHICH THE EFFECTS ARE PACKED. IN VIEW OF THIS AND SINCE THE THROUGH CONTAINER DOOR-TO-DOOR SHIPMENT WAS AUTHORIZED AS THE EQUIVALENT OF A VAN SHIPMENT WE ARE WITHOUT AUTHORITY TO DETERMINE THE WEIGHT OF YOUR SHIPMENT ON ANY OTHER BASIS. THEREFORE, THE COMPUTATION OF THE EXCESS COST OF $1,224.88 SET OUT ABOVE WAS PROPER.

ACCORDINGLY, THERE IS NO AUTHORITY TO ADJUST YOUR INDEBTEDNESS ON THE BASIS CLAIMED AND THE SETTLEMENT OF JANUARY 29, 1962, IS SUSTAINED.