B-148866, JUN. 13, 1962

B-148866, JUN. 13, 1962

TO SERGEANT FIRST CLASS EUGENE L. PARADIA, RA 17244799:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 24, 1962, WITH ENCLOSURES, REQUESTING REVIEW OF SETTLEMENT DATED FEBRUARY 28, 1962, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF THE EXCESS COSTS PAID BY YOU FOR SHIPPING YOUR HOUSEHOLD EFFECTS UNDER THE CIRCUMSTANCES SHOWN BELOW.

THE RECORD SHOWS THAT THE SHIPMENT OF YOUR EFFECTS WAS MADE TO YOUR NEW STATION AT SAN SALVADOR, EL SALVADOR, IN TWO LOTS. ONE LOT WEIGHING 6,495 POUNDS WAS SHIPPED FROM ISRAEL TO BROOKLYN, NEW YORK, THENCE TO PUERTO BARRIOS, GUATEMALA, AND BY OVERLAND RAIL FROM THAT POINT TO SAN SALVADOR. THE OTHER LOT WEIGHING 3,450 POUNDS WAS SHIPPED FROM BALTIMORE, MARYLAND, TO PUERTO BARRIOS, GUATEMALA, THEN TO SAN SALVADOR. THE COMBINED GROSS WEIGHT OF THE TWO SHIPMENTS AS SHOWN ON THE BILLS OF LADING WAS 9,945 POUNDS (6,495 POUNDS PLUS 3,450 POUNDS). YOUR NET WEIGHT ALLOWANCE FOR SHIPMENT OF HOUSEHOLD EFFECTS WAS 5,500 POUNDS. IN THE SETTLEMENT MENTIONED ABOVE YOU WERE ADVISED THAT UNDER APPLICABLE REGULATIONS THE WEIGHT OF THE HOUSEHOLD GOODS SHIPPED IN THE TWO SHIPMENTS WAS REDUCED BY 40 PERCENT RESULTING IN NET WEIGHT OF 5,967 POUNDS (99,945 POUNDS LESS 3,978 POUNDS OR 5,967 POUNDS). THIS EXCEEDED YOUR AUTHORIZED WEIGHT ALLOWANCE BY 467 POUNDS (5,967 POUNDS LESS 5,500 POUNDS), WHICH RESULTED IN EXCESS COST OF $10.98.

WITH YOUR PRESENT LETTER YOU ENCLOSED A STATEMENT FROM THE BROKER WHO ARRANGED FOR THE SHIPMENT OF YOUR EFFECTS FROM ISRAEL. THIS STATEMENT SHOWS THAT SHIPMENT AS HAVING A GROSS WEIGHT OF 6,600 POUNDS, TARE WEIGHT OF 2,640 POUNDS AND A NET WEIGHT OF 3,960 POUNDS. YOU ALSO ENCLOSED A LETTER FROM THE CARRIER WHO ARRANGED FOR THE SHIPMENT OF YOUR EFFECTS FROM BALTIMORE, MARYLAND, IN WHICH IT IS STATED THAT THE SHIPMENT HAD A GROSS WEIGHT OF 3,450 POUNDS AND A NET WEIGHT OF 2,041 POUNDS. THEREFORE YOU SAY THAT TOTAL NET WEIGHT OF BOTH LOTS IS 6,001 POUNDS. IT NOW APPEARS TO BE YOUR VIEW THAT YOUR EFFECTS WERE SHIPPED IN ESPECIALLY DESIGNED CONTAINERS WITHIN THE CONTEMPLATION OF PARAGRAPH 8001-2 OF THE JOINT TRAVEL REGULATIONS AND THEREFORE, THE AFOREMENTIONED NET WEIGHT OF 6,001 POUNDS SHOULD BE ADJUSTED BY 15 PERCENT FOR PACKING AS AUTHORIZED FOR SUCH SHIPMENTS.

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 SERVICE SHALL BE ENTITLED TO TRANSPORTATION OF HOUSEHOLD EFFECTS IN CONNECTION WITH A CHANGE OF STATION. JOINT TRAVEL REGULATIONS IN EFFECT AT THE TIME PROVIDE (PARAGRAPH 8001, CHANGE 98, NOVEMBER 1, 1960) 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 8001-1 PROVIDES THAT WHEN THE ACTUAL NET WEIGHT OF UNPACKED AND UNCRATED HOUSEHOLD GOODS IS NOT KNOWN AND SHIPMENT IS MADE IN A CRATED CONDITION BY MOTOR, RAIL, WATER OR AIR FREIGHT, BY FREIGHT FORWARDER, OR BY A COMBINATION THEREOF, THE NET WEIGHT OF THE HOUSEHOLD GOODS CHARGEABLE AGAINST THE MEMBER'S PRESCRIBED WEIGHT ALLOWANCE WILL BE DETERMINED BY SUBTRACTING 40 PERCENT FROM THE GROSS WEIGHT OF SUCH SHIPMENT. PARAGRAPH 8001-2 FURTHER PROVIDES THAT WHEN THE SHIPMENT IS MADE IN SPECIAL CONTAINERS INCLUDING HOUSEHOLD GOODS SHIPPING BOXES THE EMPTY WEIGHT OF THE CONTAINER WILL BE STENCILED ON THE CONTAINER AND SUCH WEIGHT SHOWN ON THE CONTAINER WILL BE USED TO COMPUTE THE WEIGHT OF THE GOODS SHIPPED FOR THE OWNER. ALSO IT PROVIDES THAT 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 FOREGOING 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 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. UNDER THE REGULATIONS A MEMBER IS ENTITLED TO A DEDUCTION OF 40 PERCENT OF THE WEIGHT OF THE GOODS WHEN CRATED FOR RAIL OR WATER SHIPMENT OR 15 PERCENT FROM THE NET WEIGHT PROPERLY ESTABLISHED IN ACCORDANCE WITH THE REGULATIONS FOR SHIPMENT IN SPECIAL CONTAINERS. HOWEVER, THERE IS NO AUTHORITY FOR MAKING A FURTHER DEDUCTION OF 15 PERCENT IN CASES WHERE A 40 PERCENT DEDUCTION HAS BEEN MADE.

THE STATEMENTS FURNISHED WITH YOUR LETTER DO NOT SHOW HOW THE NET WEIGHTS OF THE TWO SHIPMENTS WERE DETERMINED BY THE COMPANIES THAT PACKED THE GOODS, AND IT IS ADMINISTRATIVELY REPORTED THAT THE GROSS, TARE, AND NET WEIGHTS WERE NOT SHOWN ON THE SHIPPING BOXES. THE STATEMENT CONCERNING THE SHIPMENT FROM BROOKLYN, NEW YORK, INDICATES THAT THE NET WEIGHT OF 3,960 POUNDS WAS DETERMINED BY DEDUCTING 40 PERCENT FROM THE GROSS WEIGHT OF 6,600 POUNDS (6,600 POUNDS LESS 2,640 POUNDS) RATHER THAN BY ACTUALLY WEIGHING THE SHIPPING BOXES. CONCERNING THE SHIPMENT FROM BALTIMORE, IT IS ADMINISTRATIVELY REPORTED THAT THE SHIPMENT CONSISTED OF THREE (3) WOOD BOXES AND, SINCE THE GROSS, TARE AND NET WEIGHTS WERE NOT SHOWN, THE GROSS WEIGHT OF 3,450 POUNDS WAS TAKEN FROM THE GOVERNMENT BILL OF LADING. IS NOT SHOWN HOW THE PACKER ESTABLISHED THE NET WEIGHT OF THE SHIPMENT TO BE 2,041 POUNDS. HOWEVER, SINCE PARAGRAPH 8001-2 OF THE REGULATIONS (PRESENTLY 8002-2) REQUIRES THAT THE GROSS AND TARE WEIGHTS BE STENCILED ON THE CONTAINERS--- WHICH WAS NOT DONE ON THESE CONTAINERS- - AND SINCE THE RECORD DOES NOT ESTABLISH THE WEIGHT OF THE CONTAINERS, THERE IS NO AUTHORITY TO APPLY THE WEIGHT FORMULA PRESCRIBED IN THAT REGULATION.

OUR OFFICE, OF COURSE, HAS NO FIRST-HAND INFORMATION IN THE MATTER AND OF NECESSITY MUST RELY UPON THE FACTS AS REPORTED BY THE ADMINISTRATIVE OFFICE IN THE ABSENCE OF SUFFICIENT EVIDENCE TO OVERCOME THE PRESUMPTION OF THE CORRECTNESS THEREOF. 3 COMP. GEN. 51; 16 ID. 325; ID. 414; 20 ID. 578. IN VIEW OF THIS AND SINCE THERE IS NO SHOWING AS TO HOW THE CARRIERS ESTABLISHED THE NET WEIGHT OF THE HOUSEHOLD GOODS SHIPPED BY THEM, WE ARE WITHOUT AUTHORITY TO DETERMINE THE WEIGHT OF YOUR SHIPMENT ON SUCH BASIS.

SINCE THE HOUSEHOLD GOODS SHIPPED TO SAN SALVADOR EXCEEDED YOUR AUTHORIZED WEIGHT ALLOWANCE, YOU WERE PROPERLY CHARGED WITH THE EXCESS COST AND THERE IS NO BASIS ON THE RECORD BEFORE US FOR THE ALLOWANCE OF YOUR CLAIM. THE SETTLEMENT OF FEBRUARY 28, 1962, IS SUSTAINED.