B-150162, DEC. 6, 1962

B-150162: Dec 6, 1962

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RA: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 5. THE COMPUTATION OF THE EXCESS WEIGHT IN THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS WAS IN ERROR. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT CHANGE 5 TO ARMY REGULATIONS 37-106 WAS DATED DECEMBER 10. WAS NOT IN EFFECT AT THE EFFECTIVE DATE OF YOUR ORDERS DATED MARCH 4. YOU WERE FURTHER ADVISED THAT THE CHARGES FOR EXCESS WEIGHT WERE PROPERLY COMPUTED SINCE. YOU WERE ENTITLED TO HAVE YOUR AUTHORIZED WEIGHT ALLOWANCE INCREASED BY ONLY 5 PERCENT TO COVER THE WEIGHT OF THE MATERIAL USED IN PACKING AND CRATING SUCH EFFECTS FOR VAN SHIPMENT. YOU STATE THAT YOUR GOODS WERE PACKED IN BOXES AND WRAPPING PAPER. YOU CONTEND THAT YOU WERE NOT GIVEN THE FULL ALLOWANCE ON THE SHIPMENT OF HOUSEHOLD GOODS TO PORDEMONE.

B-150162, DEC. 6, 1962

TO SERGEANT FIRST CLASS CHARLES E. PATTERSON, RA:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 5, 1962, REQUESTING REVIEW OF THE SETTLEMENT OF APRIL 4, 1962, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF $184.56 REPRESENTING THE AMOUNT COLLECTED FROM YOU AS THE EXCESS COST INVOLVED IN SHIPPING YOUR HOUSEHOLD EFFECTS FROM PEPPERELL, MASSACHUSETTS, TO AVIANO, ITALY, MARCH 9 TO APRIL 29, 1959, PURSUANT TO LETTER ORDER 3-24 -59, HEADQUARTERS, UNITED STATES ASA TRAINING CENTER AND SCHOOL, FORT DEVENS, MASSACHUSETTS, DATED MARCH 4, 1959.

BY LETTER OF JANUARY 10, 1962, YOU FILED A CLAIM FOR REFUND OF THE AMOUNT COLLECTED ON THE BASIS THAT UNDER THE PROVISIONS OF PARAGRAPH 10-8, ARMY REGULATIONS 37-106, CHANGE 5, THE COMPUTATION OF THE EXCESS WEIGHT IN THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS WAS IN ERROR. BY SETTLEMENT DATED APRIL 4, 1962, YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT CHANGE 5 TO ARMY REGULATIONS 37-106 WAS DATED DECEMBER 10, 1959, AND WAS NOT IN EFFECT AT THE EFFECTIVE DATE OF YOUR ORDERS DATED MARCH 4, 1959. YOU WERE FURTHER ADVISED THAT THE CHARGES FOR EXCESS WEIGHT WERE PROPERLY COMPUTED SINCE, UNDER THE PERTINENT REGULATIONS, YOU WERE ENTITLED TO HAVE YOUR AUTHORIZED WEIGHT ALLOWANCE INCREASED BY ONLY 5 PERCENT TO COVER THE WEIGHT OF THE MATERIAL USED IN PACKING AND CRATING SUCH EFFECTS FOR VAN SHIPMENT.

IN YOUR LETTER OF OCTOBER 5, 1962, YOU STATE THAT YOUR GOODS WERE PACKED IN BOXES AND WRAPPING PAPER, MOVED BY NORTH EASTERN VAN LINES (NORTH AMERICAN VAN LINES) AND THEN REPACKED IN A CONUS CONTAINER AT A DIFFERENT PLACE. FOR THAT REASON, YOU CONTEND THAT YOU WERE NOT GIVEN THE FULL ALLOWANCE ON THE SHIPMENT OF HOUSEHOLD GOODS TO PORDEMONE, ITALY, AND THAT YOU ARE ENTITLED TO A 40 PERCENT REDUCTION FROM THE GROSS WEIGHT. YOU ALSO ENCLOSED A COPY OF THE REQUEST FOR REFUND OF EXCESS TRANSPORTATION COSTS DUE THE UNITED STATES WHICH SHOWS THE COMPUTATION USED IN DETERMINING THE EXCESS COSTS, TOGETHER WITH PART OF A VOUCHER PRESUMABLY MAKING REFUND TO A MEMBER HAVING A PRESCRIBED WEIGHT ALLOWANCE OF 5,000 POUNDS, WHICH SHOWED THAT HIS PRESCRIBED WEIGHT ALLOWANCE WAS INCREASED BY 40 PERCENT BECAUSE THE SHIPMENT WAS MADE BY MOTOR VAN AND WATER FREIGHT FROM OHIO TO ITALY. YOU NOTE THEREON THAT THIS PERTAINS TO ONE OF YOUR FRIENDS WHOSE CLAIM IS SIMILAR TO THE CLAIM YOU ARE NOW MAKING.

THE PERTINENT STATUTE, 37 U.S.C. 406, 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. PURSUANT THERETO, PARAGRAPH 8001-1 OF THE JOINT TRAVEL REGULATIONS IN EFFECT ON THE EFFECTIVE DATE OF YOUR ORDERS DATED MARCH 4, 1959, PROVIDED THAT HOUSEHOLD EFFECTS WITHIN SPECIFIED WEIGHT ALLOWANCES, DESIGNATED AS ACTUAL NET WEIGHTS ARE AUTHORIZED FOR SHIPMENT. SUCH WEIGHTS ARE SET FORTH FOR VARIOUS RANKS AND GRADES AND PROVISION IS MADE FOR A PERCENTAGE INCREASE TO ALLOW FOR PACKING AND CRATING. UNDER THAT PROVISION THE AUTHORIZED NET WEIGHT OF HOUSEHOLD EFFECTS WHICH MAY BE SHIPPED AT GOVERNMENT EXPENSE IS INCREASED BY 40 PERCENT FOR SHIPMENT MADE BY RAIL, WATER OR MOTOR FREIGHT TO COVER THE WEIGHT OF MATERIALS USED IN PACKING AND CRATING FOR FREIGHT SHIPMENT AND BY 5 PERCENT FOR SHIPMENT BY VAN. PARAGRAPH 8050-4 OF THE SAME REGULATIONS PROVIDED THAT THE OFFICER DESIGNATED BY THE SERVICES CONCERNED WOULD DETERMINE ANY COSTS IN EXCESS OF AUTHORIZED ALLOWANCES FOR WEIGHT, DISTANCE AND METHOD OF SHIPMENT AND WOULD NOTIFY THE MEMBER OF THE AMOUNT PAYABLE AND THE METHOD OF PAYMENT.

AT THE TIME YOU SHIPPED YOUR HOUSEHOLD EFFECTS YOU WERE ENTITLED TO A NET WEIGHT ALLOWANCE OF 5,500 POUNDS AS SERGEANT FIRST CLASS (E-6). SINCE THE RECORD SHOWS THAT YOUR HOUSEHOLD EFFECTS WERE SHIPPED BY VAN AND SEA VAN RATHER THAN BY RAIL, WATER OR MOTOR FREIGHT, YOU WERE ENTITLED TO A PERCENTAGE INCREASE OF 5 PERCENT ONLY, AS AUTHORIZED BY THE REGULATIONS, TO COVER THE WEIGHT OF MATERIALS USED IN PACKING AND CRATING FOR VAN SHIPMENT, FOR A TOTAL AUTHORIZED WEIGHT ALLOWANCE OF 5,775 POUNDS. SINCE IT HAS BEEN ADMINISTRATIVELY DETERMINED THAT THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS HERE INVOLVED EXCEEDED YOUR AUTHORIZED PERMANENT CHANGE OF STATION WEIGHT ALLOWANCE AND THE RECORD BEFORE US DOES NOT AFFORD A BASIS FOR A FINDING THAT THE ADMINISTRATIVE DETERMINATION IS ERRONEOUS, WE MAY NOT CONCLUDE THAT YOU ARE ENTITLED TO THE AMOUNT CLAIMED. THE PORTION OF THE VOUCHER YOU SUBMITTED TO SUBSTANTIATE YOUR CLAIM INDICATES THAT THE SHIPMENT THERE INVOLVED WAS MADE BY MOTOR VAN AND WATER FREIGHT AND IT WOULD APPEAR, THEREFORE, THAT THE METHOD OF SHIPMENT WAS NOT THE SAME AS WAS USED FOR THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS. ACCORDINGLY, ON THE BASIS OF THE AVAILABLE RECORD THE SETTLEMENT OF APRIL 4, 1962, IS SUSTAINED.