B-150741, FEB. 27, 1963

B-150741: Feb 27, 1963

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STACK: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 24. YOUR HOUSEHOLD GOODS WERE SHIPPED FROM NASHVILLE. YOU WERE ENTITLED TO SHIP 5. YOU WERE CHARGED $102.66 FOR THE EXCESS WEIGHT (AT THE RATE OF $29.50 PER CWT.). WAS MADE FROM THE GROSS WEIGHT. YOUR HOUSEHOLD GOODS WERE LATER SHIPPED FROM ST. 315 POUNDS AND SINCE YOU WERE ENTITLED TO THE SAME ALLOWANCE OF 5. YOU WERE CHARGED $252.25 FOR THE EXCESS WEIGHT (AT THE RATE OF $25.25 PER CWT.). WAS MADE FROM THE GROSS WEIGHT. WERE NOT INCLUDED IN THE SHIPMENTS. THAT THERE WAS EVIDENCE OF OVERPACKING IN THE SHIPMENT FROM ST. YOU SAY THAT SINCE THE GOVERNMENT DID NOT SUPERVISE THE PACKING OR WEIGHING OF YOUR GOODS AND YOU WERE NOT ALLOWED TO OBSERVE THE WEIGHING.

B-150741, FEB. 27, 1963

TO TECHNICAL SERGEANT JOHN T. STACK:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 24, 1963, REQUESTING RECONSIDERATION OF SETTLEMENT DATED JANUARY 2, 1963, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF $354.91, REPRESENTING THE AMOUNT COLLECTED FROM YOU AS THE EXCESS COST OF SHIPPING YOUR HOUSEHOLD GOODS FROM NASHVILLE, TENNESSEE, TO PEPPERELL AIR FORCE BASE, NEWFOUNDLAND, AND FROM ST. JOHNS, NEWFOUNDLAND, TO STEWART AIR FORCE BASE, NEW YORK.

THE RECORD SHOWS THAT INCIDENT TO YOUR PERMANENT CHANGE OF STATION UNDER PARAGRAPH 1, ORDER NO. A-148 DATED JULY 10, 1959, YOUR HOUSEHOLD GOODS WERE SHIPPED FROM NASHVILLE, TENNESSEE, TO PEPPERELL AIR FORCE BASE, NEWFOUNDLAND. YOU WERE ENTITLED TO SHIP 5,000 POUNDS OF GOODS PLUS A FIVE PERCENT ALLOWANCE FOR PACKING BUT SINCE YOUR GOODS WEIGHED 5,630 POUNDS, YOU WERE CHARGED $102.66 FOR THE EXCESS WEIGHT (AT THE RATE OF $29.50 PER CWT.) COMPUTED TO BE 348 POUNDS AFTER THE DEDUCTION OF FIVE PERCENT, 282 POUNDS, WAS MADE FROM THE GROSS WEIGHT. INCIDENT TO ANOTHER PERMANENT CHANGE OF STATION UNDER ORDER NO. 1-A-159 DATED MARCH 25, 1960, YOUR HOUSEHOLD GOODS WERE LATER SHIPPED FROM ST. JOHNS NEWFOUNDLAND, TO STEWART AIR FORCE BASE, NEW YORK. THIS SHIPMENT WEIGHED 6,315 POUNDS AND SINCE YOU WERE ENTITLED TO THE SAME ALLOWANCE OF 5,000 POUNDS PLUS FIVE PERCENT FOR PACKING, YOU WERE CHARGED $252.25 FOR THE EXCESS WEIGHT (AT THE RATE OF $25.25 PER CWT.) COMPUTED TO BE 999 POUNDS AFTER THE DEDUCTION OF FIVE PERCENT, 316 POUNDS, WAS MADE FROM THE GROSS WEIGHT.

YOU CONTENDED IN YOUR CLAIM THAT YOUR HOUSEHOLD GOODS DID NOT WEIGH AS MUCH AS SHOWN FOR THE TWO SHIPMENTS SINCE CERTAIN ITEMS COMPRISING PART OF THE 5,940 POUNDS OF AN EARLIER SHIPMENT FROM ALBUQUERQUE, NEW MEXICO, TO NASHVILLE, TENNESSEE, WERE NOT INCLUDED IN THE SHIPMENTS, AND THAT THERE WAS EVIDENCE OF OVERPACKING IN THE SHIPMENT FROM ST. JOHNS TO STEWART AIR FORCE BASE. IN YOUR PRESENT LETTER, YOU SAY THAT SINCE THE GOVERNMENT DID NOT SUPERVISE THE PACKING OR WEIGHING OF YOUR GOODS AND YOU WERE NOT ALLOWED TO OBSERVE THE WEIGHING, YOU DO NOT FEEL THAT YOU SHOULD BE CHARGED FOR THE IMPROPER PACKING AND WEIGHING.

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. JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO THAT AUTHORITY PROVIDE THAT HOUSEHOLD EFFECTS WITHIN SPECIFIED WEIGHT ALLOWANCES, DESIGNATED AS ACTUAL NET WEIGHTS, ARE AUTHORIZED FOR SHIPMENT. DURING THE PERIOD INVOLVED, SUCH WEIGHTS FOR VARIOUS RANKS AND GRADES WERE SET FORTH IN PARAGRAPH 8002. PARAGRAPH 8001-1 OF THE REGULATIONS PROVIDED THAT WHEN THE ACTUAL NET WEIGHT OF UNPACKED AND UNCRATED HOUSEHOLD GOODS IS NOT KNOWN AND THE SHIPMENT IS BY MOTOR OR SEA VAN, THE NET WEIGHT OF HOUSEHOLD GOODS CHARGEABLE AGAINST THE MEMBER'S PRESCRIBED WEIGHT ALLOWANCE WILL BE DETERMINED BY SUBTRACTING FIVE PERCENT FROM THE GROSS WEIGHT OF THE SHIPMENT.

THE REGULATIONS PROVIDE FOR 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. THE 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 REGARDLESS OF WHETHER THE ACTUAL NET WEIGHT OF THE GOODS SHIPPED EXCEEDS THE NET WEIGHT ALLOWANCE. 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 PROVISION THAT YOU OR THE GOVERNMENT SHALL OBSERVE THE SERVICES PERFORMED BY THE TRANSPORTATION COMPANY. SINCE THE WEIGHT OF THE PACKING MATERIALS MAY VARY FROM SHIPMENT TO SHIPMENT, NEITHER THE OVER-ALL WEIGHT OF AN EARLIER SHIPMENT NOR THE WEIGHT OF THE PACKING MATERIALS USED MAY BE CONSIDERED IN DETERMINING THE EXCESS COST OF A SHIPMENT. AND, AFTER A REVIEW OF YOUR CLAIM, HEADQUARTERS, UNITED STATES AIR FORCE HAS REPORTED THAT THERE IS NO EVIDENCE OF "OVER-PACKING" IN YOUR CASE.

ACCORDINGLY, THE SETTLEMENT OF JANUARY 2, 1963, WAS CORRECT AND IS SUSTAINED.