B-145901, NOV. 8, 1961

B-145901, NOV. 8, 1961

TO LIEUTENANT COLONEL ROGER W. MANTEUFFEL, USAF:

REFERENCE IS MADE TO YOUR REQUEST OF OCTOBER 20, 1961, FOR RECONSIDERATION OF OUR LETTER DATED AUGUST 21, 1961, B-145901, WHEREIN YOU WERE ADVISED THAT THE ACTION TAKEN BY THE ARMY TRANSPORTATION DIVISION IN REQUESTING THAT YOU REFUND THE EXCESS TRANSPORTATION COSTS FOR MOVEMENT OF YOUR HOUSEHOLD GOODS PURSUANT TO SPECIAL ORDERS DATED APRIL 15, 1959, APPEARED PROPER AND REQUIRED UNDER THE LAW AND REGULATIONS.

YOU AGAIN URGE THAT YOU SHOULD BE RELIEVED OF LIABILITY FOR THE COST OF THE EXCESS WEIGHT INASMUCH AS YOU BELIEVE THE WEIGHT OF THE PACKING MATERIAL USED WAS OUT OF PROPORTION TO THE WEIGHT OF THE HOUSEHOLD GOODS SHIPPED SINCE IT DID NOT APPROXIMATE THE 15 PERCENT ALLOWANCE PRESCRIBED BY THE JOINT TRAVEL REGULATIONS FOR SUCH SHIPMENTS.

IN OUR LETTER OF AUGUST 21, 1961, YOU WERE ADVISED THAT UNTIL YOUR INDEBTEDNESS IS REFERRED HERE BY THE DEPARTMENT OF THE ARMY FOR COLLECTION,IT IS A MATTER FOR SETTLEMENT BETWEEN YOU AND THE ARMY DISBURSING OFFICERS CONCERNED. THE MERITS OF YOUR CONTENTIONS AND THE LEGAL PRINCIPLES APPLICABLE TO YOUR DEBT WERE FULLY CONSIDERED, HOWEVER, AND IT WAS EXPLAINED IN THE LETTER THAT THE EXCESS COSTS APPARENTLY WERE DETERMINED BY COMPUTATIONS IN ACCORDANCE WITH THE METHODS SET FORTH IN THE JOINT TRAVEL REGULATIONS. THESE ARE STATUTORY REGULATIONS ISSUED UNDER THE AUTHORITY OF SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253, WHICH PROVIDES, AMONG OTHER THINGS, THAT "UNDER SUCH CONDITIONS AND LIMITATIONS * * * AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED," MEMBERS SHALL BE ENTITLED TO TRANSPORTATION OF BAGGAGE AND HOUSEHOLD EFFECTS TO AND FROM SUCH LOCATIONS AND WITHIN SUCH WEIGHT ALLOWANCES AS MAY BE PRESCRIBED BY THE SECRETARIES. SINCE THE METHOD OF WEIGHT COMPUTATIONS IS A PART OF THE REGULATIONS AND IS ONE OF THE "CONDITIONS AND LIMITATIONS" WHICH THE SECRETARIES ARE AUTHORIZED TO PRESCRIBE, IT IS A VALID REGULATION HAVING THE FORCE AND EFFECT OF LAW AND MUST BE APPLIED AS PRESCRIBED. THE REGULATIONS INVOLVED CONTEMPLATE THE SHIPMENT AT GOVERNMENT EXPENSE OF HOUSEHOLD GOODS AS PACKED FOR SHIPMENT, NOT TO EXCEED AN OVER-ALL WEIGHT ALLOWANCE OF WHICH THE ACTUAL WEIGHT OF THE HOUSEHOLD EFFECTS IS BUT ONE COMPONENT PART. THE PERCENTAGE INCREASE ALLOWED FOR PACKING IS NOT INTENDED TO MATCH, POUND FOR POUND, THE ACTUAL WEIGHT OF THE MATERIALS USED IN PACKING. THAT INCREASE IS GENERALLY ADEQUATE, BUT, AT LEAST TO SOME EXTENT, THE INCREASE IN WEIGHT CAUSED BY PACKING DEPENDS UPON THE CHARACTER OF THE EFFECTS SHIPPED. WHILE THE ACTUAL WEIGHT OF PACKING MATERIALS NECESSARY TO INSURE SAFE SHIPMENT MAY IN SOME INSTANCES 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 WERE PACKED, NOR DO THE REGULATIONS CONTEMPLATE THAT SUCH A DETERMINATION SHALL BE MADE. THE GOVERNMENT IS OBLIGATED TO PAY THE CARRIER FOR THE TOTAL WEIGHT SHIPPED, AND WEIGHTS IN EXCESS OF THE MAXIMUM OVER-ALL WEIGHT FIXED BY THE REGULATIONS PROPERLY ARE CHARGEABLE TO THE MEMBER. THE AUTHORIZED WEIGHT OF EFFECTS AS PACKED AND SHIPPED CANNOT BE ESTABLISHED UNDER THE REGULATIONS BY WEIGHING THE ITEMS UNPACKED AFTER SHIPMENT.

SINCE, ON THE RECORD BEFORE US, THE WEIGHT OF YOUR HOUSEHOLD GOODS AS SHIPPED EXCEEDED YOUR WEIGHT ALLOWANCE PLUS THE PERCENTAGE INCREASE, WE ARE OF THE OPINION THAT YOU WERE PROPERLY CHARGED WITH THE EXCESS COSTS OF THE SHIPMENT IRRESPECTIVE OF THE ACTUAL WEIGHT OF THE MATERIAL USED IN PACKING FOR SHIPMENT AND THAT YOU ARE INDEBTED TO THE UNITED STATES TO THE EXTENT OF SUCH EXCESS COSTS. ACCORDINGLY, PAYMENT OF THE AMOUNT OF $261.13 SHOULD BE MADE TO THE TRANSPORTATION PAYMENT DIVISION, FINANCE CENTER, UNITED STATES ARMY, INDIANAPOLIS 49, INDIANA.

A COPY OF THIS LETTER IS BEING FORWARDED TO THAT DIVISION FOR INFORMATIONAL PURPOSES.