B-123837, OCT. 11, 1955

B-123837, OCT. 11, 1955

TO COMMANDER HARRY RANSON, USNR:

YOUR LETTER OF APRIL 5, 1955, REQUESTED REVIEW OF SETTLEMENT DATED FEBRUARY 9, 1955, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF THE AMOUNT PAID BY YOU TO THE GOVERNMENT AS EXCESS COSTS FOR PACKING AND TRANSPORTING YOUR HOUSEHOLD EFFECTS INCIDENT TO ORDERS DATED JUNE 23, 1953.

BY THESE ORDERS, AS AMENDED, YOU WERE DETACHED FROM DUTY AT BROOKLYN, NEW YORK, AND ASSIGNED TO DUTY AT BALBOA, CANAL ZONE. INCIDENT TO THIS CHANGE OF PERMANENT STATION ONE LOT OF EFFECTS SHOWN AS WEIGHING 3,637 POUNDS NET WAS SHIPPED FOR YOU BY WATER FROM BROOKLYN, NEW YORK, TO THE CANAL ZONE. ANOTHER LOT OF EFFECTS SHOWN AS WEIGHING 9,730 POUNDS GROSS WAS PACKED AND SHIPPED BY RAIL FREIGHT FROM BROOKLYN, NEW YORK, TO SCOTIA, NEW YORK, FOR NONTEMPORARY STORAGE IN A GOVERNMENT FACILITY, ON GOVERNMENT BILL OF LADING NO. N-15759008, ISSUED ON SEPTEMBER 16, 1953, AT A COST OF $598.40 FOR PACKING, CRATING, AND HAULING, AND $104.06 FOR TRANSPORTATION, OR $702.46.

THE RECORD SHOWS THAT YOU PAID TO THE GOVERNMENT $186.10 AS EXCESS COST FOR PACKING, CRATING, AND HAULING, AND $32.38 AS EXCESS COST FOR TRANSPORTATION, OR A TOTAL OF $218.48. YOUR CLAIM FOR REFUND OF THE AMOUNT SO PAID WAS DISALLOWED BY SETTLEMENT DATED FEBRUARY 9, 1955. YOUR REQUEST FOR REVIEW YOU SAY THAT EXCESSIVE PACKING MATERIALS WERE USED IN PACKING YOUR EFFECTS, AND THAT THE ACTUAL NET WEIGHT OF THE EFFECTS DID NOT EXCEED YOUR STATUTORY MAXIMUM NET WEIGHT ALLOWANCE OF 9,000 POUNDS. ON SUCH BASIS YOU URGE THAT NO EXCESS COST IS PROPERLY CHARGEABLE TO YOU.

SECTION 629, DEPARTMENT OF DEFENSE APPROPRIATION ACT FOR 1954, 67 STAT. 336, LIMITED THE NET WEIGHT OF SHIPMENTS OF HOUSEHOLD EFFECTS OF SERVICE PERSONNEL--- PREVIOUSLY SET BY REGULATIONS TO RANGE FROM 4,500 POUNDS TO 24,000 POUNDS BASED ON THE RANK OR GRADE OF THE OWNER--- TO A MAXIMUM OF 9,000 POUNDS. THERE IS NOTHING, HOWEVER, TO INDICATE THAT THE CONGRESS INTENDED ANY CHANGE IN THE ESTABLISHED PROCEDURE FOR REDUCING THE GROSS WEIGHT OF ANY SHIPMENT TO NET WEIGHT.

OBVIOUSLY IT WOULD BE IMPRACTICAL TO WEIGH BEFORE PACKING AT ORIGIN OR AFTER UNPACKING AT DESTINATION EACH OF THE MANY SHIPMENTS OF EFFECTS MADE FOR SERVICE PERSONNEL, AND TO COMPUTE EXCESS COSTS ON THE BASIS OF THE ACTUAL NET WEIGHT SO ASCERTAINED. FOR THIS REASON, THE JOINT TRAVEL REGULATIONS, ISSUED PURSUANT TO STATUTORY AUTHORITY, PROVIDE (PARAGRAPH 8001-1) FOR A PERCENTAGE INCREASE OVER AUTHORIZED NET WEIGHT AS AN ALLOWANCE FOR MATERIALS USED FOR PACKING AND CRATING FOR THE PURPOSE OF COMPUTING AUTHORIZED NET WEIGHT SHIPPED. THE PERCENTAGE INCREASE OVER NET WEIGHT IS INTENDED GENERALLY TO EQUALIZE THE QUANTITY OF EFFECTS WHICH MAY BE SHIPPED BY VARIOUS MEMBERS USING THE SEVERAL MODES OF TRANSPORTATION AUTHORIZED, THAT IS, WATER, RAIL, OR VAN. HENCE, THE ACTUAL WEIGHT OF PACKING MATERIALS NECESSARY TO INSURE SAFE SHIPMENT MAY EXCEED, AND FREQUENTLY DOES EXCEED, THE ADDITIONAL WEIGHT SO AUTHORIZED.

UNDER THE REGULATIONS YOUR AUTHORIZED NET WEIGHT ALLOWANCE WAS 9,000 POUNDS. THE NET WEIGHT OF THE FIRST SHIPMENT AS DETERMINED UNDER THE REGULATIONS WAS 3,637 POUNDS. THE BALANCE OF YOUR AUTHORIZED NET WEIGHT ALLOWANCE OF 9,000 POUNDS WAS 5,363 POUNDS. THE NET WEIGHT OF THE SECOND SHIPMENT AS DETERMINED UNDER THE REGULATIONS WAS 7,784 POUNDS. THE COST TO THE GOVERNMENT FOR PACKING, CRATING, HAULING, AND TRANSPORTATION OF THE SECOND SHIPMENT WAS $702.46. THUS THE PORTION OF THE COST OF THE SECOND SHIPMENT CHARGEABLE TO THE GOVERNMENT WAS 5363/7784 TIMES $702.46, OR $483.98, LEAVING EXCESS COST OF $218.48 CHARGEABLE TO YOU. THAT AMOUNT WAS CHECKED IN YOUR PAY ACCOUNT.