B-131300, JUL. 2, 1957

B-131300, JUL. 2, 1957

TO COMMANDER WILLIAM L. BRANTLEY, USN, RETIRED:

REFERENCE IS MADE TO YOUR COMMUNICATION DATED MARCH 18, 1957, FORWARDING A LETTER DATED AUGUST 4, 1954, FROM THE COMMANDING OFFICER, NAVAL SUPPLY DEPOT, SAN DIEGO, CALIFORNIA. YOU REQUEST REVIEW OF OUR SETTLEMENT DATED NOVEMBER 1, 1956, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF THE AMOUNT PAID BY YOU TO THE GOVERNMENT AS EXCESS COST FOR THE TRANSPORTATION OF YOUR HOUSEHOLD EFFECTS.

BY ORDERS DATED JUNE 18, 1954, AS AMENDED, YOU WERE DETACHED FROM DUTY WITH THE UNITED STATES NAVAL MISSION TO CHILE, VALPARAISO, CHILE, AND DIRECTED TO PROCEED TO A PORT IN THE UNITED STATES AND UPON ARRIVAL TO FURTHER PROCEED TO THE U.S. NAVAL HOSPITAL SAN DIEGO, CALIFORNIA, FOR TREATMENT. THE ORDERS STATED THAT TRAVEL FOR YOURSELF AND DEPENDENTS AND SHIPMENT OF HOUSEHOLD GOODS FROM VALPARAISO, CHILE, TO THE UNITED STATES WOULD INVOLVE NO EXPENSE TO THE UNITED STATES GOVERNMENT. BY ORDERS DATED APRIL 18, 1955, YOU WERE DIRECTED TO PROCEED FROM THE UNITED STATES NAVAL HOSPITAL, SAN DIEGO, CALIFORNIA, AND TO REPORT TO THE MANAGER, VETERANS ADMINISTRATION HOSPITAL, SAN FERNANDO, CALIFORNIA, FOR FURTHER TREATMENT.

PURSUANT TO YOUR APPLICATION DATED JUNE 22, 1955, IN WHICH YOU AGREED TO PAY ALL COSTS NOT AUTHORIZED BY REGULATIONS TO BE PAID BY THE GOVERNMENT, YOUR HOUSEHOLD EFFECTS WERE PACKED AND SHIPPED BY VAN FROM SAN DIEGO, CALIFORNIA, AND CORONADO, CALIFORNIA TO SAN FERNANDO, CALIFORNIA, ON GOVERNMENT BILL OF LADING NO. N30-767111, AT A COST TO THE GOVERNMENT OF $592.99 FOR TRANSPORTATION AND ACCESSORIAL SERVICES. THAT AMOUNT WAS PAID TO THE CARRIER ON VOUCHER NO. 359210, JULY 1955 ACCOUNT OF P. C. VAN SOELEN, SYMBOL 369. THAT SHIPMENT IS REPORTED TO HAVE WEIGHED 12,280 POUNDS, WHICH EXCEEDED BY 1,780 POUNDS YOUR AUTHORIZED WEIGHT ALLOWANCE OF 10,000 POUNDS PLUS 500 POUNDS FOR PACKING MATERIALS, AS PRESCRIBED IN PARAGRAPHS 8001 AND 8002, JOINT TRAVEL REGULATIONS. THE EXCESS WEIGHT RESULTED IN EXCESS COST FOR TRANSPORTATION IN THE AMOUNT OF $51.44 WHICH WAS PAID BY YOU TO THE GOVERNMENT. YOU NOW CLAIM REFUND OF THAT AMOUNT.

THE MAIN BASIS FOR YOUR CLAIM APPEARS TO BE THAT THE EXCESS COST WHICH RESULTED FROM THE SHIPMENT OF YOUR EFFECTS WAS DUE TO THE EXCESSIVE WEIGHT OF THE PACKING MATERIALS WHICH WERE USED IN PACKING YOUR EFFECTS FOR SHIPMENT FROM YOUR PREVIOUS OVERSEAS DUTY STATION, VALPARAISO, CHILE. YOU CONTEND THAT THE HEAVY CRATES WERE NOT REMOVED FROM ALL OF YOUR EFFECTS UNTIL AFTER DELIVERY TO YOUR HOME IN SAN FERNANDO, CALIFORNIA, AND THAT AN ALLOWANCE OF FIVE PERCENT FOR PACKING IS INSUFFICIENT.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, 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 (PARAGRAPH 8001) 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 PUBLIC EXPENSE IS INCREASED BY FIVE PERCENT FOR SHIPMENT BY VAN, AND BY 40 PERCENT FOR SHIPMENT BY RAIL OR WATER. THE REGULATIONS FURTHER PROVIDE (SAME PARAGRAPH) THAT WHEN SPECIALLY DESIGNED HOUSEHOLD GOODS SHIPPING BOXES, LIFT VANS, OR TRANSPORTERS ARE USED, THE DIFFERENCE BETWEEN THE WEIGHT OF THE CONTAINER WHEN LOADED AND WHEN EMPTY (THAT IS, THE WEIGHT OF GOODS IN THE CONTAINER) WILL BE REDUCED BY 15 PERCENT TO ALLOW FOR THE WEIGHT OF THE PACKING MATERIALS WITHIN THE CONTAINER.

THE 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 ALLOWANCES SET FORTH IN THE REGULATIONS. WEIGHTS EXCEEDING THE MAXIMUM OVER-ALL WEIGHT ARE PROPERLY CHARGEABLE TO THE SHIPPER.

FURTHERMORE, WHILE IT MAY BE THAT SOME OF THE GOODS SHIPPED FROM SAN DIEGO TO SAN FERNANDO WERE IN THE CASES IN WHICH THEY WERE SHIPPED FROM OVERSEAS, THE RECORD PRESENTS NO BASIS FOR DETERMINING THE WEIGHT OF SUCH GOODS. IN THAT CONNECTION, IT IS NOTED THAT THE BILL IN THE AMOUNT OF $592.99 COVERING THE SHIPMENT TO SAN FERNANDO INCLUDED A PACKING CHARGE OF $229.50. THE LETTER ENCLOSED WITH YOUR LETTER OF MARCH 18, 1957, IS TO THE EFFECT THAT ON AUGUST 4, 1954, THE NAVAL SUPPLY DEPOT, SAN DIEGO, HAD RECEIVED YOUR HOUSEHOLD GOODS WEIGHING 13,849 POUNDS, SHIPPED ON BILL OF LADING NO. 31655320. ALSO, IT APPEARS THAT AN ADDITIONAL SHIPMENT OF YOUR HOUSEHOLD GOODS, WEIGHING 2160 POUNDS, WAS MADE ON BILL OF LADING NO. N- 31267722, DATED SEPTEMBER 2, 1954, FROM NEWPORT, RHODE ISLAND, TO SAN DIEGO. IF THOSE SHIPMENTS INCLUDED YOUR GOODS THAT WERE RETURNED FROM OVERSEAS, THE RECORD DOES NOT SHOW THE PORTION, IF ANY, THAT WAS STILL IN THE OVERSEAS SHIPPING CASES OR CRATES WHEN MOVED TO SAN FERNANDO.

SINCE THE WEIGHT OF YOUR HOUSEHOLD GOODS AS SHIPPED EXCEEDED YOUR WEIGHT ALLOWANCE PLUS THE ALLOWANCE FOR PACKING AND CRATING, YOU WERE PROPERLY CHARGED WITH THE EXCESS COST OF THE SHIPMENT. ACCORDINGLY, THERE IS NO AUTHORITY FOR PAYMENT OF YOUR CLAIMS.