B-134112, DEC. 17, 1957

B-134112, DEC. 17, 1957

TO CHIEF WARRANT OFFICER WILLIE J. BROUGHTON, USN:

YOUR LETTER OF OCTOBER 14, 1957, REQUESTS RECONSIDERATION OF OUR SETTLEMENT DATED JULY 2, 1957, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF THE SUM OF $494.50 COLLECTED FROM YOUR PAY AS EXCESS COST FOR HAULING, PACKING, CRATING, AND SHIPPING YOUR HOUSEHOLD GOODS TO BAYONNE, NEW JERSEY, FOR TRANSHIPMENT TO YOUR OVERSEAS DUTY STATION AND, ALSO, TO PLACE OF STORAGE AT MECHANICSBURG, PENNSYLVANIA, WHILE SERVING AS CHIEF ENGINE MAN IN THE UNITED STATES NAVY.

THE RECORD SHOWS THAT YOU WERE A RESIDENT OF RIVERDALE, MARYLAND, ASSIGNED TO ACTIVE DUTY IN WASHINGTON, D.C., WHEN, BY TRANSFER ORDERS DATED SEPTEMBER 22, 1950, YOU WERE DIRECTED TO PROCEED TO A PERMANENT DUTY STATION OUTSIDE THE CONTINENTAL UNITED STATES. DURING THE LATTER PART OF 1950, AND THE EARLY PART OF 1951, YOUR HOUSEHOLD GOODS (GROSS WEIGHT 9,588 POUNDS, INCLUDING 10 POUNDS OF PROFESSIONAL BOOKS), WERE TRANSPORTED IN THREE SEPARATE LOTS FROM RIVERDALE, MARYLAND (WASHINGTON, D.C.), TO AN OVERSEAS DESTINATION AND TO PLACE OF STORAGE -- MECHANICSBURG, PENNSYLVANIA. SINCE THE TOTAL NET WEIGHT OF ALL YOUR EFFECTS EXCEEDED YOUR AUTHORIZED WEIGHT ALLOWANCE BY 2,053 POUNDS, YOU WERE ASSESSED THE SUM OF $455.04 ON ACCOUNT OF SUCH EXCESS WEIGHT. THE ADDITIONAL SUM OF $39.46 WAS ASSESSED BECAUSE 1,533 POUNDS OF YOUR EFFECTS (SHIPMENT NO. 1) WHICH WERE SHIPPED TO BAYONNE, NEW JERSEY, BY EXPRESS EXCEEDED THE MAXIMUM WEIGHT ALLOWANCE PRESCRIBED FOR EXPRESS SHIPMENT AT GOVERNMENT EXPENSE BY 1,033 POUNDS.

FROM YOUR LETTER REQUESTING A REVIEW OF YOUR CLAIM AND FROM PREVIOUS CORRESPONDENCE ON FILE HERE, IT IS EVIDENT THAT YOU BELIEVE THE EXCESS WEIGHT OF SUCH HOUSEHOLD GOODS WAS DUE TO EXTRA HEAVY CRATING AND PACKING MATERIALS USED IN PREPARING YOUR EFFECTS FOR SHIPMENT AND, ALSO, BECAUSE THE CARRIER PREPARED AND FORWARDED SOME HOUSEHOLD ITEMS OR ARTICLES WHICH WERE NOT REQUIRED AND COULD HAVE REMAINED IN YOUR PERMANENT RESIDENCE DURING YOUR OVERSEAS TOUR OF DUTY.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, PROVIDES FOR TRANSPORTATION--- WITHIN PRESCRIBED WEIGHT ALLOWANCES--- INCLUDING PACKING, CRATING, DRAYAGE, TEMPORARY STORAGE, AND UNPACKING OF BAGGAGE AND HOUSEHOLD EFFECTS, AT GOVERNMENT EXPENSE, OR FOR REIMBURSEMENT IN LIEU THEREOF, FOR MEMBERS OF THE UNIFORMED SERVICES (WITH CERTAIN EXCEPTIONS NOT HERE MATERIAL), WHEN REQUIRED TO MAKE A PERMANENT CHANGE OF STATION, SUBJECT TO REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED. HOWEVER, PRIOR TO APRIL 1, 1951, THE TRANSPORTATION--- INCLUDING PACKING, CRATING, HAULING, STORAGE, AND UNPACKING--- OF SUCH BAGGAGE AND HOUSEHOLD GOODS AT PUBLIC EXPENSE WAS GOVERNED BY EXECUTIVE ORDER NO. 10053, DATED APRIL 20, 1949. THE EXECUTIVE ORDER SETS FORTH THE WEIGHT ALLOWANCES--- DESIGNATED AS ACTUAL NET WEIGHTS--- THAT MAY BE SHIPPED AT GOVERNMENT EXPENSE, AND PROVISION IS MADE FOR PERCENTAGE INCREASES IN THE PRESCRIBED WEIGHT ALLOWANCES FOR DIFFERENT TYPES OF SHIPMENT TO ALLOW FOR ADDITIONAL WEIGHT FOR MATERIAL USED IN PACKING AND CRATING. ALSO, WHEN IT IS NECESSARY TO ASCERTAIN THE NET UNPACKED WEIGHT OF HOUSEHOLD GOODS ALREADY PACKED, THE REGULATIONS PROVIDE THAT TWO-SEVENTHS (40 PERCENT/140 PERCENT) WILL BE SUBTRACTED FROM GROSS WEIGHT OF SUCH HOUSEHOLD GOODS WHEN SHIPPED BY MEANS INVOLVING WATER MOVEMENT, AND ONE-FIFTH (25 PERCENT/125 PERCENT) WILL BE SUBTRACTED FROM THE GROSS WEIGHT OF SUCH HOUSEHOLD GOODS WHEN SHIPPED BY RAIL OR MOTOR FREIGHT. AND WHERE THE TOTAL WEIGHT OF THE HOUSEHOLD GOODS SHIPPED EXCEED THE MAXIMUM PRESCRIBED WEIGHT, WHICH FOR CHIEF ENGINE MAN MAY NOT EXCEED 4,500 POUNDS (NET), THE TRANSPORTATION COSTS ON ANY EXCESS WEIGHT ARE PROPERLY CHARGEABLE TO THE OWNER.

THE GROSS WEIGHT OF SHIPMENT NO. 1 WHICH MOVED BY EXPRESS WAS 1,533 POUNDS. HOWEVER, SINCE SECTION 17 OF THE CITED EXECUTIVE ORDER PERMITS AN EXPRESS SHIPMENT OF NOT TO EXCEED 500 POUNDS AT GOVERNMENT EXPENSE, YOU ARE PROPERLY CHARGEABLE WITH $39.46 AS EXCESS COST THEREON OR 1033/1533 OF $58.56, AND THE BALANCE OF SUCH COST ($19.10) IS PAYABLE BY THE GOVERNMENT. SHIPMENT NO. 2 AS PACKED AND CRATED FOR MOVEMENT ABROAD WEIGHED 2,777 POUNDS. HOWEVER, THE NET WEIGHT THEREOF WAS 1,984 POUNDS, OR 5/7 OF 2,777. THUS, THE AGGREGATE NET WEIGHT OF SHIPMENTS NOS. 1 AND 2 WHICH MOVED AT GOVERNMENT EXPENSE WAS 2,341 POUNDS, LEAVING ONLY 2,159 POUNDS (NET) FOR SHIPMENT AT GOVERNMENT EXPENSE (4,500 LESS 2,341).

THE GROSS WEIGHT OF SHIPMENT NO. 3 AS PREPARED FOR RAIL SHIPMENT TO STORAGE WAS 5,278 POUNDS, INCLUDING 10 POUNDS OF PROFESSIONAL BOOKS, AND THE COST THEREFOR, INCLUDING PACKING AND CRATING WAS $873.99. THE NET WEIGHT OF SHIPMENT NO. 3, WAS 4,222 POUNDS (5,278 LESS 1/5 OR 1,056). THUS, SHIPMENT NO. 3 EXCEEDED YOUR AUTHORIZED NET WEIGHT ALLOWANCE BY 2,053 POUNDS (4,222 LESS 2,159), FOR WHICH YOU ARE PROPERLY CHARGEABLE WITH $424.99 OR 2053/4222 OF $873.99, AS EXCESS COST DUE TO EXCESS NET WEIGHT OF SUCH SHIPMENT.

ALTHOUGH THE ACTUAL WEIGHT OF THE PACKING AND CRATING MATERIALS USED IN CONNECTION WITH THE MOVEMENT OF YOUR EFFECTS MAY HAVE EXCEEDED THE MINIMUM WEIGHT REQUIREMENT NECESSARY TO INSURE SAFE SHIPMENT, NEVERTHELESS, OUR OFFICE IS NOT IN A POSITION TO DETERMINE THAT WITH RESPECT TO A PARTICULAR SHIPMENT THE EXCESS IN WEIGHT WAS DUE TO MATERIALS USED IN PACKING AND CRATING YOUR EFFECTS. THE REGULATIONS SPECIFICALLY PROVIDE THAT PACKING AND CRATING OF ALL HOUSEHOLD GOODS SHALL BE IN ACCORDANCE WITH CURRENT DIRECTIVES. THERE APPEARS TO BE NO PROVISION OF LAW OR REGULATION WHEREBY MEMBERS OF THE UNIFORMED SERVICES MAY BE RELIEVED OF EXCESS COSTS RESULTING FROM SHIPMENTS WHICH EXCEED PRESCRIBED WEIGHT ALLOWANCES. MOREOVER, WITH RESPECT TO YOUR ALLEGATION THAT THE CARRIER INCLUDED IN THE SHIPMENT SOME ITEMS WHICH WERE NOT REQUIRED, THE INDIVIDUAL MEMBER--- NOT THE GOVERNMENT--- MUST ASSUME THE RESPONSIBILITY OF SELECTING OR DETERMINING THE HOUSEHOLD GOODS TO BE TRANSPORTED ABROAD INCIDENT TO PERMANENT CHANGE OF STATION ORDERS TO A DUTY STATION OUTSIDE THE UNITED STATES.

SINCE IT NOW APPEARS THAT THE SUM OF $494.50 INSTEAD OF $464.45 HAS BEEN COLLECTED FROM YOUR PAY, A SUPPLEMENTAL SETTLEMENT FOR $30.05 HAS BEEN AUTHORIZED AND WILL ISSUE IN YOUR FAVOR AS SOON AS PRACTICABLE.