B-144670, FEB. 15, 1961

B-144670, FEB. 15, 1961

TO COLONEL JOHN R. SMOAK:

YOUR LETTER OF NOVEMBER 25, 1960, REQUESTS REVIEW OF THE SETTLEMENT OF OCTOBER 27, 1960, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF $47.24, REPRESENTING THE AMOUNT PAID BY YOU TO THE GOVERNMENT AS THE EXCESS COST OF SHIPPING HOUSEHOLD EFFECTS IN EXCESS OF YOUR AUTHORIZED WEIGHT ALLOWANCE FROM HARRISBURG, PENNSYLVANIA, TO FORT JACKSON, SOUTH CAROLINA.

THE RECORD SHOWS THAT BY SPECIAL ORDERS NO. 79, DATED APRIL 19, 1958, YOUR HOUSEHOLD EFFECTS WERE SHIPPED UNDER THREE BILLS OF LADING (WY 9303474; WY 9334084; WY 7811482), THE LAST SHIPMENT BEING FROM COMMERCIAL STORAGE AT HARRISBURG, PENNSYLVANIA, TO FORT JACKSON, SOUTH CAROLINA, YOUR NEW STATION. FORM 21-57, DATED JULY 27, 1960, PURSUANT TO WHICH YOU PAID $47.24, EXCESS COST OF TRANSPORTATION, SHOWS THAT THE SHIPMENT, LESS APPROPRIATE PERCENTAGE ALLOWANCES FOR PACKING, ETC., COST THE GOVERNMENT $306.88, OF WHICH $259.64 WAS THE MAXIMUM ALLOWABLE. YOU WERE CHARGED THE EXCESS COST OF SHIPMENT OF YOUR HOUSEHOLD GOODS OVER YOUR PRESCRIBED WEIGHT ALLOWANCE OF 11,000 POUNDS.

IN YOUR ORIGINAL CLAIM YOU BASED YOUR ENTITLEMENT TO REFUND ON YOUR OWN STATEMENT THAT CLIMATIC CONDITIONS IN TAIWAN NECESSITATED YOUR ACQUIRING ADDITIONAL HEAVY PIECES OF KITCHEN EQUIPMENT, CLOTHING, FURNITURE AND OTHER PERSONAL EFFECTS FOR YOUR FAMILY. YOU FURTHER STATE THAT YOU WERE INCORRECTLY ASSURED BY TRANSPORTATION PERSONNEL IN TAIWAN BEFORE YOUR DEPARTURE THAT YOUR HOUSEHOLD GOODS WERE WITHIN YOUR AUTHORIZED WEIGHT ALLOWANCE AND IN RELIANCE UPON SUCH ASSURANCE THE SHIPMENT WAS MADE. THE RECORD SHOWS THAT YOU WERE NOTIFIED BY LETTER OF JULY 9, 1956, THAT YOU HAD 5,600 POUNDS OF YOUR HOUSEHOLD GOODS IN COMMERCIAL STORAGE AT GOVERNMENT EXPENSE IN HARRISBURG, PENNSYLVANIA. YOUR LETTER REQUESTING RECONSIDERATION OF YOUR CLAIM PRESENTS NO EVIDENCE WHICH WAS NOT BEFORE THIS OFFICE WHEN SETTLEMENT OF OCTOBER 27, 1960, WAS MADE, IT MERELY ASKS THAT FURTHER CONSIDERATION BE GIVEN TO YOUR REASONS FOR INCURRING THE EXCESS TRANSPORTATION COSTS IN YOUR CASE.

THE JOINT TRAVEL REGULATIONS PRESCRIBED PURSUANT TO AUTHORITY CONTAINED IN SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (C), AND APPLICABLE DURING THE PERIOD HERE INVOLVED PROVIDED (PARAGRAPH 8001) THAT HOUSEHOLD EFFECTS WITHIN SPECIFIED WEIGHT ALLOWANCES, DESIGNATED AS NET WEIGHTS WERE AUTHORIZED FOR SHIPMENT. SUCH WEIGHTS WERE SET FORTH FOR VARIOUS RANKS AND GRADES AND PROVISION WAS MADE FOR A PERCENTAGE INCREASE TO ALLOW FOR PACKING AND CRATING. UNDER SUCH PROVISIONS, THE AUTHORIZED NET WEIGHT OF HOUSEHOLD EFFECTS WHICH MIGHT BE SHIPPED AT PUBLIC EXPENSE WAS INCREASED 5 PERCENT FOR SHIPMENT BY VAN. THE REGULATIONS CONTEMPLATED THAT SUCH SHIPMENTS AT GOVERNMENT EXPENSE SHOULD BE ON THE BASIS OF THE REGULATIONS AS PRESCRIBED 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 WAS BUT ONE COMPONENT PART, REPRESENTS THE MAXIMUM WEIGHT THAT MIGHT BE SHIPPED AT GOVERNMENT EXPENSE, IRRESPECTIVE OF WHETHER THE ACTUAL NET WEIGHT OF THE GOODS SHIPPED EXCEEDED THE NET WEIGHT ALLOWANCE SET FORTH IN THE REGULATIONS. THE COST OF SHIPPING ANY WEIGHT IN EXCESS OF THE MAXIMUM OVER-ALL WEIGHT FIXED BY THE REGULATIONS FOR SHIPMENT AT GOVERNMENT EXPENSE PROPERLY IS CHARGEABLE TO THE MILITARY MEMBER.

IN OUR CONSIDERATION OF YOUR CLAIM, WE ARE WITHOUT AUTHORITY TO MAKE ANY DEVIATIONS IN YOUR AUTHORIZED WEIGHT ALLOWANCE. THIS IS SO, EVEN THOUGH YOU MAY HAVE BEEN MISINFORMED AS TO THE WEIGHT OF YOUR SHIPMENT BY GOVERNMENT TRANSPORTATION PERSONNEL IN TAIWAN. SINCE THE WEIGHT OF YOUR HOUSEHOLD EFFECTS 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, THE SETTLEMENT OF OCTOBER 27, 1960, WAS CORRECT AND IS SUSTAINED.