B-145521, JUL. 13, 1961

B-145521, JUL. 13, 1961

TO CAPTAIN AMOS E. CARRICK:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 7, 1961, CONCERNING A LETTER DATED FEBRUARY 23, 1961, TO YOU FROM THE CLAIMS DIVISION OF THIS OFFICE. THAT LETTER EXPRESSED AGREEMENT WITH THE VIEWS OF THE TRANSPORTATION DIVISION, UNITED STATES ARMY, AS TO YOUR LIABILITY FOR EXCESS WEIGHT CHARGES INCIDENT TO THE MOVEMENT OF YOUR HOUSEHOLD GOODS TO MEMPHIS, TENNESSEE, PURSUANT TO CHANGE OF STATION ORDERS LO 3-19, ISSUED ON MARCH 23, 1959, BY HEADQUARTERS, SECOND QUARTERMASTER GROUP, APO 154.

YOU URGE THAT YOU SHOULD BE RELIEVED OF LIABILITY FOR THE EXCESS COSTS INCURRED. IT IS YOUR CONTENTION THAT SINCE A PORTION OF YOUR HOUSEHOLD GOODS BEING RETURNED FROM OVERSEAS WERE SHIPPED BY SEA VAN AFTER THEY HAD BEEN PACKED AND CRATED FOR ORDINARY FREIGHT SHIPMENT YOU SHOULD BE ALLOWED A 40 PERCENT REDUCTION IN THE GROSS WEIGHT IN COMPUTING THE SHIPPING CHARGES. YOU SAY THAT IT IS THE INTENT OF PARAGRAPH 8001.1, JOINT TRAVEL REGULATIONS TO ALLOW, UNDER SUCH CIRCUMSTANCES, A REDUCTION OF 40 PERCENT IN THE GROSS WEIGHT OF THE SHIPMENT TO DETERMINE THE NET WEIGHT OF THE GOODS CHARGEABLE AGAINST YOUR WEIGHT ALLOWANCE.

THE INDEBTEDNESS IN YOUR CASE HAS NOT BEEN REFERRED TO US FOR COLLECTION. HOWEVER RECORDS FURNISHED US BY THE DEPARTMENT OF THE ARMY SHOW THAT INCIDENT TO YOUR PERMANENT CHANGE OF STATION FROM GERMANY TO THE UNITED STATES ONE LOT OF YOUR HOUSEHOLD EFFECTS WAS SHIPPED BY SEA VAN AT GOVERNMENT EXPENSE FROM PATTONVILLE, GERMANY, TO MEMPHIS, TENNESSEE. THE GROSS WEIGHT OF THIS SHIPMENT IS SHOWN AS 3,982 POUNDS FROM WHICH 190 POUNDS WAS SUBTRACTED AS THE AUTHORIZED WEIGHT ALLOWANCE FOR PACKING MATERIALS USED FOR SHIPMENT BY SEA VAN, LEAVING A NET WEIGHT OF 3,792 POUNDS. IT WAS ADMINISTRATIVE DETERMINED THAT THE WEIGHT OF THIS SHIPMENT TOGETHER WITH THE WEIGHTS OF OTHER SHIPMENTS MADE INCIDENT TO THE SAME CHANGE OF STATION EXCEEDED YOUR AUTHORIZED PERMANENT CHANGE OF STATION WEIGHT ALLOWANCE RESULTING IN EXCESS COST OF $49.24.

PARAGRAPH 8001-1 OF THE JOINT TRAVEL REGULATIONS PROVIDES 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 GOVERNMENT EXPENSE IS INCREASED BY FIVE PERCENT FOR SHIPMENT BY VAN AND BY 40 PERCENT FOR SHIPMENT BY FREIGHT. PARAGRAPH 8400-5 OF THE SAME REGULATIONS PROVIDES THAT THE OFFICER DESIGNATED BY THE SERVICE CONCERNED WILL DETERMINE ANY COST IN EXCESS OF AUTHORIZED ALLOWANCES FOR WEIGHT, DISTANCE, AND METHOD OF SHIPMENT AND WILL NOTIFY THE MEMBER OF THE AMOUNT PAYABLE AND THE METHOD OF PAYMENT.

THUS, THE QUESTION OF WHETHER THE WEIGHT OF YOUR HOUSEHOLD EFFECTS EXCEEDED YOUR AUTHORIZED WEIGHT ALLOWANCE IS A MATTER PRIMARILY FOR ADMINISTRATIVE DETERMINATION. SINCE IT HAS BEEN ADMINISTRATIVELY DETERMINED THAT THE SHIPMENT OF YOUR EFFECTS HERE INVOLVED EXCEEDED YOUR AUTHORIZED PERMANENT CHANGE OF STATION WEIGHT ALLOWANCE AND THE RECORDS BEFORE US DO NOT AFFORD A BASIS FOR A FINDING THAT THE ADMINISTRATIVE DETERMINATION IS ERRONEOUS, WE MAY NOT CONCLUDE THAT YOU ARE NOT INDEBTED TO THE UNITED STATES FOR THE EXCESS COST FOR THE SHIPMENT OF YOUR EFFECTS. HENCE, ON THE BASIS OF THE PRESENT RECORD, PAYMENT OF THE AMOUNT OF $49.24 SHOULD BE MADE TO THE TRANSPORTATION DIVISION, FINANCE CENTER, UNITED STATES ARMY, INDIANAPOLIS 49, INDIANA.

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