B-147165, OCT. 17, 1961

B-147165, OCT. 17, 1961

TO SERGEANT MANSUR M. KERWIN, RA 11 172 791:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 5, 1961, IN WHICH YOU REQUEST REVIEW OF OUR SETTLEMENT OF MAY 26, 1961, BY WHICH THERE WAS REFUNDED $63.91 OF THE $324.94 YOU PAID ON ACCOUNT OF EXCESS WEIGHT INVOLVED IN THE SECOND OF TWO SHIPMENTS OF YOUR HOUSEHOLD EFFECTS MADE INCIDENT TO PERMANENT CHANGE OF STATION TRANSFER FROM OKINAWA, RYUKYU ISLANDS, TO FORT BLISS, TEXAS, PURSUANT TO ORDERS DATED MARCH 27, 1959.

OUR SETTLEMENT PROVIDED A PARTIAL REFUND OF THE EXCESS COST COLLECTED FROM YOU ON THE BASIS THAT SINCE THE FIRST SHIPMENT, INVOLVING EFFECTS MOVED FROM OKINAWA TO FORT BLISS, TEXAS, WAS SHIPPED BY SEA VAN, YOU WERE ENTITLED UNDER PARAGRAPH 8001-2, JOINT TRAVEL REGULATIONS, TO AN INCREASE OF 15 PERCENT OF THE WEIGHT OF YOUR EFFECTS TO ALLOW FOR THE WEIGHT OF PACKING MATERIALS USED IN SUCH VAN. THE SETTLEMENT STATED FURTHER THAT IN THE ABSENCE OF AUTHENTICATED EVIDENCE TO THE CONTRARY, THE PACKED NET WEIGHTS OF 3,860 POUNDS AND 3,500 POUNDS AS SHOWN ON THE ORIGINAL BILLS OF LADING OF THE SHIPMENTS INVOLVED MUST BE ACCEPTED AS BEING CORRECT. YOU STATE IN THAT CONNECTION THAT YOU PREVIOUSLY FURNISHED EVIDENCE WHICH PROVED THAT YOU HAD NO OVERWEIGHT AT ANY TIME AND CONTEND THEREFORE THAT YOU ARE DUE A REFUND OF THE BALANCE OF THE EXCESS COST YOU PAID.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (C), PROVIDES THAT UNDER SUCH CONDITIONS AND LIMITATIONS AND FOR SUCH RANKS, GRADES, OR RATINGS AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO TRANSPORTATION OF HOUSEHOLD EFFECTS TO AND FROM SUCH LOCATIONS AND WITHIN SUCH WEIGHT ALLOWANCES AS MAY BE PRESCRIBED BY THE SECRETARIES. PURSUANT TO THAT AUTHORITY OF LAW, PARAGRAPH 8002, OF THE JOINT TRAVEL REGULATIONS, IN EFFECT AT THE TIME OF SHIPMENT, PROVIDED FOR A WEIGHT LIMITATION OF 5,000 POUNDS FOR AN ENLISTED MEMBER OF YOUR GRADE ON A PERMANENT CHANGE OF STATION TRANSFER. TO ALLOW FOR PACKING AND CRATING MATERIAL NEEDED FOR SHIPMENTS MADE IN CERTAIN ESPECIALLY DESIGNED CONTAINERS, INCLUDING LIFT VANS AND TRANSPORTERS, PARAGRAPH 8001-2 OF THE REGULATIONS PROVIDED FOR A REDUCTION BY 15 PERCENT OF THE DIFFERENCE BETWEEN THE GROSS AND THE EMPTY WEIGHT OF THE CONTAINER, THE REMAINING WEIGHT TO BE CHARGED AGAINST THE OWNER'S PRESCRIBED WEIGHT ALLOWANCE.

THE RECORD INDICATES THAT OF THE TWO SHIPMENTS OF YOUR HOUSEHOLD EFFECTS MADE TO FORT BLISS, TEXAS, PURSUANT TO THE CHANGE OF STATION ORDERS DATED MARCH 27, 1959, THE FIRST SHIPMENT WAS FROM OKINAWA, AS EVIDENCED BY A BILL OF LADING DATED APRIL 13, 1959, AND THE SECOND WAS SENT FROM LAWRENCE, MASSACHUSETTS, AS INDICATED BY A BILL OF LADING DATED MAY 28, 1959. IT APPEARS THAT THE FIRST SHIPMENT WENT BY SEA VAN TO THE UNITED STATES AND WAS PICKED UP BY THE NORTH AMERICAN VAN LINES. THE VOUCHER PAYING THE CARRIER SHOWS THE NET WEIGHT OF THE SHIPMENT AS 3,860 POUNDS AS EVIDENCED BY A SCALE TICKET DATED MAY 20, 1959, ATTACHED TO THE VOUCHER. THE SCALE TICKET CONTAINS THE TARE AND GROSS WEIGHT OF THE VANAS AUTOMATICALLY POSTED ON THE TICKET BY A MECHANICAL DEVICE FORMING A PART OF THE SCALES. THE SCALE TICKET WAS SIGNED BY THE PUBLIC WEIGHMASTER AT LONG BEACH, CALIFORNIA, AND BY THE DRIVER OF THE VAN. THE VOUCHER PAYING FOR THE SECOND SHIPMENT SHOWS ITS NET WEIGHT AS 3,500 POUNDS, EVIDENCED BY A WEIGHT CERTIFICATE DATED JUNE 5, 1959. SINCE BOTH SHIPMENTS WERE BY VAN, THE EXCESS WEIGHT INVOLVED WAS COMPUTED BY THE ARMY ON THE BASIS THAT THE TOTAL WEIGHT ALLOWANCE YOU COULD HAVE SHIPPED AT GOVERNMENT EXPENSE ON A PERMANENT CHANGE OF STATION TRANSFER WAS 5,000 POUNDS, INCREASED BY 5 PERCENT TO 5,250 POUNDS FOR VAN SHIPMENTS. UNDER THEIR COMPUTATION, THE FIRST SHIPMENT OF 3,860 POUNDS REDUCED THE WEIGHT ALLOWANCE BALANCE TO 1,390 POUNDS AND SINCE YOUR SECOND SHIPMENT WEIGHED 3,500 POUNDS, YOUR TOTAL AUTHORIZED WEIGHT ALLOWANCE WAS EXCEEDED BY 2,110 POUNDS. ACCORDINGLY, YOU WERE CHARGED THE COST OF THE EXCESS WEIGHT OF 2,110 POUNDS AT THE RATE OF $15.40 PER 100 POUNDS, THE BASIC COST FOR THE SHIPMENT FROM LAWRENCE, MASSACHUSETTS, TO FORT BLISS, TEXAS. YOU WERE FOUND, THEREFORE, TO BE INDEBTED FOR EXCESS TRANSPORTATION COSTS IN THE SUM OF $324.94.

UPON A CONSIDERATION THAT THE VAN USED IN THE TRANSOCEANIC PORTION OF THE FIRST SHIPMENT WAS IN THE NATURE OF A SPECIAL CONTAINER CONTEMPLATED IN PARAGRAPH 8001-2 OF THE REGULATIONS, THE NET SHIPPING WEIGHT OF 3,860 POUNDS WAS REDUCED BY 15 PERCENT (579 POUNDS) AS AUTHORIZED IN THAT PARAGRAPH, LEAVING A NET WEIGHT OF 3,281 POUNDS CHARGEABLE AGAINST YOUR 5,000 POUND WEIGHT ALLOWANCE, AND 1,719 POUNDS AVAILABLE FOR FURTHER SHIPMENTS. IN OUR SETTLEMENT OF MAY 26, 1961, YOU WERE ALLOWED $63.91 ON THE BASIS OF THAT ADDITIONAL WEIGHT ALLOWANCE BEING AVAILABLE FOR THE SECOND SHIPMENT.

IN YOUR LETTER OF FEBRUARY 2, 1961, SUBMITTED WITH YOUR ORIGINAL CLAIM YOU STATED THAT EXCEPT FOR ONE HI-FI RECORD PLAYER, THE GOODS SHIPPED FROM OKINAWA AND MASSACHUSETTS WERE THE SAME AS THE GOODS PICKED UP IN EL PASO ON YOUR NEXT ASSIGNMENT OVERSEAS AND THAT SUCH GOODS, TOGETHER WITH ADDITIONAL FURNITURE YOU BOUGHT SUBSEQUENT TO YOUR ARRIVAL AT ELPASO, TEXAS, WEIGHED LESS THAN YOUR AUTHORIZED ALLOWANCE. IN SUPPORT OF YOUR STATEMENT, YOU FURNISHED AN INVENTORY OF YOUR HOUSEHOLD GOODS AS THEY WERE ON OCTOBER 22, 1960, AT THE INTERNATIONAL MOVING AND WAREHOUSE COMPANY, EL PASO, TEXAS, WHICH YOU STATED WERE THE SAME EFFECTS AS THOSE SHIPPED FROM OKINAWA AND MASSACHUSETTS IN 1959 PLUS WHAT YOU LATER BOUGHT AT EL PASO. THE TOTAL WEIGHT OF THE GOODS, INCLUDING THE ADDITIONAL FURNITURE, WAS ATTESTED TO ON TWO WEIGHT SCALE CERTIFICATES AS TOTALING 3,480 POUNDS.

THE VOUCHERS EVIDENCING PAYMENT FOR THE TWO SHIPMENTS DO NOT CONTAIN ANY INVENTORY OF THE CONTENTS OF THESE SHIPMENTS OTHER THAN AN INDICATION OF THE NUMBER AND TYPES OF CONTAINERS USED AS SHOWN ON THE ACCESSORIAL SERVICES CERTIFICATES FURNISHED IN CONNECTION WITH THE FIRST SHIPMENT. THEREFORE, WE HAVE NO MEANS OF ASCERTAINING THAT THE INVENTORY YOU SUBMITTED AS OF OCTOBER 22, 1960, WAS THE SAME AS THAT INVOLVED IN THE TWO SHIPMENTS IN QUESTION, TAKING INTO CONSIDERATION THE DELETIONS AND ADDITIONS YOU MENTIONED. ACCORDINGLY, WE MAY NOT ACCEPT WEIGHT CERTIFICATES ON THE MORE RECENT SHIPMENT AS CONTRAVENING THE WEIGHTS SHOWN ON THE WEIGHT CERTIFICATES ATTACHED TO THE VOUCHERS EVIDENCING PAYMENT TO THE CARRIERS FOR THE SHIPMENT OF YOUR EFFECTS FROM OKINAWA AND FROM LAWRENCE, MASSACHUSETTS, TO FORT BLISS, TEXAS.

ACCORDINGLY, ON THE BASIS OF THE AVAILABLE RECORD THE SETTLEMENT OF MAY 26, 1961, MUST BE SUSTAINED. THE ENCLOSURES SENT WITH YOUR LETTER OF FEBRUARY 2, 1961, HAVING BECOME A PART OF THE RECORD ON WHICH DISPOSITION OF YOUR CLAIM WAS BASED, MUST BE RETAINED HERE AS A PART OF OUR PERMANENT RECORDS AND MAY NOT BE RETURNED AT YOUR REQUEST.

A COPY OF THIS LETTER IS BEING SENT TO SENATOR GEORGE D. AIKEN IN VIEW OF HIS EXPRESSED INTEREST IN THE MATTER.