B-155307, JAN. 27, 1965

B-155307, JAN. 27, 1965

TO STAFF SERGEANT CLARK D. RANDALL, USAF:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JULY 7, 1964, REQUESTING REVIEW OF THE SETTLEMENT OF JANUARY 31, 1963, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF $765.06, REPRESENTING THE AMOUNT COLLECTED FROM YOU AS THE EXCESS COST OF SHIPPING YOUR HOUSEHOLD EFFECTS IN FEBRUARY 1961.

BY PARAGRAPH 1, SPECIAL ORDERS NO. A-24, DATED FEBRUARY 8, 1961, YOU WERE RELIEVED FROM ASSIGNMENT AT APO 919 AND ASSIGNED TO HEADQUARTERS 3345TH TECHNICAL SCHOOL USAF (ATC), CHANUTE AIR FORCE BASE, ILLINOIS, WITH PERMANENT STATION AT HEADQUARTERS 3345TH TECHNICAL SCHOOL USAF (ATC), SYRACUSE UNIVERSITY, SYRACUSE, NEW YORK. YOUR HOUSEHOLD EFFECTS WERE SHIPPED FROM MISAWA AIR BASE, JAPAN, TO SYRACUSE, NEW YORK, ON GOVERNMENT BILL OF LADING AF1632152, DATED FEBRUARY 23, 1961. THE SHIPMENT WAS IN A SEA VAN. SINCE YOUR EFFECTS AS SHIPPED WEIGHED 6,990 POUNDS AND YOUR AUTHORIZED WEIGHT ALLOWANCE, INCLUDING PROFESSIONAL BOOKS AND EQUIPMENT, WAS 5,466 POUNDS, THERE WAS INCURRED AN EXCESS COST OF $726.95 FOR FREIGHT AND $38.10 FOR STORAGE, DRAYAGE AND WAREHOUSE HANDLING OR A TOTAL OF $765.05, WHICH SUM YOU HAVE REPAID. IN PRESENTING YOUR CLAIM FOR REFUND YOU STATED THAT WHEN YOU SHIPPED YOUR HOUSEHOLD EFFECTS FROM SYRACUSE, NEW YORK, TO JAPAN IN FEBRUARY 1958, AN EXCESS WEIGHT OF 810 POUNDS WAS INVOLVED; THAT IN VIEW OF THIS, AND TO PREVENT A RECURRENCE OF SUCH DIFFICULTY, YOU SOLD HOUSEHOLD EFFECTS HAVING AN ESTIMATED WEIGHT OF 1,438 POUNDS WHILE YOU WERE IN JAPAN AND PURCHASED ITEMS HAVING AN ESTIMATED WEIGHT OF 277 POUNDS, AND THAT YOU BELIEVE YOUR EFFECTS WERE OVERPACKED AS MUCH AS 90 PERCENT IN THE PRESENT SHIPMENT. AS AN EXAMPLE, YOU SAY ONE CREAM PITCHER WAS PACKED IN A BEER CASE.

THE PERTINENT STATION, 37 U.S.C. 406, 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. THE JOINT TRAVEL REGULATIONS IN EFFECT AT THE TIME HERE INVOLVED PROVIDE (PARAGRAPH 8001, CHANGE 98, NOVEMBER 1, 1960), THAT HOUSEHOLD EFFECTS WITHIN SPECIFIED WEIGHT ALLOWANCES, DESIGNATED AS ACTUAL NET WEIGHTS, ARE AUTHORIZED FOR SHIPMENT. SUCH WEIGHTS FOR THE VARIOUS RANKS AND GRADES WERE SET FORTH IN PARAGRAPH 8002. PARAGRAPH 8001 PROVIDES THAT WHEN THE ACTUAL NET WEIGHT OF UNPACKED AND UNCRATED HOUSEHOLD GOODS IS NOT KNOWN AND THE SHIPMENT IS BY SEA VAN THE NET WEIGHT OF HOUSEHOLD GOODS CHARGEABLE AGAINST THE MEMBER'S PRESCRIBED WEIGHT ALLOWANCE WILL BE DETERMINED BY DEDUCTING 5 PERCENT FROM THE GROSS WEIGHT OF THE SHIPMENT. IN YOUR CASE THE SAME RESULT WAS ACCOMPLISHED BY ADDING 5.263 PERCENT TO YOUR AUTHORIZED WEIGHT ALLOWANCE OF 5,000 POUNDS PURSUANT TO PARAGRAPH 5707C/4) (B), AIR FORCE MANUAL 75-4.

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 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 ALLOWANCE SET FORTH IN THE REGULATIONS. WEIGHT EXCEEDING MAXIMUM OVER ALL WEIGHT IS CHARGEABLE TO THE SHIPPER. THERE IS NO REQUIREMENT THAT THE MATERIALS USED FOR PACKING MATCH POUND FOR POUND THE ALLOWANCE FOR PACKING BY THE MODE OF TRANSPORTATION UTILIZED, NOR IS THERE ANY PROVISION FOR ESTABLISHING NET WEIGHT BY WEIGHING PACKING MATERIALS SEPARATELY AFTER SHIPMENT HAS BEEN ACCOMPLISHED. THUS, WHILE THE WEIGHT OF THE PACKING MATERIALS MAY VARY FROM SHIPMENT TO SHIPMENT, NEITHER THE OVER-ALL WEIGHT OF A PRIOR SHIPMENT NOR THE WEIGHT OF THE PACKING MATERIALS USED IN THAT SHIPMENT MAY BE CONSIDERED IN DETERMINING THE EXCESS COST OF A SUBSEQUENT SHIPMENT. LIKEWISE THE WEIGHT OF A PARTICULAR SHIPMENT MAY NOT BE DETERMINED ON THE BASIS OF THE WEIGHT OF ARTICLES THE MEMBER MAY HAVE DISPOSED OF OR ACQUIRED BETWEEN SHIPMENTS.

SINCE THE HOUSEHOLD GOODS SHIPPED INCIDENT TO THE ORDER OF FEBRUARY 8, 1961, EXCEEDED YOUR AUTHORIZED WEIGHT ALLOWANCE, YOU WERE PROPERLY CHARGED WITH EXCESS COST AND THERE IS NO BASIS FOR THE ALLOWANCE OF YOUR CLAIM. THE SETTLEMENT OF JANUARY 31, 1963, IS SUSTAINED.

HOWEVER, AT THE TIME YOUR HOUSEHOLD EFFECTS WERE SHIPPED THERE WAS IN EFFECT PARAGRAPH 8001-3 OF THE JOINT TRAVEL REGULATIONS (CHANGE 98, NOVEMBER 1, 1960) WHICH PROVIDES FOR REFERRAL TO APPROPRIATE AUTHORITY OF THE SERVICE CONCERNED FOR AUTHORIZATION TO DEVIATE FROM THE PRESCRIBED PACKING AND CRATING ALLOWANCES IN THOSE CASES WHERE THE TARE WEIGHTS ARE EXCESSIVE THROUGH NO FAULT OF THE OWNER. PARAGRAPH 5707D, AIR FORCE MANUAL 75-4, PROVIDES THAT IN CASES WHERE IT HAS BEEN DETERMINED THAT THE MEMBER WILL BE UNJUSTLY CHARGED FOR EXCESS COSTS AFTER THE APPLICATION OF A FORMULA TO ALLOW FOR THE WEIGHT OF PACKING, THE CASE MAY BE REFERRED TO HEADQUARTERS, UNITED STATES AIR FORCE (AFSTPE) FOR REVIEW AND DETERMINATION.

POSSIBLY YOU MAY BE ENTITLED TO HAVE YOUR CASE CONSIDERED UNDER THOSE PROVISIONS. IF, PURSUANT TO YOUR APPLICATION, HEADQUARTERS UNITED STATES AIR FORCE (AFSTPE) EFFECTS AN ADJUSTMENT IN THE WEIGHTS OF YOUR HOUSEHOLD GOODS UNDER SUCH PROVISIONS WE WILL GIVE YOUR CLAIM FURTHER CONSIDERATION.