B-147792, JAN. 8, 1962

B-147792, JAN. 8, 1962

TO LIEUTENANT (JG) BAXTER D. GREEN, JR., USN:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 2, 1961, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF FEBRUARY 25, 1959, WHICH DISALLOWED YOUR CLAIM FOR $244.63, REPRESENTING THE AMOUNT COLLECTED FROM YOU AS THE EXCESS COST OF SHIPPING YOUR HOUSEHOLD EFFECTS INCIDENT TO ORDERS DATED SEPTEMBER 29, 1955.

THE ORDERS OF SEPTEMBER 29, 1955, TRANSFERRED YOU FROM WASHINGTON, D.C., TO SANGLEY POINT, REPUBLIC OF PHILIPPINES. AT YOUR REQUEST CERTAIN QUANTITIES OF YOUR EFFECTS WERE PACKED, CRATED AND SHIPPED IN TWO LOTS FROM ALEXANDRIA, VIRGINIA, TO YOUR OVERSEAS STATION AND TO GUILFORD, NORTH CAROLINA, RESPECTIVELY. THE REMAINDER OF YOUR EFFECTS WAS SHIPPED IN TWO ADDITIONAL LOTS FROM ALEXANDRIA, VIRGINIA, TO MECHANICSBURG, PENNSYLVANIA. THE LAST LOT WAS SHIPPED ON DECEMBER 9, 1955. SINCE THE EFFECTS AS PACKED, CRATED AND SHIPPED EXCEEDED YOUR AUTHORIZED WEIGHT ALLOWANCE AS INCREASED TO ALLOW FOR THE WEIGHT OF PACKING AND CRATING MATERIALS, YOU WERE CHARGED WITH EXCESS COST OF $244.63 AND THAT AMOUNT WAS COLLECTED FROM YOU BY CHECK AGE AGAINST YOUR PAY ACCOUNT.

WITH PARTICULAR REFERENCE TO THE SHIPMENTS TO MECHANICSBURG THE RECORD SHOWS THAT THE NET WEIGHT OF THE THIRD LOT WAS 730 POUNDS AND THAT THE PACKED WEIGHT SHIPPED ON A GOVERNMENT BILL OF LADING FOR THE FOURTH LOT WAS 7,131 POUNDS. SINCE YOUR NET REMAINING WEIGHT ALLOWANCE AFTER THE FIRST THREE SHIPMENTS WAS 4,564 POUNDS (3,260 POUNDS PLUS 40 PERCENT FOR PACKING), THE EXCESS WEIGHT ON THE FOURTH SHIPMENT WAS 2,567 POUNDS, AND THE EXCESS COST WAS COMPUTED ON THAT WEIGHT. WITH YOUR PRESENT LETTER YOU FURNISHED EVIDENCE INDICATING THAT THE EFFECTS WERE SHIPPED FROM STORAGE IN MECHANICSBURG TO NORFOLK, VIRGINIA, ON SEPTEMBER 7, 1961, AND THAT THEY WERE UNPACKED AT NORFOLK AND FOUND TO WEIGH 3,640 POUNDS. ON THAT BASIS YOU CONTEND THAT THERE WAS NO EXCESS WEIGHT INVOLVED IN THE 1955 SHIPMENTS AND THAT THE EXCESS COST COLLECTED FROM YOU SHOULD BE REFUNDED.

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 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. PARAGRAPH 8001 OF THE JOINT TRAVEL REGULATIONS IN EFFECT AT THE TIME HERE INVOLVED PROVIDES THAT HOUSEHOLD EFFECTS WITHIN SPECIFIED WEIGHT ALLOWANCES, DESIGNATED AS ACTUAL NET WEIGHTS, ARE AUTHORIZED FOR SHIPMENT. SUCH WEIGHTS FOR THE VARIOUS RANKS AND GRADES ARE SET FORTH IN THE SAME PARAGRAPH.

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. FURTHER, NEITHER THE OVER-ALL WEIGHT OF A SUBSEQUENT SHIPMENT NOR THE NET WEIGHT OF THE EFFECTS UNPACKED AFTER A SUBSEQUENT SHIPMENT MAY BE CONSIDERED IN DETERMINING THE EXCESS COST OF AN EARLIER SHIPMENT.

SINCE YOUR HOUSEHOLD GOODS AS SHIPPED INCIDENT TO THE ORDERS OF SEPTEMBER 29, 1955, 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 FEBRUARY 25, 1959, IS SUSTAINED.