B-158168, FEB. 21, 1966
Highlights
THE FACTS IN YOUR CASE AND THE REASON FOR THE DISALLOWANCE WERE FULLY SET FORTH IN OUR DECISION OF JANUARY 28. YOU HAVE SUBMITTED A CLAIM TO YOUR AGENCY FOR THE LOSS SUSTAINED BY THE DESTRUCTION OF YOUR HOUSEHOLD GOODS AND REQUEST INFORMATION WHETHER YOU CAN ADD THE FREIGHT CHARGE OF $150 TO THAT CLAIM. THE ACT EXTENDED TO OTHER AGENCIES OF THE GOVERNMENT THE AUTHORITY POSSESSED BY THE MILITARY DEPARTMENTS AND THE COAST GUARD WITH RESPECT TO THE SETTLEMENT OF CLAIMS FOR LOSS OR DAMAGE OF PERSONAL PROPERTY OF MEMBERS OF THE ARMED FORCES OR CIVILIAN EMPLOYEES OF THOSE DEPARTMENTS WHEN THE LOSS OR DAMAGE IS INCIDENT TO THEIR GOVERNMENT SERVICE. LIMITS ANY CLAIMS THEREUNDER TO LOSS OR DAMAGE TO PERSONAL PROPERTY AND SAYS NOTHING ABOUT EXPENSES INCURRED FOR THE TRANSPORTATION OF PERSONAL PROPERTY THAT IS DESTROYED EN ROUTE.
B-158168, FEB. 21, 1966
TO MR. FRANK C. MASCARI:
THIS REFERS TO YOUR LETTER OF FEBRUARY 1, 1966, CONCERNING YOUR CLAIM IN THE AMOUNT OF $150 FOR REIMBURSEMENT OF EXPENSES INCURRED IN THE TRANSPORTATION OF YOUR HOUSEHOLD EFFECTS INCIDENT TO A CHANGE OF OFFICIAL STATION.
THE FACTS IN YOUR CASE AND THE REASON FOR THE DISALLOWANCE WERE FULLY SET FORTH IN OUR DECISION OF JANUARY 28, 1966, B-158168, TO YOU, AND NEED NOT BE REPEATED HERE.
YOU SAY THAT UNDER PUB.L. 88-558, APPROVED AUGUST 31, 1964, YOU HAVE SUBMITTED A CLAIM TO YOUR AGENCY FOR THE LOSS SUSTAINED BY THE DESTRUCTION OF YOUR HOUSEHOLD GOODS AND REQUEST INFORMATION WHETHER YOU CAN ADD THE FREIGHT CHARGE OF $150 TO THAT CLAIM. AS YOU POINT OUT THE RECORD ESTABLISHES THAT YOUR LOSS OCCURRED IN JANUARY 1965, OR SUBSEQUENT TO THE ABOVE ACT. THE ACT EXTENDED TO OTHER AGENCIES OF THE GOVERNMENT THE AUTHORITY POSSESSED BY THE MILITARY DEPARTMENTS AND THE COAST GUARD WITH RESPECT TO THE SETTLEMENT OF CLAIMS FOR LOSS OR DAMAGE OF PERSONAL PROPERTY OF MEMBERS OF THE ARMED FORCES OR CIVILIAN EMPLOYEES OF THOSE DEPARTMENTS WHEN THE LOSS OR DAMAGE IS INCIDENT TO THEIR GOVERNMENT SERVICE.
SECTION 3 (A) OF PUB.L. 88-558 PROVIDES IN PART THAT:
"UNDER SUCH REGULATIONS AS THE HEAD OF AN AGENCY MAY PRESCRIBE, HE OR HIS DESIGNEE MAY SETTLE AND PAY A CLAIM * * * FOR DAMAGE TO, OR LOSS OF, PERSONAL PROPERTY INCIDENT TO HIS SERVICE. * * "
THE FEDERAL AVIATION AGENCY ORDER 2250.2, DATED AUGUST 19, 1965, SUBSEQUENT TO YOUR LOSS, WHICH PERTAINS TO CLAIMS FOR PERSONAL PROPERTY, INCLUDING HOUSEHOLD GOODS, LOST OR DAMAGED INCIDENT TO FEDERAL AVIATION AGENCY SERVICE, LIMITS ANY CLAIMS THEREUNDER TO LOSS OR DAMAGE TO PERSONAL PROPERTY AND SAYS NOTHING ABOUT EXPENSES INCURRED FOR THE TRANSPORTATION OF PERSONAL PROPERTY THAT IS DESTROYED EN ROUTE.
SINCE THE STATUTE AND THE REGULATIONS ISSUED PURSUANT THERETO LIMIT CLAIMS THEREUNDER TO PERSONAL PROPERTY LOST OR DAMAGED WE ARE OF THE OPINION THAT THE ADMINISTRATIVE OFFICE IS WITHOUT AUTHORITY UNDER THEIR PROVISIONS TO AUTHORIZE PAYMENT OF A CLAIM FOR REIMBURSEMENT OF THE CARRIER'S CHARGE FOR THE TRANSPORTATION OF HOUSEHOLD EFFECTS THAT ARE DESTROYED EN ROUTE.
ACCORDINGLY, OUR OPINION IS THAT THE "FREIGHT CHARGE OF $150" WOULD NOT BE A PROPER ITEM TO ADD TO YOUR PENDING CLAIM UNDER PUB.L. 88-558.