B-135820, OCT. 2, 1959

B-135820, OCT. 2, 1959

TO [REDACTED]:

ON SEPTEMBER 2, 1959, YOU REQUESTED REIMBURSEMENT OF $415.01 WHICH YOU PAID TO THE TREASURER OF THE UNITED STATES ON AUGUST 2, 1955, FOR SHIPMENT OF YOUR HOUSEHOLD EFFECTS BY MILITARY SEA TRANSPORTATION SERVICE FROM SAN FRANCISCO, CALIFORNIA, TO MANILA, PHILIPPINE ISLANDS, AND FOR REIMBURSEMENT OF $136.69 WHICH YOU PAID THE FINANCE OFFICER, APO 74 ON APRIL 29, 1959, FOR SHIPMENT OF YOUR HOLD BAGGAGE FROM CALIFORNIA TO FLORIDA AND RETURN IN AUGUST 1954.

THE FACTS CONCERNING THESE SHIPMENTS WERE FULLY COVERED IN OUR DECISION OF JANUARY 26, 1959, B-135820, AND NEED NOT BE REPEATED HERE. OUR DECISION OF APRIL 10, 1959, ALLOWED THE CANCELLATION OF YOUR DEBT OF $874.38 FOR THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS FROM FLORIDA TO CALIFORNIA ON THE BASIS OF 38 COMP. GEN. 653, BUT DID NOT ALLOW THE CANCELLATION OF YOUR DEBT OF $136.69 FOR THE SHIPMENT OF YOUR HOLD BAGGAGE FROM CALIFORNIA TO FLORIDA AND RETURN.

ALTHOUGH YOU AUTHORIZED SHIPMENT OF YOUR HOUSEHOLD EFFECTS FROM SAN FRANCISCO TO MANILA AT YOUR OWN EXPENSE IT IS EVIDENT FROM THE FILE THAT YOU DID SO ONLY AFTER IT BECAME CLEAR THAT THE SHIPMENT WOULD NOT BE MADE AT GOVERNMENT EXPENSE. THEREFORE, IN VIEW OF OUR DECISIONS OF APRIL 2 AND 10, B-137605 AND B-135820, RESPECTIVELY, AND SINCE THE SHIPMENT FROM FLORIDA TO MANILA MAY BE CONSIDERED ONE CONTINUOUS SHIPMENT WE ARE INSTRUCTING OUR CLAIMS DIVISION TO ISSUE SETTLEMENT TO YOU IN THE AMOUNT YOU PAID FOR THIS TRANSPORTATION OF YOUR HOUSEHOLD EFFECTS.

THE COST OF TRANSPORTATION FROM CALIFORNIA TO FLORIDA BY RAIL WAS THE LIMIT OF THE GOVERNMENT'S LIABILITY SET FOR THAT PORTION OF YOUR JOURNEY. SINCE SUBSTANTIALLY ALL OF YOUR HOLD BAGGAGE COULD HAVE BEEN TRANSPORTED FREE OF CHARGE ON YOUR TRAIN TICKET AND YOUR ORDERS CONTAIN NO AUTHORIZATION FOR THE SEPARATE SHIPMENT OF YOUR BAGGAGE OR FOR EXCESS BAGGAGE THERE IS NO AUTHORITY TO PAY THE CHARGES FOR THE SHIPMENT OF YOUR BAGGAGE BY FREIGHT. ON THE RETURN JOURNEY TO CALIFORNIA YOU AND YOUR FAMILY TRAVELED BY PRIVATELY OWNED VEHICLE ON A MILEAGE BASIS, REIMBURSEMENT LIMITED TO THE COST BY A USUAL COMMON CARRIER, AND SHIPPED YOUR HOLD BAGGAGE BY RAILWAY EXPRESS. IN THAT REGARD, WE NOTE THAT THE RECORDS OF YOUR ACTUAL REIMBURSEMENT FOR THIS TRIP CANNOT BE LOCATED BY THE AIR FORCE; AND, THEREFORE, WE HAVE NO EVIDENCE AS TO THE AMOUNT OF REIMBURSEMENT RECEIVED. IF YOU AND YOUR FAMILY HAD TRAVELED BY COMMON CARRIER BAGGAGE CHECKED ON YOUR TICKETS WOULD HAVE ARRIVED AT THE TIME OF, OR THE APPROXIMATE TIME OF, YOUR ARRIVAL. NO EVIDENCE HAS BEEN PRESENTED SHOWING THAT THE SHIPMENT BY RAILWAY EXPRESS RESULTED IN AN EARLIER ARRIVAL OF THE BAGGAGE THAN WOULD HAVE OCCURRED HAD IT BEEN SHIPPED ON A TICKET. IT APPEARS FROM THE REPORT OF THE AIR FORCE IN YOUR CASE THAT THE USE OF COMMERCIAL FACILITIES, AND THE RESULTING COST TO THE GOVERNMENT FOR SHIPMENT OF THE PERSONAL EFFECTS, AROSE BY REASON OF YOUR ELECTION TO TRAVEL BY PRIVATELY OWNED AUTOMOBILE.

THEREFORE, ON THE PRESENT RECORD YOUR CLAIM FOR $136.69 MUST BE DISALLOWED.