B-139416, JUN 1, 1959

B-139416, JUN 1, 1959

PRECIS-UNAVAILABLE

SECRETARY OF THE AIR FORCE:

REFERENCE IS MADE TO LETTER OF APRIL 22, 1959, (PDTATAC CONTROL NO. 59- 10), FROM THE ASSISTANT SECRETARY OF THE AIR FORCE REQUESTING DECISION ON TWO QUESTIONS:

"1. ARE OUTBOARD MOTORS AUTHORIZED FOR SHIPMENT UNDER THE PROVISIONS OF SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED?

"2. ARE OUTBOARD MOTORS AUTHORIZED FOR SHIPMENT UNDER THE PROVISIONS OF PARAGRAPH 8000-2 OF THE JOINT TRAVEL REGULATIONS?"

IT IS POINTED OUT IN THE ASSISTANT SECRETARY'S LETTER THAT IN DECISION OF JUNE 10, 1929, A-27517, WE HELD THAT THE TERM "BAGGAGE" DOES NOT INCLUDE A MOTOR BOAT IN WHOLE OR IN PART; THAT AT THAT TIME ONLY ABOUT 1 1/2 MILLION OUTBOARD MOTORS WERE IN USE IN THE UNITED STATES AS COMPARED TO 5 1/2 MILLION AT THE PRESENT TIME; THAT MANY SERVICEMEN AND THEIR FAMILIES ARE BOATING ENTHUSIASTS, AND THAT WHILE FEW OWN AND TRANSPORT A BOAT, MANY DO OWN AND TRANSPORT AN OUTBOARD MOTOR FOR USE WITH BOATS RENTED OR ACQUIRED AT THEIR DUTY STATIONS.

SECTION 303(C) OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 253, PROVIDES THAT IN CONNECTION WITH A CHANGE OF STATION (WHETHER TEMPORARY OR PERMANENT) MEMBERS SHALL BE ENTITLED TO TRANSPORTATION (INCLUDING PACKING, CRATING, DRAYAGE, TEMPORARY STORAGE, AND UNPACKING) OF "BAGGAGE AND HOUSEHOLD EFFECTS," OR REIMBURSEMENT THEREFOR, TO AND FROM SUCH LOCATIONS AND WITHIN SUCH WEIGHT ALLOWANCES AS MAY BE PRESCRIBED BY THE SECRETARIES. THE HEARINGS WHICH PRECEDED THE ENACTMENT OF THAT PROVISION FURNISH NO CLUE AS TO THE SPECIFIC ITEMS TO BE INCLUDED IN THE TERM "BAGGAGE AND HOUSEHOLD EFFECTS." PARAGRAPH 8000-2 OF THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THAT PROVISION DEFINES THE TERM "HOUSEHOLD GOODS" AS INCLUDING HOUSEHOLD GOODS, CLOTHING, BAGGAGE, ALL OTHER PERSONAL EFFECTS OF A SIMILAR CHARACTER, AND PROFESSIONAL BOOKS, PAPERS AND EQUIPMENT, EXCEPT THE FOLLOWING:

"1. PERSONAL BAGGAGE WHEN CARRIED FREE ON TICKETS;

2. AUTOMOBILES ***;

3. OTHER MOTOR VEHICLES

4. TRAILERS, WITH OR WITHOUT OTHER PROPERTY;

5. BOATS;

6. WINES AND/OR LIQUORS;

7. ANIMALS NOT REQUIRED IN THE PERFORMANCE OF OFFICIAL DUTIES;

8. BIRDS;

9. GROCERIES AND PROVISIONS OTHER THAN THOSE FOR CONSUMPTION BY THE

MEMBER AND HIS IMMEDIATE FAMILY.

10. ARTICLES ACQUIRED AFTER THE EFFECTIVE DATE OF CHANGE OF STATION

ORDERS ****;

11. ARTICLES INTENDED DIRECTLY OR INDIRECTLY FOR PERSONS OTHER THAN

THE MEMBER AND HIS IMMEDIATE FAMILY; OR ARTICLES FOR SALE."

"BAGGAGE" AND "HOUSEHOLD EFFECTS" ARE GENERAL TERMS, NOT LENDING THEMSELVES TO PRECISE DEFINITION. THE TERMS VARY IN SCOPE DEPENDING UPON THE CONTEXT IN WHICH THEY ARE USE. IN ORDINARY AND USUAL USAGE, HOWEVER, THEY REFER TO PARTICULAR KINDS OF PERSONAL PROPERTY ASSOCIATED WITH THE HOME AND THE PERSON, AND NOTWITHSTANDING THE LACK OF PRECISENESS OF THE TERMS, IT LONG HAS BEEN HELD UNDER VARIOUS STATUTES THAT CERTAIN ITEMS, INCLUDING BOATS IN WHOLE OR IN PART, MUST BE CONSIDERED BEYOND THEIR SCOPE. THE PRESENT LAW IS NO BROADER IN THAT RESPECT THAN THE STATUTE INTERPRETED IN THE DECISION OF JUNE 10, 1929, A-27517, MENTIONED ABOVE. SEE, ALSO 1 COMP. GEN. 679; 27 ID. 181; ID. 760; 32 ID. 367, AND 33 ID. 61. THIS HAS BEEN RECOGNIZED IN THE JOINT TRAVEL REGULATIONS BY EXCLUDING BOATS AND CERTAIN OTHER SPECIFIC ITEMS OF PERSONAL PROPERTY. THE EXCLUSION OF BOATS WHICH IN MODERN USAGE WOULD MOST FREQUENTLY MEAN A MOTOR BOAT FROM HOUSEHOLD GOODS WHICH MAY BE SHIPPED AT PUBLIC EXPENSE REASONABLY MUST BE REGARDED AS EXCLUDING THE MOTOR AS WELL. ACCORDINGLY, BOTH QUESTIONS ARE ANSWERED IN THE NEGATIVE.