B-123946, JAN. 12, 1956

B-123946, JAN. 12, 1956

TO MAJOR GEORGE L. WHITMEYER:

YOUR LETTER OF APRIL 11, 1955, REQUESTS REVIEW OF SETTLEMENT DATED MARCH 25, 1955, WHICH DISALLOWED YOUR CLAIM FOR REFUND FOR $20.84 WITHHELD FROM YOUR PAY AS EXCESS COST IN CONNECTION WITH A SHIPMENT OF 741 POUNDS OF HOUSEHOLD EFFECTS BY EXPRESS FROM MONROE, LOUISIANA, TO SEATTLE, WASHINGTON.

BY TRAVEL AUTHORIZATION OF DEPENDENTS TO JAPAN DATED JULY 11, 1952, YOUR DEPENDENT WIFE WAS AUTHORIZED UPON CALL OF THE PORT COMMANDER TO PROCEED FROM MONROE, LOUISIANA, TO THE APPROPRIATE PORT OF EMBARKATION FOR FURTHER MOVEMENT BY WATER TRANSPORTATION TO JAPAN. PARAGRAPH 30 OF SUCH AUTHORIZATION PROVIDED THAT PERSONAL BAGGAGE NOT IN EXCESS OF 350 POUNDS PER ADULT WOULD BE ALLOWED FOR SHIPMENT AS "HOLD BAGGAGE" ABOARD THE TRANSPORT AND WOULD NOT BE AVAILABLE DURING THE VOYAGE AND PARAGRAPH 3D AUTHORIZED TRANSPORTATION OFFICERS TO "EXPRESS BY RAIL AT GOVERNMENT EXPENSE" THAT PORTION OF PERSONAL BAGGAGE INTENDED FOR "HOLD BAGGAGE" WHICH COULD NOT BE CHECKED FREE ON THE TRAVELER'S TICKET IF A MORE ECONOMICAL MEANS WOULD NOT PERMIT ITS ARRIVAL BY THE DATE SPECIFIED IN THE PORT CALL.

IN YOUR REQUEST FOR REVIEW YOU IMPLY THAT THE EXCESS COSTS RESULTED BECAUSE THE TRANSPORTATION OFFICER SHIPPED A TOTAL OF 741 POUNDS OF EFFECTS VIA RAILWAY EXPRESS WITHOUT SEPARATING THE BAGGAGE INTO THE CATEGORY OF PERSONAL OR HOLD BAGGAGE ALTHOUGH ALL BAGGAGE WAS PLAINLY MARKED.

THE RECORD SHOWS THAT A TOTAL OF 1,060 POUNDS OF PERSONAL EFFECTS AND HOUSEHOLD EFFECTS WAS SHIPPED BETWEEN MONROE, LOUISIANA, AND SEATTLE, WASHINGTON, ON GOVERNMENT BILLS OF LADING NOS. AF-1008803 AND AF-1008804 UNDER AUTHORITY OF THE AUTHORIZATION OF JULY 11, 1952. THE DATE SPECIFIED FOR PORT CALL WAS SEPTEMBER 13, 1952. AN EXAMINATION OF BILL OF LADING NO. AF-1008803 SHOWS THAT 319 POUNDS OF PERSONAL EFFECTS WERE SHIPPED FROM MONROE TO SEATTLE BY RAILWAY EXPRESS AND THAT SUCH EFFECTS WERE DELIVERED SEPTEMBER 12, 1952. AN EXAMINATION OF BILL OF LADING NO. AF-1008804 SHOWS THAT HOUSEHOLD GOODS WEIGHING 741 POUNDS WERE SHIPPED FROM MONROE TO SEATTLE BY RAILWAY EXPRESS AND THAT SUCH EFFECTS WERE ALSO DELIVERED SEPTEMBER 12, 1952.

PARAGRAPH 8052-1A, JOINT TRAVEL REGULATIONS, PROVIDES THAT WHEN CERTAIN ARTICLES ARE REQUIRED FOR USE IN CARRYING OUT ASSIGNED DUTIES AND SHIPMENT BY ORDINARY MEANS WILL NOT SERVE THE PURPOSE, SHIPMENT NOT TO EXCEED 500 POUNDS IS AUTHORIZED TO BE MADE BY EXPRESS FROM THE OLD DUTY STATION (INCLUDING HOME) TO THE NEW DUTY STATION OR TO ANY POINT DESIGNATED BY THE MEMBER UNDER THE PROVISIONS OF PARAGRAPH 8009-4B. IT APPEARS THAT THE SHIPMENT OF PERSONAL EFFECTS WEIGHING 319 POUNDS WAS SHIPPED PURSUANT TO THAT AUTHORITY.

PARAGRAPH 8052-2A PROVIDES THAT ANY HOUSEHOLD GOODS FOR SHIPMENT BETWEEN THE SAME POINT OF ORIGIN AND DESTINATION MAY BE SHIPPED AS CONSOLIDATED SHIPMENTS OR AS SEPARATE SHIPMENTS, WHICHEVER MANNER IS CONSIDERED BY THE SHIPPING OFFICER AS MOST ADVANTAGEOUS TO THE GOVERNMENT AND THE MEMBER, WITHOUT DELAYING THE ARRIVAL OF THE SHIPMENT AT DESTINATION AND THAT THE SHIPPING OFFICER WILL SELECT THE MEANS OF TRANSPORTATION, INCLUDING RAILWAY EXPRESS, WHICH IN HIS JUDGMENT WOULD SERVE THE BEST FORESEEABLE INTEREST OF THE GOVERNMENT AND THE OWNER OF THE PROPERTY. SINCE THE DATE OF PORT CALL WAS SEPTEMBER 13, 1952, IT APPEARS THAT THE SHIPPING OFFICER SELECTED RAILWAY EXPRESS AS THE MEANS OF TRANSPORTATION OF YOUR HOUSEHOLD EFFECTS WEIGHING 741 POUNDS TO ASSURE ARRIVAL AT DESTINATION (SEPTEMBER 12, 1952) PRIOR TO DATE OF PORT CALL. HOWEVER, SINCE THE MAXIMUM WEIGHT AUTHORIZED TO BE SHIPPED BY YOUR DEPENDENT AS HOLD BAGGAGE BY THE AUTHORIZATION DATED JULY 11, 1952, WAS 350 POUNDS, THERE WAS AN EXCESS WEIGHT OF 391 POUNDS OF HOLD BAGGAGE SHIPPED BY RAILWAY EXPRESS. THE DIFFERENCE IN THE COST TO THE GOVERNMENT OF SHIPPING SUCH EXCESS WEIGHT BY RAIL AND BY RAILWAY EXPRESS WAS $20.84 AND SUCH EXCESS COSTS ARE PROPERLY CHARGEABLE TO YOU.