B-127241, MAY 24, 1956

B-127241: May 24, 1956

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YOU WERE AUTHORIZED TRANSPORTATION TO THE ZONE OF INTERIOR VIA GOVERNMENT TRANSPORTATION AS THE DEPENDENT OF FIRST LIEUTENANT BARRY J. TRAVEL WAS AUTHORIZED TO HIS HOME OF RECORD. YOUR LUGGAGE AND CAPTAIN HAMLIN'S LUGGAGE WERE WEIGHED TOGETHER AND CHARGED AGAINST YOUR TICKET. THE FREE ALLOWANCE IS SHOWN AS 110 POUNDS. THE EXCESS WEIGHT IS SHOWN AS 48 POUNDS. THE EXCESS WEIGHT CHARGE WAS 79 CENTS PER POUND AND YOU PAID THE TOTAL OF $41.84 INCLUDING $1.22 TAX. THERE IS NO INDICATION IN OUR FILE AS TO THE AMOUNT OF BAGGAGE CARRIED BY CAPTAIN HAMLIN. YOU HAVE STATED THAT YOU HAD TWO LARGE SUITCASES AND ONE SMALL ONE. WHILE THE TWO LOTS OF BAGGAGE WERE COMMINGLED AND THE TOTAL CHARGED AGAINST YOUR TICKET.

B-127241, MAY 24, 1956

TO MRS. FRANCES S. SULLIVAN:

YOUR LETTER OF FEBRUARY 17, 1956, REQUESTS REVIEW OF OUR SETTLEMENT DATED FEBRUARY 10, 1956, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF TRANSPORTING EXCESS BAGGAGE VIA COMMERCIAL AIRCRAFT FROM SAN FRANCISCO TO NEW YORK, INCIDENT TO YOUR RETURN TO THE UNITED STATES FROM OVERSEAS DURING THE PERIOD MARCH 18 TO 19, 1955.

BY PARAGRAPH 9, SPECIAL ORDERS NO. 65, DATED MARCH 17, 1955, YOU WERE AUTHORIZED TRANSPORTATION TO THE ZONE OF INTERIOR VIA GOVERNMENT TRANSPORTATION AS THE DEPENDENT OF FIRST LIEUTENANT BARRY J. SULLIVAN (DECEASED), FORMERLY A MEMBER OF THE 319TH FIGHTER INTERCEPTOR SQUADRON, APO 994. TRAVEL WAS AUTHORIZED TO HIS HOME OF RECORD, 971 EDGEWOOD AVENUE, PELHAM MANOR, NEW YORK. PARAGRAPH 8 OF THE ORDERS DIRECTED CAPTAIN KATHERINE E. HAMLIN TO ACCOMPANY YOU TO THE PORT OF DEBARKATION IN THE ZONE OF INTERIOR. ON MARCH 19, 1955, YOU AND CAPTAIN HAMLINOBTAINED PASSAGE FROM SAN FRANCISCO TO NEW YORK CITY ABOARD A UNITED AIR LINES COACH FLIGHT. YOUR LUGGAGE AND CAPTAIN HAMLIN'S LUGGAGE WERE WEIGHED TOGETHER AND CHARGED AGAINST YOUR TICKET. THE EXCESS BAGGAGE TICKET SHOWS THE TOTAL WEIGHT OF THE LUGGAGE AS 158 POUNDS. THE FREE ALLOWANCE IS SHOWN AS 110 POUNDS, PRESUMABLY 66 POUNDS FOR ONE TICKET AND 44 POUNDS FOR THE OTHER. THE EXCESS WEIGHT IS SHOWN AS 48 POUNDS. THE EXCESS WEIGHT CHARGE WAS 79 CENTS PER POUND AND YOU PAID THE TOTAL OF $41.84 INCLUDING $1.22 TAX. YOU NOW CLAIM REFUND OF THAT AMOUNT ON THE BASIS THAT YOU SHOULD NOT BE REQUIRED TO PAY FOR TRANSPORTATION OF THE BAGGAGE WHICH BELONGED TO CAPTAIN HAMLIN.

THE AIR FORCE REGULATIONS, RELATIVE TO THE TRANSPORTATION OF DEPENDENTS, LIMIT THE TRANSPORTATION OF BAGGAGE OF DEPENDENTS TO THAT CARRIED FREE ON THE TICKET. THERE IS NO INDICATION IN OUR FILE AS TO THE AMOUNT OF BAGGAGE CARRIED BY CAPTAIN HAMLIN, BUT YOU HAVE STATED THAT YOU HAD TWO LARGE SUITCASES AND ONE SMALL ONE. WHILE THE TWO LOTS OF BAGGAGE WERE COMMINGLED AND THE TOTAL CHARGED AGAINST YOUR TICKET, IT IS LIKELY, CONSIDERING YOUR DESCRIPTION OF YOUR LUGGAGE, THAT A MAJOR PORTION OF THE EXCESS WEIGHT RESULTED FROM YOUR BAGGAGE. IN THE ABSENCE OF EVIDENCE SHOWING THE WEIGHT OF CAPTAIN HAMLIN'S LUGGAGE, THERE WOULD BE NO BASIS FOR MAKING AN EXACT APPORTIONMENT OF THE EXCESS WEIGHT. HOWEVER, SINCE YOU AND CAPTAIN HAMLIN WERE ENTITLED TO FIRST CLASS TRANSPORTATION, THE FREE WEIGHT ALLOWANCE SHOULD HAVE BEEN 66 POUNDS FOR EACH TICKET, OR 132 POUNDS. ACCORDINGLY, YOU WILL BE REIMBURSED FOR 22 POUNDS OF BAGGAGE WHICH WAS INCLUDED IN THE TOTAL EXCESS BAGGAGE.