B-129045, SEP. 25, 1956
Highlights
WERE DIRECTED TO PROCEED TO SEVERAL AIR FORCE BASES IN THE UNITED STATES AND RETURN TO SHAW AIR FORCE BASE. TRAVEL WAS TO BE BY MILITARY AIRCRAFT WHEN AVAILABLE. MILITARY AIR WAS NOT AVAILABLE FOR THE PORTION OF THE JOURNEY HERE INVOLVED AND COMMERCIAL AIR WAS UTILIZED. AT THAT TIME YOU WERE TRAVELING WITH THREE OTHERS. WHEN THE PERSONAL BAGGAGE OF THE PARTY TOGETHER WITH THEIR BRIEFCASES (WHICH YOU STATE CONTAINED OFFICIAL PUBLICATIONS AND REPORTING DATA ACCUMULATED BY THE PARTY DURING TWO WEEKS OF INSPECTION) WAS WEIGHED IT WAS 37 POUNDS IN EXCESS OF THE FREE ALLOWANCE. THE CLAIM WAS DISALLOWED FOR THE REASON THAT YOUR ORDERS DID NOT AUTHORIZE EXCESS BAGGAGE AT PUBLIC EXPENSE AS IS REQUIRED BY PARAGRAPH 4400-5.
B-129045, SEP. 25, 1956
TO MAJOR LOUIS R. BARNETT, USAF:
YOUR LETTER OF AUGUST 1, 1956, REQUESTS REVIEW OF OUR SETTLEMENT OF JULY 11, 1956, WHICH DISALLOWED YOUR CLAIM FOR $11.54, REPRESENTING THE COST OF SHIPPING 37 POUNDS OF EXCESS BAGGAGE FROM HOUSTON, TEXAS, TO COLUMBIA, SOUTH CAROLINA.
BY ORDERS DATED JANUARY 6, 1956, SHAW AIR FORCE BASE, SOUTH CAROLINA, YOU AND SEVERAL OTHER OFFICERS AND AIRMEN, WERE DIRECTED TO PROCEED TO SEVERAL AIR FORCE BASES IN THE UNITED STATES AND RETURN TO SHAW AIR FORCE BASE. TRAVEL WAS TO BE BY MILITARY AIRCRAFT WHEN AVAILABLE, OTHERWISE BY COMMERCIAL AIRCRAFT AND OTHER MEANS. MILITARY AIR WAS NOT AVAILABLE FOR THE PORTION OF THE JOURNEY HERE INVOLVED AND COMMERCIAL AIR WAS UTILIZED. AT THAT TIME YOU WERE TRAVELING WITH THREE OTHERS, AND WHEN THE PERSONAL BAGGAGE OF THE PARTY TOGETHER WITH THEIR BRIEFCASES (WHICH YOU STATE CONTAINED OFFICIAL PUBLICATIONS AND REPORTING DATA ACCUMULATED BY THE PARTY DURING TWO WEEKS OF INSPECTION) WAS WEIGHED IT WAS 37 POUNDS IN EXCESS OF THE FREE ALLOWANCE. YOU, AS SENIOR MEMBER OF THE PARTY, PAID THE CHARGE. THE CLAIM WAS DISALLOWED FOR THE REASON THAT YOUR ORDERS DID NOT AUTHORIZE EXCESS BAGGAGE AT PUBLIC EXPENSE AS IS REQUIRED BY PARAGRAPH 4400-5, JOINT TRAVEL REGULATIONS, AS A PREREQUISITE TO REIMBURSEMENT FOR SUCH CHARGES. IN YOUR PRESENT LETTER YOU STATE YOU WERE AWARE OF THAT FACT WHEN YOUR CLAIM WAS SUBMITTED. YOU EXPRESS THE BELIEF, HOWEVER, THAT WE SHOULD AUTHORIZE PAYMENT OF YOUR CLAIM NOTWITHSTANDING SUCH DEFICIENCY.
THE STATUTORY AUTHORITY FOR TRANSPORTATION OF BAGGAGE OF MEMBERS OF THE UNIFORMED SERVICES IS CONTAINED IN SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 815, WHICH PROVIDES THAT, UNDER SUCH REGULATIONS AS THE SECRETARIES MAY PRESCRIBE, MEMBERS SHALL BE ENTITLED TO TRANSPORTATION OF BAGGAGE UPON CHANGE OF STATION. THE REGULATIONS PROMULGATED PURSUANT THERETO ARE CONTAINED IN JOINT TRAVEL REGULATIONS, WHICH IN CLEAR AND UNAMBIGUOUS LANGUAGE PROVIDE FOR TRANSPORTATION OF EXCESS BAGGAGE AT PUBLIC EXPENSE ONLY IF SPECIFICALLY AUTHORIZED. IN YOUR CASE, THERE WAS NO ADVANCE AUTHORIZATION, NOR HAS THE DEPARTMENT OF THE AIR FORCE RATIFIED THE SHIPMENT OR APPROVED PAYMENT OF YOUR CLAIM.
ACCORDINGLY, ON THE PRESENT RECORD, THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM.