B-130942, MAY 2, 1957

B-130942, MAY 2, 1957

TO LIEUTENANT COLONEL LEON F. LAVOIE:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 12, 1957, WITH ENCLOSURE, CONCERNING THE ACTION TAKEN BY OUR CLAIMS DIVISION IN SETTLEMENT DATED JANUARY 18, 1957, WHICH DISALLOWED YOUR CLAIM IN THE AMOUNT OF $134 FOR REIMBURSEMENT OF ADDITIONAL EXPENSES INCURRED BY YOU WHILE TRAVELING FROM BANGKOK, THAILAND, TO CARLISLE BARRACKS, PENNSYLVANIA, DURING THE PERIOD JUNE 1 TO AUGUST 9, 1956.

BY SPECIAL ORDERS NO. 40, HEADQUARTERS, JOINT UNITED STATES MILITARY ADVISORY GROUP, BANGKOK, THAILAND, DATED MARCH 21, 1956, YOU WERE RELIEVED FROM ASSIGNMENT THERE AND ORDERED TO PROCEED ON OR ABOUT JUNE 1, 1956, TO THE ARMY WAR COLLEGE, CARLISLE BARRACKS, PENNSYLVANIA, WHERE YOU WERE TO REPORT NOT LATER THAN AUGUST 15, 1956. YOU WERE AUTHORIZED 45 DAYS' DELAY EN ROUTE CHARGEABLE AS LEAVE. TRANSPORTATION OF YOUR DEPENDENTS (WIFE AND THREE CHILDREN) WAS AUTHORIZED CONCURRENTLY WITH YOUR TRAVEL. THE ORDERS FURTHER AUTHORIZED AN ALLOWANCE OF 330 POUNDS OF BAGGAGE PLUS 268 POUNDS EXCESS BAGGAGE NECESSARY TO TRANSPORT ESSENTIAL CLOTHING AND EQUIPMENT WHILE TRAVELING COMMERCIAL AIR BETWEEN BANGKOK AND SINGAPORE, ALL OTHER AIR TRAVEL BEING LIMITED TO 330 POUNDS OF BAGGAGE AND 268 POUNDS AIR FREIGHT OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES.

IT APPEARS FROM THE ITINERARY--- WHICH ACCOMPANIED YOUR CLAIM--- THAT YOU AND YOUR DEPENDENTS WERE SCHEDULED TO DEPART FROM SINGAPORE ON JUNE 3, 1956, ABOARD THE M.V. VICTORIA, ARRIVE IN NAPLES, ITALY, ON JUNE 22, 1956, AND DEPART SOUTHAMPTON, ENGLAND, ON THE S.S. UNITED STATES, ON JUNE 28, 1956. THE RECORDS FURTHER SHOW THAT THE M.V. VICTORIA DEPARTED SINGAPORE ON JUNE 3, 1956, AND ARRIVED IN NAPLES ON JUNE 22, 1956, AND GENOA, ITALY, ON JUNE 24, 1956. IN YOUR ORIGINAL CLAIM YOU ALLEGED THAT WHILE ON BOARD THE M.V. VICTORIA, YOU WERE ADVISED THAT THE SHIP WOULD NOT ARRIVE IN GENOA UNTIL NOON ON JUNE 24, 1956, AND, THEREFORE, THE SHIPPING COMPANY COULD NOT TRANSFER YOUR BAGGAGE FROM GENOA TO LONDON AND THENCE TO SOUTHAMPTON, ENGLAND, IN TIME TO SAIL ON THE S.S. UNITED STATES ON JUNE 28, 1956. YOU SAID THAT SINCE YOU WOULD NEED CLOTHING AND UNIFORMS IN YOUR HOLD BAGGAGE IMMEDIATELY UPON ARRIVAL IN THE UNITED STATES YOU DECIDED TO REMOVE YOUR HOLD BAGGAGE FROM THE M.V. VICTORIA IN NAPLES ON JUNE 22, 1956, AND SHIP THOSE EFFECTS AT YOUR OWN EXPENSE TO PARIS. YOU ALSO RELATE THAT YOU CABLED THE UNITED STATES LINES IN LONDON AND PARIS AND NOTIFIED THEM THAT YOU WOULD EMBARK IN LE HAVRE IN LIEU OF SOUTHAMPTON. YOU ALSO SAID ,/THIS DECISION WAS MADE TO ASSURE THAT MY HOLD BAGGAGE WOULD ACCOMPANY ME TO THE PORT OF EMBARKATION, LE HAVRE.) THE COST, APPROXIMATELY $40--- U.S. CURRENCY--- IS EVIDENCED BY EXH. .' YOU FURTHER STATE THAT UPON ARRIVING IN PARIS YOU WERE INFORMED THAT YOU WERE REQUIRED TO PAY A PORT TAX OF $59 TO THE GOVERNMENT OF FRANCE, AND AND ADDITIONAL CABIN CHARGE OF $35 DUE TO THE FACT THAT THE DISTANCE BETWEEN LE HAVRE AND NEW YORK IS GREATER THAN BETWEEN SOUTHAMPTON AND NEW YORK. IN REQUESTING REVIEW OF THE SETTLEMENT YOU SUBMITTED A CERTIFICATE BY SHIPPING AGENTS, LLOYD TRIESTINO, CERTIFYING THAT SINCE THE M.V. VICTORIA DID NOT ARRIVE IN GENOA UNTIL 12:00 NOON ON JUNE 24, 1956, IT WAS IMPOSSIBLE FOR THAT COMPANY TO GUARANTEE THE SHIPMENT OF YOUR HOLD BAGGAGE IN TIME TO ASSURE TRANSFER TO THE S.S. UNITED STATES, LEAVING SOUTHAMPTON ON JUNE 28, 1956.

THE TRANSPORTATION OF EFFECTS OF MEMBERS OF THE ARMED SERVICES IS GOVERNED BY JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303/C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 814. THOSE REGULATIONS PROVIDE (PARAGRAPH 8052) THAT WHEN CERTAIN ARTICLES ARE REQUIRED FOR USE IN CARRYING OUT ASSIGNED DUTIES AND SHIPMENT BY ORDINARY MEANS WILL NOT SERVE THE PURPOSE, SHIPMENT OF NOT TO EXCEED A TOTAL OF 500 POUNDS IS AUTHORIZED TO BE MADE BY EXPRESS AT GOVERNMENT EXPENSE TO OR FROM PORTS OF EMBARKATION. SINCE YOUR HOLD BAGGAGE--- WHICH WAS LESS THAN 500 POUNDS--- CONTAINED CLOTHING AND UNIFORMS REQUIRED FOR USE IN CARRYING OUT YOUR ASSIGNED DUTIES UPON ARRIVAL IN THE UNITED STATES, AND SINCE SHIPMENT BY SPECIAL TRAIN SERVICE WAS NECESSARY TO ALLOW THE BAGGAGE TO ARRIVE AT THE PORT IN ORDER TO PERMIT MOVEMENT ON THE S.S. UNITED STATES, YOU ARE ENTITLED TO REIMBURSEMENT FOR THE COST OF SHIPPING SUCH BAGGAGE FROM NAPLES TO LE HAVRE. ACCORDINGLY, A SETTLEMENT WILL ISSUE IN YOUR FAVOR FOR THE AMOUNT FOUND DUE.

CONCERNING YOUR CLAIM FOR A PORT TAX OF $59 PAID TO THE GOVERNMENT OF FRANCE PLUS AN ADDITIONAL CABIN CHARGE OF $35 WHICH AROSE BY REASON OF THE FACT THAT YOU EMBARKED AT LE HAVRE, FRANCE, YOUR ORIGINAL TRANSPORTATION WAS BOOKED AND YOU AND YOUR DEPENDENTS WERE SCHEDULED TO EMBARK ON THE S.S. UNITED STATES AT SOUTHAMPTON, ENGLAND, ONLY. IT WAS ON THAT BASIS THAT THE GOVERNMENT WAS OBLIGATED AND PAYMENT WAS MADE FOR SUCH TRANSPORTATION FROM THAT PORT. WHILE IT WAS NECESSARY THAT YOUR HOLD BAGGAGE BE GIVEN SPECIAL HANDLING FROM NAPLES TO LE HAVRE IN ORDER TO MEET THE SAILING DATE, NO REASON IS PERCEIVED WHY IT WAS NECESSARY FOR YOU TO TRAVEL CONCURRENTLY WITH SUCH BAGGAGE AND EMBARK AT LE HAVRE. HENCE, IT APPEARS THAT YOUR DEPARTURE FROM LE HAVRE RATHER THAN SOUTHAMPTON WAS FOR PERSONAL REASONS AND THE INCREASED COST INCURRED MAY NOT BE CONSIDERED AN OBLIGATION OF THE GOVERNMENT. ACCORDINGLY, THERE IS NO PROPER BASIS FOR REIMBURSING YOU FOR THE PORT TAX PLUS ADDITIONAL CABIN CHARGE INCIDENT TO YOUR DEPARTURE FROM LE HAVRE.