B-142291, APR. 1, 1960

B-142291: Apr 1, 1960

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THE RECORD SHOWS YOU WERE AUTHORIZED BY TRAVEL ORDER NO. 1634. THE SHIPMENT WAS WITHIN THE WEIGHT LIMITATION AUTHORIZED IN YOUR ORDERS. YOU SAY SINCE OUTBOARD MOTORS ARE NOT SPECIFICALLY EXCLUDED THEY SHOULD BE REGARDED AS PERSONAL EFFECTS FOR USE AS RECREATIONAL EQUIPMENT. OUTBOARD MOTORS ARE PRIMARILY A NECESSARY ACCESSORY TO POWER A BOAT. WHICH UNDER THE REGULATIONS IS EXPRESSLY EXCLUDED AS BEING AN ITEM OF HOUSEHOLD EFFECTS. SINCE AN OUTBOARD MOTOR MAY THEN ONLY BE REGARDED AS AN ACCESSORY TO AN ITEM SPECIFICALLY EXCLUDED AS HOUSEHOLD GOODS AND AS THE DEFINITION OF PERSONAL EFFECTS DOES NOT ORDINARILY INCLUDE OUTBOARD MOTORS YOU ARE NOT ENTITLED TO BE REIMBURSED FOR THE COST OF ITS SHIPMENT OVERSEAS.

B-142291, APR. 1, 1960

TO MR. DONALD E. DAVIS:

YOUR LETTER OF MARCH 2, 1960, REQUESTS REVIEW OF OUR OFFICE SETTLEMENT OF FEBRUARY 11, 1960, WHICH DISALLOWED YOUR CLAIM FOR THE COST OF SHIPPING AN OUTBOARD MOTOR TO ISTANBUL, TURKEY, INCIDENT TO YOUR OFFICIAL CHANGE OF STATION FROM RAYTOWN, MISSOURI, TO ISTANBUL.

THE RECORD SHOWS YOU WERE AUTHORIZED BY TRAVEL ORDER NO. 1634, DATED MARCH 19, 1958, TO TRANSPORT YOUR HOUSEHOLD EFFECTS OVERSEAS SUBJECT TO INTERNATIONAL COOPERATION ADMINISTRATION REGULATIONS. AFTER ARRIVAL AT YOUR OVERSEAS STATION YOU SHIPPED AN OUTBOARD MOTOR FROM PHILADELPHIA TO ISTANBUL. THE SHIPMENT WAS WITHIN THE WEIGHT LIMITATION AUTHORIZED IN YOUR ORDERS.

PARAGRAPH 14 OF ORDER NO. 560.2 OF THE I.C.A. MANUAL READS:

"14. EFFECTS - FURNITURE, HOUSEHOLD GOODS, AND PERSONAL EFFECTS FOR THE USE OF AN EMPLOYEE AND HIS FAMILY. THIS INCLUDES GROCERIES AND PROVISIONS, WINES AND LIQUORS, AND ONE AUTOMOBILE OWNED BY THE EMPLOYEE OR A MEMBER OF HIS FAMILY, BUT EXCLUDES AIRCRAFT, BOATS, ANIMALS AND PLANTS.'

WHILE THE REGULATIONS CITE CERTAIN ITEMS AS HOUSEHOLD EFFECTS THAT MAY BE TRANSPORTED AT GOVERNMENT EXPENSE THEY EXCLUDE BOATS AS BEING AN ITEM FOR INCLUSION THEREUNDER. HOWEVER, YOU SAY SINCE OUTBOARD MOTORS ARE NOT SPECIFICALLY EXCLUDED THEY SHOULD BE REGARDED AS PERSONAL EFFECTS FOR USE AS RECREATIONAL EQUIPMENT.

THE ORDINARY AND USUAL USAGE OF THE TERMS "HOUSEHOLD GOODS" AND "PERSONAL EFFECTS" REFERS TO PARTICULAR KINDS OF PERSONAL PROPERTY ASSOCIATED WITH THE HOUSE AND THE PERSON SUCH AS FURNITURE AND FURNISHINGS OR EQUIPMENT USED IN OR ABOUT A PLACE OF RESIDENCE. SEE 33 COMP. GEN. 61, AND B- 114689, DATED APRIL 25, 1955. HOWEVER, OUTBOARD MOTORS ARE PRIMARILY A NECESSARY ACCESSORY TO POWER A BOAT, WHICH UNDER THE REGULATIONS IS EXPRESSLY EXCLUDED AS BEING AN ITEM OF HOUSEHOLD EFFECTS.

SINCE AN OUTBOARD MOTOR MAY THEN ONLY BE REGARDED AS AN ACCESSORY TO AN ITEM SPECIFICALLY EXCLUDED AS HOUSEHOLD GOODS AND AS THE DEFINITION OF PERSONAL EFFECTS DOES NOT ORDINARILY INCLUDE OUTBOARD MOTORS YOU ARE NOT ENTITLED TO BE REIMBURSED FOR THE COST OF ITS SHIPMENT OVERSEAS.

THEREFORE, UPON REVIEW WE SUSTAIN THE SETTLEMENT WHICH DISALLOWED YOUR CLAIM.