B-151634, AUG. 5, 1963

B-151634: Aug 5, 1963

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USAF: REFERENCE IS MADE TO YOUR LETTER OF MAY 14. YOU WERE TRANSFERRED FROM DUTY OVERSEAS TO TOPSHAM AIR FORCE BASE. THE BULK OF YOUR HOUSEHOLD EFFECTS WAS SHIPPED TO YOUR NEW STATION ON A GOVERNMENT BILL OF LADING. YOU ALSO HAD SIX ITEMS OF BAGGAGE AND THE RECORD SHOWS YOU ARRANGED FOR THEIR DRAYAGE TO THE RAILWAY EXPRESS TERMINAL AT A COST OF $19 AND PAID A FURTHER CHARGE OF $28.42 TO HAVE THEM SHIPPED BY EXPRESS TO YOUR LEAVE ADDRESS. YOUR CLAIM FOR REIMBURSEMENT WAS DISALLOWED BY THE SETTLEMENT FOR THE REASONS STATED THEREIN. THAT THERE WAS NO EVIDENCE THAT THE ITEMS WERE SUBSEQUENTLY MOVED TO YOUR NEW STATION. IN YOUR PRESENT LETTER YOU SAY THE SIX ITEMS OF BAGGAGE WERE FOOT LOCKERS WHICH ACCOMPANIED YOU ON THE BOAT IN ADDITION TO SEVERAL SUITCASES.

B-151634, AUG. 5, 1963

TO LIEUTENANT COLONEL JAMES L. TUCKER, USAF:

REFERENCE IS MADE TO YOUR LETTER OF MAY 14, 1963, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF MAY 7, 1963, WHICH DISALLOWED YOUR CLAIM FOR $47.42 REPRESENTING DRAYAGE AND EXPRESS CHARGES ON SIX ITEMS OF BAGGAGE MOVED FROM THE SS AMERICA AT NEW YORK, NEW YORK, TO SYRACUSE, NEW YORK.

BY PARAGRAPH 2, SPECIAL ORDER AA-261, DATED MAY 17, 1962, YOU WERE TRANSFERRED FROM DUTY OVERSEAS TO TOPSHAM AIR FORCE BASE, MAINE, FOR DUTY. THE ORDERS AUTHORIZED 30 DAYS' DELAY ON ROUTE AND STATED THAT YOUR LEAVE ADDRESS WOULD BE SYRACUSE, NEW YORK. THE BULK OF YOUR HOUSEHOLD EFFECTS WAS SHIPPED TO YOUR NEW STATION ON A GOVERNMENT BILL OF LADING. HOWEVER, YOU ALSO HAD SIX ITEMS OF BAGGAGE AND THE RECORD SHOWS YOU ARRANGED FOR THEIR DRAYAGE TO THE RAILWAY EXPRESS TERMINAL AT A COST OF $19 AND PAID A FURTHER CHARGE OF $28.42 TO HAVE THEM SHIPPED BY EXPRESS TO YOUR LEAVE ADDRESS. THE EXPRESS RECEIPT SHOWS THAT THE SIX ITEMS WEIGHED 338 POUNDS. YOUR CLAIM FOR REIMBURSEMENT WAS DISALLOWED BY THE SETTLEMENT FOR THE REASONS STATED THEREIN, IT BEING STATED, AMONG OTHER THINGS, THAT THERE WAS NO EVIDENCE THAT THE ITEMS WERE SUBSEQUENTLY MOVED TO YOUR NEW STATION.

IN YOUR PRESENT LETTER YOU SAY THE SIX ITEMS OF BAGGAGE WERE FOOT LOCKERS WHICH ACCOMPANIED YOU ON THE BOAT IN ADDITION TO SEVERAL SUITCASES. YOU SAY YOU HAND CARRIED THE SUITCASES AND THAT SINCE ARMY TRANSPORTATION PERSONNEL REFUSED TO FORWARD THE FOOT LOCKERS TO YOUR NEW STATION YOU SHIPPED THEM TO YOUR LEAVE ADDRESS AND SUBSEQUENTLY TRANSPORTED THEM IN YOUR CAR TO TOPSHAM AIR FORCE STATION.

IT APPEARS THAT HAD PROPER PROCEDURES BEEN FOLLOWED AT THE PORT, YOUR FOOT LOCKERS WOULD HAVE BEEN HAULED FROM THE PIER TO THE RAILWAY EXPRESS TERMINAL IN ANY ARMY TRUCK AT NO ADDITIONAL COST TO THE GOVERNMENT. FROM THE TERMINAL THEY WOULD HAVE BEEN FORWARDED TO TOPSHAM AIR FORCE BASE BY RAILWAY EXPRESS AT A COST TO THE GOVERNMENT OF $18.25. THUS, THAT AMOUNT REPRESENTS ALL THAT WOULD HAVE BEEN EXPENDED BY THE GOVERNMENT HAD YOUR FOOT LOCKERS BEEN SHIPPED DIRECTLY TO YOUR STATION. WHILE IT APPEARS THAT YOU MAY HAVE BEEN MISINFORMED AS TO THE DRAYAGE, SUCH FACT DOES NOT AFFORD A BASIS FOR THE PAYMENT OF THAT PORTION OF YOUR CLAIM IT LONG HAVING BEEN HELD THAT THE GOVERNMENT IS NOT LIABLE FOR THE NEGLIGENT OR ERRONEOUS ACTS OF ITS AGENTS IN THE ABSENCE OF A STATUTE SO PROVIDING.

ACCORDINGLY, A SETTLEMENT FOR THE EXPRESS CHARGES WILL ISSUE IN DUE COURSE.