B-144144, DEC. 19, 1960

B-144144, DEC. 19, 1960

TO LIEUTENANT COLONEL FRANCIS T. DEVLIN:

REFERENCE IS MADE TO YOUR LETTERS OF JULY 29 AND NOVEMBER 14, 1960, REQUESTING REVIEW OF OUR SETTLEMENT OF JULY 7, 1960, WHICH DISALLOWED YOUR CLAIM FOR $413.85 REPRESENTING THE AMOUNT PAID BY YOU FOR THE SHIPMENT OF EXCESS BAGGAGE FROM PRAGUE, CZECHOSLOVAKIA, TO WASHINGTON, D.C.

BY YOUR ORDERS DATED MAY 18, 1959, YOU WERE TRANSFERRED FROM YOUR DUTY STATION AT PRAGUE, CZECHOSLOVAKIA, TO YOUR DUTY STATION AT WASHINGTON, D.C. YOUR PRESCRIBED WEIGHT ALLOWANCE FOR SHIPMENT OF HOUSEHOLD EFFECTS WAS 10,000 POUNDS. ON JUNE 22, 1959, YOUR HOUSEHOLD GOODS AND BAGGAGE WERE PICKED UP AT YOUR RESIDENCE IN PRAGUE AND DELIVERED BY VAN TO THE K. PFISTER AND CO. WAREHOUSE AT NURNBERG, GERMANY, FROM WHICH POINT THEY WERE SHIPPED TO THE UNITED STATES, A PORTION OF THEM BEING SHIPPED AS PRIORITY BAGGAGE ON JUNE 30, 1959. SINCE THE WEIGHT OF THOSE EFFECTS EXCEEDED YOUR WEIGHT ALLOWANCE YOU WERE CHARGED WITH THE EXCESS COST INCURRED. A FULL EXPLANATION OF THE COMPUTATION OF THE EXCESS COST ($74.98) WAS FURNISHED TO YOU BY THE FINANCE CENTER, U.S. ARMY, BY LETTER OF MAY 27, 1960. THE RECORD SHOWS THAT THE AMOUNT OF $74.98 WAS COLLECTED FROM YOU ON D.O. VOUCHER NO. 439 IN THE JUNE 1960 ACCOUNTS OF LIEUTENANT COLONEL GEORGE M. SECKINGER, FC, SYMBOL NO. 5052. YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF THE SHIPMENT OF BAGGAGE WHICH ACCOMPANIED YOU ON YOUR FLIGHT FROM PRAGUE TO WASHINGTON, D.C., WAS DISALLOWED BY SETTLEMENT OF JULY 7, 1960, FOR THE REASON THAT YOU HAD ALREADY EXCEEDED YOUR WEIGHT ALLOWANCE ON THE PRIOR SHIPMENT FROM PRAGUE INCIDENT TO THE SAME ORDERS, PARAGRAPH 8001-3 OF THE JOINT TRAVEL REGULATIONS, PROVIDING THAT WHERE SHIPMENTS INVOLVE WEIGHTS IN EXCESS OF THE PRESCRIBED ALLOWANCE THE TRANSPORTATION CHARGES ON SUCH EXCESS WEIGHTS WILL BE BORNE BY THE OWNER AND THAT WHEN THE PRESCRIBED WEIGHT ALLOWANCE HAS BEEN EXHAUSTED BY PREVIOUS SHIPMENTS ANY SUBSEQUENT SHIPMENTS ON THE SAME ORDERS WILL BE ARRANGED AT THE EXPENSE OF THE OWNER. WHILE IN THAT CONNECTION YOU REFER TO A SHIPMENT OF HOLD BAGGAGE (THE PRIORITY BAGGAGE) AS HAVING BEEN MADE ON JUNE 30 AND SO ON A DATE SUBSEQUENT TO YOUR DEPARTURE DATE, SUCH BAGGAGE WAS A PART OF THAT PICKED UP AT YOUR RESIDENCE IN PRAGUE FOR SHIPMENT ON JUNE 22, 1959, AND SO MUST BE CONSIDERED TO HAVE BEEN A SHIPMENT MADE ON JUNE 22, PREVIOUS TO THE SHIPMENT IN QUESTION THAT ACCOMPANIED YOU.

IN YOUR LETTER OF NOVEMBER 14 YOU INDICATE A BELIEF THAT THE LUGGAGE YOU CARRIED ON THE AIRCRAFT WAS NOT HOUSEHOLD GOODS BUT HAND LUGGAGE AND THAT SINCE YOUR ORDERS OF MAY 18, 1959, AUTHORIZED YOU TO TAKE AN ADDITIONAL 175 POUNDS (35 POUNDS PER PERSON FOR YOU AND FOUR DEPENDENTS) THE WEIGHT OF THAT SHIPMENT SHOULD BE CONSIDERED AS AN ALLOWANCE IN ADDITION TO YOUR AUTHORIZED WEIGHT ALLOWANCE.

SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 37 U.S.C. 253 (C), PROVIDES THAT IN CONNECTION WITH A CHANGE OF STATION (WHETHER TEMPORARY OR PERMANENT) MEMBERS SHALL BE ENTITLED TO TRANSPORTATION (INCLUDING PACKING, CRATING, DRAYAGE, TEMPORARY STORAGE AND UNPACKING) OF "BAGGAGE AND HOUSEHOLD EFFECTS," OR REIMBURSEMENT THEREFOR, TO AND FROM SUCH LOCATIONS AND WITHIN SUCH WEIGHT ALLOWANCES AS MAY BE PRESCRIBED BY THE SECRETARIES. PARAGRAPH 8000-2 OF THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO THAT PROVISION DEFINES THE TERM "HOUSEHOLD GOODS" AS INCLUDING HOUSEHOLD GOODS, CLOTHING, BAGGAGE, AND ALL OTHER PERSONAL EFFECTS OF A SIMILAR CHARACTER EXCEPT, AMONG OTHER THINGS, PERSONAL BAGGAGE WHEN CARRIED FREE ON TICKETS. UNDER PARAGRAPH 8001 OF THOSE REGULATIONS THE MAXIMUM WEIGHT OF HOUSEHOLD EFFECTS AND BAGGAGE WHICH YOU COULD TRANSPORT AT PUBLIC EXPENSE WAS 10,000 POUNDS,"EXCLUSIVE OF BAGGAGE THAT IS TRANSPORTED FREE OF CHARGE ON A COMMERCIAL TICKET.'

PARAGRAPH 66, ARMY REGULATIONS 55-50, DATED APRIL 15, 1955, PROVIDES THAT WHEN IT IS NECESSARY FOR THE ACCOMPLISHMENT OF THE MISSION THE AUTHORITY DIRECTING THE TRAVEL OF THE MEMBER MAY AUTHORIZE IN THE ORDERS FOR THE TRANSPORTATION BY COMMERCIAL AIRCRAFT OF NOT TO EXCEED 100 POUNDS OF PERSONAL AND/OR PUBLIC PROPERTY, IN ADDITION TO THAT CARRIED FREE ON THE TICKET. HOWEVER, PARAGRAPH 6D, ARMY REGULATIONS 55-71, DATED JULY 2, 1956, MAKES IT CLEAR THAT THE WEIGHT OF ALL PERSONAL BAGGAGE SHIPPED AT GOVERNMENT EXPENSE FOR MILITARY PERSONNEL,AND/OR THEIR DEPENDENTS IS CHARGED AGAINST THE APPLICABLE TEMPORARY OR PERMANENT WEIGHT ALLOWANCE AS PRESCRIBED IN THE JOINT TRAVEL REGULATIONS. ALSO, PARAGRAPH 8 OF THOSE REGULATIONS EXPRESSLY PROVIDES THAT THE WEIGHT ALLOWANCES PRESCRIBED FOR MILITARY PERSONNEL IN CHAPTER 8 OF THE JOINT TRAVEL REGULATIONS ARE THE MAXIMUM WEIGHTS OF HOUSEHOLD GOODS (WHICH INCLUDES BAGGAGE EXCEPT WHEN CARRIED FREE ON TICKETS) WHICH MAY BE SHIPPED FOR SUCH PERSONS FROM OVERSEAS AT GOVERNMENT EXPENSE. HENCE, THE ABOVE-MENTIONED REGULATIONS AUTHORIZING ADDITIONAL BAGGAGE ALLOWANCES IN CERTAIN INSTANCES RELATE SOLELY TO THE AUTHORITY OF A MEMBER TO SHIP A LIMITED QUANTITY OF EFFECTS BY COMMERCIAL AIRCRAFT WITHIN HIS AUTHORIZED WEIGHT ALLOWANCE AND NO INCREASE IN THE MAXIMUM WEIGHT OF EFFECTS WHICH MAY BE MOVED BY COMMERCIAL MEANS AT GOVERNMENT EXPENSE CAN RESULT FROM THE SHIPMENT OF SUCH EFFECTS.

SINCE YOU HAD EXCEEDED YOUR AUTHORIZED WEIGHT ALLOWANCE ON THE SHIPMENT OF YOUR EFFECTS FROM PRAGUE, CZECHOSLOVAKIA, MADE PRIOR TO YOUR DEPARTURE FROM THAT STATION, THERE IS NO LEGAL BASIS TO ALLOW YOUR CLAIM. ACCORDINGLY, THE SETTLEMENT OF JULY 7, 1960, IS SUSTAINED.