B-130942, JUL. 25, 1957

B-130942, JUL. 25, 1957

TO LIEUTENANT COLONEL LEON F. LAVOIE, O-32127:

REFERENCE IS MADE TO YOUR LETTER OF MAY 24, 1957, CONCERNING THE ACTION TAKEN IN OUR LETTER TO YOU DATED MAY 2, 1957, B-130942, ON YOUR CLAIM FOR REIMBURSEMENT OF ADDITIONAL EXPENSES INCURRED BY YOU WHILE TRAVELING FROM BANGKOK, THAILAND, TO CARLISLE BARRACKS, PENNSYLVANIA.

IN OUR LETTER OF MAY 2, 1957, WE ALLOWED YOU THE COST OF SHIPPING YOUR HOLD BAGGAGE BY SPECIAL TRAIN SERVICE FROM NAPLES, ITALY, TO LE HAVRE, FRANCE. 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 RATHER THAN SOUTHAMPTON, ENGLAND, WAS DISALLOWED ON THE BASIS THAT THE GOVERNMENT WAS OBLIGATED ONLY FOR TRANSPORTATION FOR YOU AND YOUR DEPENDENTS FROM SOUTHAMPTON AS ORIGINALLY BOOKED AND SCHEDULED. WE CONCLUDED THAT, NOTWITHSTANDING THE FACT THAT YOU TRAVELED CONCURRENTLY WITH SUCH BAGGAGE TO LE HAVRE, YOUR DEPARTURE FROM THAT PORT WAS FOR PERSONAL REASONS.

YOU NOW CONTEND THAT YOUR DEPARTURE FROM LE HAVRE RATHER THAN SOUTHAMPTON WAS NOT FOR PERSONAL REASONS BUT WAS NECESSITATED BY THE CHANGE IN YOUR BAGGAGE DESTINATION. YOU STATE THAT YOU WERE OBLIGATED TO PERSONALLY CLAIM YOUR LUGGAGE AT THE NORD STATION IN PARIS, TAKE IT THROUGH CUSTOMS AND TURN IT OVER TO A REPRESENTATIVE OF THE UNITED STATES LINES. YOU ALSO STATE THAT A SIMILAR PROCEDURE WOULD HAVE BEEN REQUIRED OF YOU IN LONDON, HAD TIME PERMITTED YOUR BAGGAGE TO BE SHIPPED TO SOUTHAMPTON.

AS WE POINTED OUT IN OUR LETTER OF MAY 24, 1957, YOUR CLAIM FOR THE COST OF SHIPPING YOUR HOLD BAGGAGE FROM NAPLES TO LE HAVRE WAS ALLOWED ON THE BASIS OF THE PROVISIONS OF PARAGRAPH 8052, JOINT TRAVEL REGULATIONS. THOSE REGULATIONS PROVIDE 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. THE MERE FACT THAT YOU MAY HAVE BEEN REQUIRED TO PERSONALLY CLAIM YOUR BAGGAGE EN ROUTE TO LE HAVRE WOULD NOT FORM A PROPER BASIS FOR THE ALLOWANCE OF YOUR CLAIM. THERE IS NOTHING IN THE REGULATIONS WHICH WOULD AUTHORIZE PAYMENT BY THE GOVERNMENT OF ADDITIONAL EXPENSES, SUCH AS A PORT TAX AND ADDITIONAL CABIN CHARGE, WHERE THOSE EXPENSES AROSE BECAUSE YOU AND YOUR DEPENDENTS EMBARKED AT A PORT OTHER THAN THE PORT ORIGINALLY SCHEDULED FOR THE SOLE REASON OF ACCOMPANYING YOUR BAGGAGE. UNDER THE CITED REGULATIONS, THE GOVERNMENT IS OBLIGATED TO PAY ONLY THE COST OF SHIPMENT OF THE BAGGAGE BY EXPRESS TO OR FROM PORTS OF EMBARKATION.

ACCORDINGLY, THE INFORMATION FURNISHED IN YOUR LETTER FORMS NO BASIS FOR MODIFICATION OF THE ACTION THAT HAS BEEN TAKEN IN THE MATTER.