B-165400, NOV. 19, 1968

B-165400, NOV. 19, 1968

TO PROFESSOR WARREN G. BERG:

YOUR LETTER OF SEPTEMBER 25, 1968, REQUESTS RECONSIDERATION OF THAT PORTION OF OUR SETTLEMENT DATED SEPTEMBER 17, 1968, WHICH DISALLOWED AN ITEM OF $225 FOR EXCESS BAGGAGE IN CONNECTION WITH YOUR TRAVEL FROM MALTA TO DECORAH, JUNE 10 TO AUGUST 11, 1967. THE HONORABLE JOHN C. CULVER ALSO HAS REFERRED THE MATTER TO US AND REQUESTS OUR REPORT THEREON.

SPECIFICALLY YOU REQUEST THAT THE $225 CLAIMED FOR UNACCOMPANIED EXCESS BAGGAGE SHIPPED ON OR ABOUT JUNE 10, 1967, BY PARCEL POST FROM MALTA TO DECORAH, IOWA, BE ALLOWED BECAUSE YOU WERE PAID THAT AMOUNT FOR THE OUTGOING TRIP FOR SUCH BAGGAGE. FURTHER, YOU ARE OF THE OPINION THAT THE ORIGINAL AUTHORIZATION WAS AMBIGUOUS. YOU SAY THAT YOUR EXCESS BAGGAGE REPRESENTED CLOTHING FOR A FAMILY OF SEVEN FOR A PERIOD OF 1 YEAR AND INCLUDED CAMPING EQUIPMENT. IN ADDITION, YOU SAY THAT NO ONE KNOWLEDGEABLE CONCERNING SUCH MATTER AT ANY TIME ADVISED YOU THAT THE MANNER OF SHIPMENT--PARCEL POST TO MALTA--WAS IMPROPER OR THAT YOU WOULD BE REQUIRED TO SHOW THE WEIGHT OF THE BAGGAGE SHIPPED.

WE UNDERSTAND HOW WHEN GOVERNMENT TRAVEL IS NEW TO THE TRAVELER CONFUSION CAN AND OFTEN DOES ARISE. HOWEVER, YOUR TRAVEL AUTHORIZATION APPARENTLY INTENDED TO PRESCRIBE A LIMITATION OF 100 POUNDS OF ACCOMPANIED OR UNACCOMPANIED EXCESS BAGGAGE. YOU ACKNOWLEDGE SUCH LIMITATION IN YOUR REQUEST FOR RECONSIDERATION. SINCE SUCH BAGGAGE REPRESENTED CLOTHING FOR A FAMILY OF SEVEN PLUS CAMPING EQUIPMENT IT IS CONCEDED, EVEN THOUGH NO EVIDENCE OF THE WEIGHT THEREOF HAS BEEN FURNISHED, THAT YOU SHIPPED (PARCEL POST) MORE THAN 100 POUNDS OF UNACCOMPANIED EXCESS BAGGAGE. THAT CONNECTION WE POINT OUT THAT THE RECORD BEFORE THIS OFFICE FAILS TO CONTAIN ANY INDICATION THAT UNDER THE TERMS OF YOUR GRANT OR THE TRAVEL ORDER ISSUED PURSUANT THERETO YOU WOULD BE ENTITLED TO INCLUDE THE BAGGAGE OF MEMBERS OF YOUR FAMILY OR CAMPING EQUIPMENT IN THE BAGGAGE ALLOWANCE REFERRED TO ABOVE.

REGARDLESS OF THE FACT THAT THE BAGGAGE SHIPPED BY YOU MIGHT HAVE INCLUDED EFFECTS FOR YOUR FAMILY WE ARE ASSUMING THAT YOU WOULD HAVE HAD AT LEAST 100 POUNDS OF EXCESS BAGGAGE CONSISTING OF YOUR OWN EFFECTS. THEREFORE, AND AS YOU UNDERSTOOD THE TERMS OF YOUR GRANT TO INCLUDE AN AMOUNT EQUIVALENT TO THE COST OF SHIPPING 100 POUNDS OF EXCESS EFFECTS BY AIR (UNACCOMPANIED OR ACCOMPANIED) THE MATTER WILL BE SETTLED ON THAT BASIS.

THE RECORD SHOWS THAT ON THE OUTGOING TRIP YOU CARRIED 16 KILOS OF EXCESS BAGGAGE WITH YOU ON THE SAME PLANE. UNDER THE APPLICABLE TARIFF YOU ARE AUTHORIZED TO BE PAID THEREFOR AT THE RATE OF $4.17 PER KILO FROM NEW YORK CITY TO BERGEN, NORWAY, AMOUNTING TO $66.72. SINCE YOUR AUTHORIZATION WAS FOR 100 POUNDS OR 45.5 KILOS, THE DIFFERENCE OVER AND ABOVE THE 16 KILOS REFERRED TO ABOVE OR 29.5 KILOS, NOT HAVING ACCOMPANIED YOU ON THE SAME PLANE CANNOT BE PAID AT THE PASSENGER RATE APPLIED TO THE 16 KILOS. RATHER, SUCH UNACCOMPANIED EXCESS BAGGAGE MUST BE COMPUTED AT THE AIR CARGO RATE OF $2.58 PER KILO FROM CHICAGO TO MALTA AMOUNTING TO $76.11. FOR THE OUTGOING TRIP, THE MOST THAT WE CAN ALLOW WOULD BE A TOTAL OF $142.83 ($66.72 PLUS $76.11). ON THE RETURN TRIP THE AIR CARGO RATE OF $2.58 PER KILO IS FOR APPLICATION TO THE 45.5 KILOS OR 100 POUNDS AUTHORIZED UNACCOMPANIED EXCESS BAGGAGE AMOUNTING TO $116.10 FROM MALTA TO CHICAGO. THAT SUM PLUS $142.83 TOTALS $258.93. SINCE YOU HAVE ALREADY BEEN PAID THE SUM OF $225 (ONE WAY) WE CAN ONLY ALLOW YOU THE DIFFERENCE BETWEEN $258.93 AND THE $225 OR THE SUM OF $33.93, FOR WHICH A SETTLEMENT IN YOUR FAVOR WILL BE MADE IN DUE COURSE.

A COPY OF THIS DECISION HAS BEEN FURNISHED THE HONORABLE JOHN C. CULVER.