B-144144, MAR. 17, 1961
Highlights
DEVLIN: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 31. YOUR CLAIM WAS DISALLOWED BY SETTLEMENT OF JULY 7. WITH YOUR PRESENT LETTER YOU FURNISHED ADDITIONAL INFORMATION RELATIVE TO THE SHIPMENT OF YOUR EFFECTS WHICH IS CONSIDERED TO ESTABLISH THAT THE WEIGHT ALLOWANCE WHICH YOU WERE AUTHORIZED TO SHIP UNDER YOUR ORDERS OF MAY 18. WAS NOT EXCEEDED UNTIL JUNE 30. ON WHICH DATE PRIORITY BAGGAGE WITH A GROSS WEIGHT OF 861 POUNDS WAS SHIPPED FROM NURNBERG. INCLUDING BAGGAGE WEIGHING MORE THAN THE EXCESS WEIGHT FOR WHICH YOU ARE CHARGEABLE THAT HAD NOT BEEN INVOLVED IN THE PREVIOUS SHIPMENT. IT IS CONSIDERED. THAT THE EXCESS COSTS FOR WHICH YOU WERE LIABLE SHOULD HAVE BEEN CHARGED AGAINST SUCH PRIORITY BAGGAGE SHIPMENT RATHER THAN AGAINST THE BAGGAGE ACCOMPANYING YOU.
B-144144, MAR. 17, 1961
TO LIEUTENANT COLONEL FRANCIS T. DEVLIN:
REFERENCE IS MADE TO YOUR LETTER OF JANUARY 31, 1961, WITH ENCLOSURES, REQUESTING RECONSIDERATION OF OUR DECISION TO YOU DATED DECEMBER 19, 1960, B-144144. IN THAT DECISION WE SUSTAINED THE ACTION TAKEN BY OUR CLAIMS DIVISION IN DISALLOWING YOUR CLAIM FOR $413.85, REPRESENTING THE AMOUNT PAID BY YOU FOR THE SHIPMENT OF EXCESS BAGGAGE WHICH ACCOMPANIED YOU FROM PRAGUE, CZECHOSLOVAKIA, TO WASHINGTON, D.C., INCIDENT TO YOUR CHANGE OF DUTY STATION UNDER ORDERS DATED MAY 18, 1959. YOUR CLAIM WAS DISALLOWED BY SETTLEMENT OF JULY 7, 1960, FOR THE REASON THAT YOU HAD ALREADY EXCEEDED YOUR WEIGHT ALLOWANCE ON THE PRIOR SHIPMENT OF YOUR EFFECTS FROM PRAGUE INCIDENT TO THE SAME ORDERS.
WITH YOUR PRESENT LETTER YOU FURNISHED ADDITIONAL INFORMATION RELATIVE TO THE SHIPMENT OF YOUR EFFECTS WHICH IS CONSIDERED TO ESTABLISH THAT THE WEIGHT ALLOWANCE WHICH YOU WERE AUTHORIZED TO SHIP UNDER YOUR ORDERS OF MAY 18, 1959, WAS NOT EXCEEDED UNTIL JUNE 30, 1959, ON WHICH DATE PRIORITY BAGGAGE WITH A GROSS WEIGHT OF 861 POUNDS WAS SHIPPED FROM NURNBERG, GERMANY, INCLUDING BAGGAGE WEIGHING MORE THAN THE EXCESS WEIGHT FOR WHICH YOU ARE CHARGEABLE THAT HAD NOT BEEN INVOLVED IN THE PREVIOUS SHIPMENT. IT IS CONSIDERED, THEREFORE, THAT THE EXCESS COSTS FOR WHICH YOU WERE LIABLE SHOULD HAVE BEEN CHARGED AGAINST SUCH PRIORITY BAGGAGE SHIPMENT RATHER THAN AGAINST THE BAGGAGE ACCOMPANYING YOU.
ACCORDINGLY, WE HAVE TODAY INSTRUCTED OUR CLAIMS DIVISION TO RECOMPUTE THE EXCESS COSTS OF YOUR EFFECTS ON THE INDICATED BASIS, GIVING DUE CONSIDERATION TO YOUR CREDIT FOR $74.98 PREVIOUSLY COLLECTED FROM YOU AS EXCESS COSTS, AND TO YOUR CLAIM FOR REIMBURSEMENT OF THE AIR SHIPMENT COSTS FROM PRAGUE TO WASHINGTON, D.C. YOU WILL BE ADVISED IN THE MATTER IN DUE COURSE.