B-134427, DEC. 9, 1957

B-134427, DEC. 9, 1957

TO MR. JOHN H. LAPRADE:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 7, 1957, REQUESTING REVIEW OF THE SETTLEMENT OF NOVEMBER 1, 1957, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF $51.85 COLLECTED FROM YOU AS THE COST OF SHIPPING HOLD BAGGAGE IN EXCESS OF 200 POUNDS FROM SEATTLE, WASHINGTON, TO DALLAS, TEXAS, INCIDENT TO YOUR SERVICE AS SPECIALIST, THIRD CLASS, UNITED STATES ARMY.

BY ORDERS DATED JUNE 7, 1957, YOU WERE RELEASED FROM ASSIGNMENT AT CAMP ZAMA, JAPAN, AND DIRECTED TO PROCEED SO AS TO ARRIVE AT TOKYO, JAPAN, ON JUNE 19, 1957, FOR AIR TRANSPORTATION TO THE UNITED STATES FOR SEPARATION FROM THE SERVICE. THE ORDERS AUTHORIZED CONCURRENT TRAVEL OF YOUR DEPENDENTS (WIFE AND TWO SMALL CHILDREN), AND STATED THAT YOUR HOME OF RECORD WAS DALLAS, TEXAS. YOUR RELEASE FROM ACTIVE DUTY WAS EFFECTED AT OAKLAND, CALIFORNIA, BY ORDERS DATED JUNE 25, 1957. ELEVEN PIECES OF BAGGAGE WEIGHING 796 POUNDS WERE SHIPPED FROM YOUR OVERSEAS STATION TO DALLAS, TEXAS. SHIPMENT OF THE BAGGAGE TO SEATTLE, WASHINGTON, WAS BY GOVERNMENT VESSEL. SHIPMENT FROM THE LATTER POINT TO DALLAS WAS BY COMMERCIAL MEANS UPON PAYMENT BY YOU OF $51.85 COVERING THE COST OF SHIPPING 596 POUNDS IN EXCESS OF THE WEIGHT AUTHORIZED TO BE SHIPPED AT GOVERNMENT EXPENSE.

IN THE SETTLEMENT MENTIONED ABOVE, YOU WERE ADVISED THAT THE JOINT TRAVEL REGULATIONS DEFINE THE TERM "HOUSEHOLD GOODS" AS INCLUDING BAGGAGE EXCEPT WHEN CARRIED FREE ON A PERSONAL TRANSPORTATION TICKET. REFERENCE WAS MADE TO PARAGRAPH 8003 OF SUCH REGULATIONS WHICH PROVIDES THAT FOR PERSONNEL NOT HAVING A PRESCRIBED WEIGHT ALLOWANCE, NOT TO EXCEED 200 POUNDS OF PERSONAL BAGGAGE MAY BE SHIPPED AT GOVERNMENT EXPENSE WHEN IT IS IMPRACTICABLE FOR SUCH BAGGAGE TO BE CHECKED IN BAGGAGE SERVICE ON A PERSONAL TRANSPORTATION TICKET TO ACCOMPANY THE INDIVIDUAL. IT WAS STATED THAT SINCE YOU WERE SERVING IN PAY GRADE E 4 WITH LESS THAN FOUR YEARS' SERVICE YOU DID NOT HAVE A PRESCRIBED WEIGHT ALLOWANCE. IT FURTHER WAS STATED THAT IT HAS BEEN THE POLICY OF THE DEPARTMENT OF THE ARMY TO FURNISH TRANSPORTATION ON GOVERNMENT VESSELS ON A SPACE AVAILABLE BASIS FOR CERTAIN QUANTITIES OF HOUSEHOLD EFFECTS OF PERSONNEL NOT HAVING A SPECIFIED WEIGHT ALLOWANCE BUT THAT SUCH POLICY DOES NOT CREATE A RIGHT TO TRANSPORTATION BEYOND THE PORT OF DEBARKATION. IN YOUR PRESENT LETTER YOU PLACE RELIANCE UPON ARMY REGULATIONS 55-71 AS CONSTITUTING AUTHORITY FOR ALLOWANCE OF YOUR CLAIM, AND STATE THAT YOU CAN FURNISH THE NAMES OF OTHERS WHO HAD THEIR BAGGAGE SHIPPED WITHOUT COST UNDER CIRCUMSTANCES IDENTICAL WITH YOURS.

THE TRANSPORTATION OF HOUSEHOLD GOODS (INCLUDING BAGGAGE) OF MEMBERS OF THE UNIFORMED SERVICES IS GOVERNED BY CHAPTER 8 OF THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253. UNDER THOSE REGULATIONS, THE MAXIMUM WEIGHT OF BAGGAGE WHICH YOU COULD TRANSPORT AT PUBLIC EXPENSE WAS 200 POUNDS. PARAGRAPH 8, ARMY REGULATIONS 55-71, DATED JULY 2, 1956, 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 MAY BE SHIPPED FOR SUCH PERSONS FROM OVERSEAS AT GOVERNMENT EXPENSE.

PARAGRAPH 6A OF THE CITED ARMY REGULATIONS RELATING TO THE SHIPMENT OF HOLD BAGGAGE TO AND FROM OVERSEAS STATIONS, PROVIDES THAT ENLISTED MEN ON PERMANENT CHANGE OF STATION MAY SHIP 200 POUNDS AND THAT THEIR DEPENDENTS MAY SHIP 350 POUNDS FOR EACH ADULT AND 175 POUNDS FOR EACH CHILD UNDER 12 YEARS OF AGE. PARAGRAPH 5A (2) OF THE SAME REGULATIONS DEFINES "HOLD BAGGAGE" AS PERSONAL BAGGAGE WHICH IS STOWED IN THE HOLD OR CARGO SPACE OF A VESSEL. IT WAS ON THE BASIS OF THOSE REGULATIONS THAT YOUR BAGGAGE, WEIGHING 796 POUNDS, WAS SHIPPED ABOARD A GOVERNMENT VESSEL FROM YOUR OVERSEAS STATION. HOWEVER, SUCH REGULATIONS RELATE SOLELY TO SHIPMENT BY GOVERNMENT VESSEL AND NO INCREASE IN THE MAXIMUM WEIGHT OF HOUSEHOLD GOODS WHICH MAY BE MOVED BY COMMERCIAL MEANS AT GOVERNMENT EXPENSE, CAN RESULT FROM THE SHIPMENT OF SUCH HOLD BAGGAGE. PARAGRAPH 6D OF SUCH REGULATIONS PROVIDES THAT THE WEIGHT OF ALL PERSONAL BAGGAGE SHIPPED AT GOVERNMENT EXPENSE TO OR FROM SEA TERMINALS FOR MILITARY PERSONNEL AND THEIR DEPENDENTS IS DEDUCTIBLE FROM THE APPLICABLE PERMANENT WEIGHT ALLOWANCE PRESCRIBED IN THE JOINT TRAVEL REGULATIONS. SINCE YOUR BAGGAGE EXCEEDED YOUR WEIGHT ALLOWANCE OF 200 POUNDS, ONLY THAT WEIGHT COULD BE SHIPPED AT GOVERNMENT EXPENSE.

IF AS INDICATED BY YOU, OTHER PERSONNEL SHIPPED BAGGAGE IN EXCESS OF 200 POUNDS WITHOUT CHARGE UNDER IDENTICAL CIRCUMSTANCES, SUCH FACT, EVEN IF FULLY ESTABLISHED, WOULD NOT AFFORD A LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM. IF YOU WILL FURNISH US THE NAMES AND ADDRESSES OF THOSE PERSONS, TOGETHER WITH THEIR RANK AND APPROXIMATE DATES AND POINTS OF SHIPMENT, APPROPRIATE STEPS WILL BE TAKEN TO RECOVER ANY AMOUNTS DUE THE UNITED STATES.