B-163496, APRIL 18, 1968, 47 COMP. GEN. 572

B-163496, APRIL 18, 1968, 47 COMP. GEN. 572

TRANSPORTATION - HOUSEHOLD EFFECTS - OVERSEAS EMPLOYEES - SHIPMENT INCIDENT TO HOME LEAVE THE COST TO A CIVILIAN EMPLOYEE OF TRANSPORTING A "HI FI SYSTEM" INCIDENT TO HIS RETURN TO HIS OVERSEAS DUTY STATION FROM HOME LEAVE IS NOT REIMBURSABLE UNDER ORDERS THAT AUTHORIZED THE SHIPMENT OF BAGGAGE, WHICH CONSISTS OF THOSE ARTICLES A TRAVELER "BAGS UP" AND "LUGS ALONG," OR HAS CARRIED FOR HIM ON HIS JOURNEY FOR HIS COMFORT OR CONVENIENCE DURING THE JOURNEY OR UPON ARRIVAL AT DESTINATION. THEREFORE, THE "HI FI" NOT CONSTITUTING BAGGAGE BUT HOUSEHOLD EFFECTS COMPARABLE TO OTHER INSTRUMENTS WHICH ARE USED FOR RESIDENTIAL OR SOCIAL AMUSEMENT AND ENTERTAINMENT, THE COST OF ITS TRANSPORTATION MAY NOT BE ALLOWED ON THE BASIS IT IS UNACCOMPANIED BAGGAGE.

TO J. E. FOWLER, JR., UNITED STATES DEPARTMENT OF THE INTERIOR, APRIL 18, 1968:

WE REFER TO YOUR LETTER OF FEBRUARY 5, 1968, CONCERNING THE ENCLOSED TRAVEL VOUCHER IN THE AMOUNT OF $150.94 WHICH DONALD P. SCHLICK RECLAIMS FOR THE REASONS HE GIVES ON THE VOUCHER AND RELATED PAPERS. THAT AMOUNT WAS COLLECTED ADMINISTRATIVELY FROM THE SUM OF $544.50 OTHERWISE PAYABLE FOR CERTAIN TRAVEL EXPENSES INCURRED BY MR. SCHLICK AND HIS DEPENDENTS INCIDENT TO THEIR RETURN FROM PITTSBURGH, PENNSYLVANIA, TO LAHORE, PAKISTAN, AFTER COMPLETION OF A PERIOD OF HOME LEAVE UNDER TRAVEL AUTHORIZATION NO. WO-ADM-56 DATED SEPTEMBER 21, 1966.

THE ADMINISTRATIVE COLLECTION OF THE $150.94 REPRESENTS AN AMOUNT WHICH THE UNITED DESPATCH AGENCY, NEW YORK, NEW YORK, HAD PAID ON A SEPARATE VOUCHER FOR THE TRANSPORTATION OF FIVE CASES DESCRIBED AS "HI FI SYSTEM" ON BILL OF LADING NO. 110-32493 DATED JANUARY 12, 1967, BY THE STATES MARINE--- ISTHMIAN AGENCY, INC. SUCH FIVE CASES WERE CARRIED BY THE SS STEEL AGE FROM NEW ORLEANS, LOUISIANA, TO KARACHI, PAKISTAN. THE REASON FOR THE COLLECTION READS IN PART AS FOLLOWS:

* * * THIS HOUSEHOLD EQUIPMENT DOES NOT COME WITHIN THE DEFINITION OF "BAGGAGE" SHIPMENT OF WHICH WAS AUTHORIZED IN TRAVEL AUTHORIZATION NO. WO- ADM-56, 9/21/66 CITED ON CARRIER'S BILL. THE DEFINITION OF BAGGAGE IS QUOTED BELOW FROM SECTION 117E AID MANUAL ORDER NO. 560.2. BAGGAGE--- OFFICIAL AND PERSONAL PROPERTY NEEDED FOR USE ENROUTE OR IMMEDIATELY UPON ARRIVAL AT DESTINATION.'

MR. SCHLICK CONTENDS THAT THE SHIPMENT OF THE "HI-FI" CASES SHOULD BE ALLOWED UNDER THE PROVISIONS OF HIS TRAVEL ORDER AND ADMINISTRATIVE REGULATIONS PERMITTING SHIPMENT OF UNACCOMPANIED BAGGAGE.

WE POINT OUT THAT NOT EVERY ARTICLE OF PERSONAL PROPERTY WHICH MIGHT BE TREATED BY THE FAMILY MEMBERS AS PERSONAL EFFECTS IN AND AROUND THE HOME COULD HAVE THE NATURE OF BAGGAGE. THE TERM ,BAGGAGE" USUALLY IS REGARDED AS THOSE ARTICLES WHICH THE TRAVELER "BAGS UP" AND "LUGS ALONG" OR HAS CARRIED FOR HIM ON A JOURNEY. SUCH ARTICLES GENERALLY ARE CONSIDERED TO BE FOR THE TRAVELER'S COMFORT, CONVENIENCE, ADORNMENT, ETC., DURING THE JOURNEY OR FOR SUCH USE BY THE TRAVELER IMMEDIATELY UPON ARRIVAL AT DESTINATION, DEPENDING OF COURSE UPON THE PURPOSE AND LENGTH OF THE JOURNEY, ITS OBJECTS AND THE OWNER'S HABITS, SOCIAL STANDING AND OCCUPATION. SEE WORDS AND PHRASES, VOLUME 5, PAGES 44 TO 64. IN OTHER WORDS, WHILE PROPERTY WHICH IS TO BE USED ULTIMATELY AS FURNITURE OR AS PART OF THE EQUIPMENT OF A RESIDENCE IS TO BE REGARDED AS PART OF THE HOUSEHOLD EFFECTS, IT MAY ORDINARILY NOT BE REGARDED AS PART OF THE BAGGAGE. OF COURSE, BAGGAGE OR LUGGAGE MAY BE TRANSPORTED BY OR IN SEPARATE VEHICLUAR FACILITIES OR APART FROM THE MEANS OF TRAVEL USED BY THE TRAVELER, BUT WE ARE AWARE OF NO AUTHORITY WHICH WOULD WARRANT US TO HOLD THAT THE FIVE CASES (85 CUBIC FEET OR 784 POUNDS) HERE IN QUESTION SHOULD BE CONSIDERED AS BAGGAGE. ALTHOUGH THE USE OF A "HI-FI" SYSTEM CAN BE SAID TO SUPPLY SOME PERSONAL NEEDS IN THE RESIDENCE, THE MOVEMENT THEREOF IN THIS CASE SEEMS TO HAVE BEEN MORE IN THE NATURE OF TRANSPORTATION OF HOUSEHOLD EFFECTS COMPARABLE TO THAT OF OTHER LARGE INSTRUMENTS WHICH ARE USED FOR RESIDENTIAL OR SOCIAL AMUSEMENT AND ENTERTAINMENT.

IN THE CIRCUMSTANCES AND FOR THE REASONS INDICATED ABOVE, WE CONSIDER THE ADMINISTRATIVE COLLECTION OF THE $150.94 TO HAVE BEEN CORRECT. THEREFORE THE SUBMITTED VOUCHER WHICH IS RETURNED HEREWITH MAY NOT BE CERTIFIED FOR PAYMENT.