B-126932, MAY 20, 1965
Highlights
TO STAFF SERGEANT SANTIAGO GUASP: FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 13. YOU WERE REASSIGNED FROM YOUR OVERSEAS STATION TO THE 90TH AG BATTALION REPLACEMENT. YOU WERE FURTHER ASSIGNED TO HEADQUARTERS. WAS RESHIPPED BY YOU FROM SAVANNAH TO SAN JUAN. DISALLOWED YOUR CLAIM FOR THE REASON THAT THERE IS NO PROVISION FOR REIMBURSING A MEMBER WHO MAKES HIS OWN ARRANGEMENTS FOR SHIPPING HIS VEHICLE ON A COMMERCIAL VESSEL REGARDLESS OF THE REASONS FOR MAKING SUCH ARRANGEMENTS. THAT IT WAS NOT POSSIBLE FOR YOU TO ARRANGE GOVERNMENT TRANSPORTATION FOR YOUR AUTOMOBILE FROM SAVANNAH. BECAUSE YOU COULD NOT GO TO SAVANNAH AND YOUR ORDERS DID NOT CITE AN APPROPRIATION SHOWING THAT YOU WERE AUTHORIZED SHIPMENT OF AN AUTOMOBILE AT GOVERNMENT EXPENSE.
B-126932, MAY 20, 1965
TO STAFF SERGEANT SANTIAGO GUASP:
FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 13, 1965, IN EFFECT REQUESTING RECONSIDERATION OF OUR SETTLEMENT DATED APRIL 8, 1965, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF SHIPPING YOUR PRIVATELY OWNED AUTOMOBILE FROM SAVANNAH, GEORGIA, TO SAN JUAN, PUERTO RICO, DURING OCTOBER 1964.
BY SPECIAL ORDERS 26 DATED JUNE 17, 1964, U.S. ARMY ELEMENT, MAAG SPAIN, YOU WERE REASSIGNED FROM YOUR OVERSEAS STATION TO THE 90TH AG BATTALION REPLACEMENT, HHD, FORT BENNING, GEORGIA, EFFECTIVE JULY 19, 1964. SPECIAL ORDERS 175 DATED JULY 30, 1964, ISSUED BY HEADQUARTERS U.S. ARMY INFANTRY CENTER, FORT BENNING, GEORGIA, YOU WERE FURTHER ASSIGNED TO HEADQUARTERS, ANTILLES COMMAND (2900), APO 851, NEW YORK, NEW YORK, AND INSTRUCTED TO REPORT THERE DIRECTLY UPON EXPIRATION OF YOUR LEAVE AND TRAVEL TIME.
YOUR AUTOMOBILE, WHICH HAD BEEN SHIPPED BY YOU FROM OVERSEAS TO SAVANNAH, GEORGIA, WAS RESHIPPED BY YOU FROM SAVANNAH TO SAN JUAN, PUERTO, RICO, FOLLOWING RECEIPT OF THE ORDERS OF JULY 30, 1964. THE SETTLEMENT OF APRIL 8, 1965, DISALLOWED YOUR CLAIM FOR THE REASON THAT THERE IS NO PROVISION FOR REIMBURSING A MEMBER WHO MAKES HIS OWN ARRANGEMENTS FOR SHIPPING HIS VEHICLE ON A COMMERCIAL VESSEL REGARDLESS OF THE REASONS FOR MAKING SUCH ARRANGEMENTS. AS A BASIS FOR ALLOWANCE OF YOUR CLAIM YOU EXPLAIN IN YOUR LETTER OF APRIL 13, 1965, THAT IT WAS NOT POSSIBLE FOR YOU TO ARRANGE GOVERNMENT TRANSPORTATION FOR YOUR AUTOMOBILE FROM SAVANNAH, GEORGIA, TO SAN JUAN, PUERTO RICO, BECAUSE YOU COULD NOT GO TO SAVANNAH AND YOUR ORDERS DID NOT CITE AN APPROPRIATION SHOWING THAT YOU WERE AUTHORIZED SHIPMENT OF AN AUTOMOBILE AT GOVERNMENT EXPENSE.
THE STATUTORY AUTHORITY FOR TRANSOCEANIC SHIPMENT AT GOVERNMENT EXPENSE OF PRIVATELY OWNED VEHICLES OF MEMBERS OF THE ARMED FORCES IS CONTAINED IN 10 U.S.C. 2634 (AS AMENDED BY THE ACT OF AUGUST 14, 1964,PUBLIC LAW 88- 431, 78 STAT. 439, WHICH AMENDMENT DOES NOT AFFECT YOUR CLAIM) AND PROVIDES AS FOLLOWS:
"SECS. 2634. MOTOR VEHICLES: FOR MEMBERS ON PERMANENT CHANGE OF STATION
"WHEN A MEMBER OF AN ARMED FORCE IS ORDERED TO MAKE A PERMANENT CHANGE OF STATION, ONE MOTOR VEHICLE OWNED BY HIM AND FOR HIS PERSONAL USE MAY BE TRANSPORTED TO HIS NEW STATION AT THE EXPENSE OF THE UNITED STATES---
"/1) ON A VESSEL OWNED, LEASED, OR CHARTERED BY THE UNITED STATES; OR
"/2) BY PRIVATELY OWNED AMERICAN SHIPPING SERVICES; UNLESS A MOTOR VEHICLE OWNED BY HIM WAS TRANSPORTED IN ADVANCE OF THAT PERMANENT CHANGE OF STATION UNDER SECTION 406 (H) OF TITLE 37.'
THE STATUTE IS NOT SELF-EXECUTING BUT REQUIRES THAT IMPLEMENTING REGULATIONS BE ISSUED BY THE SECRETARIES OF THE SERVICES CONCERNED. WHILE THE STATUTE AND REGULATIONS PROVIDE FOR TRANSOCEANIC SHIPMENT AT GOVERNMENT EXPENSE OF PRIVATELY OWNED VEHICLES ON COMMERCIAL AMERICAN VESSELS, THEY CONTEMPLATE THAT ARRANGEMENTS FOR SUCH SHIPMENT WILL BE MADE BY THE APPROPRIATE SHIPPING OFFICER. IN THIS RESPECT, ARMY REGULATIONS 55 -76 WHICH PRESCRIBES THE POLICIES AND PROCEDURES FOR OVERSEAS SHIPMENT OF PRIVATELY OWNED AUTOMOBILES, PROVIDES (IN PARAGRAPH 13) THAT A SPONSOR (MILITARY OR CIVILIAN) IS NOT AUTHORIZED REIMBURSEMENT FOR THE COST OF SHIPMENT OF A PRIVATELY OWNED VEHICLE BY COMMERCIAL MEANS IF HE PERSONALLY ARRANGES FOR SUCH SERVICE. COMMANDERS OF ARMY TERMINALS ARE RESPONSIBLE FOR THE PREPARATION AND PROCESSING OF PRIVATELY OWNED VEHICLES FOR OVERSEAS SHIPMENT AND THE MILITARY SEA TRANSPORTATION SERVICE IS CHARGED WITH THE RESPONSIBILITY OF DETERMINING WHETHER THE VEHICLE SHOULD BE SHIPPED ON A GOVERNMENT VESSEL OR A COMMERCIAL VESSEL (PARAGRAPH 4A AND B OF THE REGULATIONS).
THE ABOVE-CITED ARMY REGULATIONS, PROMULGATED PURSUANT TO LAW, MAKE NO EXCEPTION IN CASES SUCH AS YOURS TO THE PROHIBITION THAT REIMBURSEMENT IS NOT AUTHORIZED WHEN THE MEMBER PERSONALLY ARRANGES FOR SUCH SHIPMENT. ACCORDINGLY, THE SETTLEMENT OF APRIL 8, 1965, DISALLOWING YOUR CLAIM WAS CORRECT AND MUST BE SUSTAINED.
WITH REGARD TO YOUR REQUEST THAT THE COMPLETE FILE WITH COPIES OF ALL DOCUMENTS IN YOUR CASE BE FURNISHED YOU TO SUBMIT TO THE INSPECTOR GENERAL FOR A POSSIBLE COMPLAINT, YOU ARE ADVISED THAT IT WILL BE NECESSARY TO RETAIN THEM HERE SINCE THEY CONSTITUTE A PART OF THE RECORD ON WHICH THE SETTLEMENT DISALLOWING YOUR CLAIM WAS BASED, WHICH ACTION IS FINAL AND CONCLUSIVE ON THE EXECUTIVE BRANCH OF THE GOVERNMENT. I GAO MANUAL 3040.10; 8 ID. 2010.10.