B-147779, JAN. 18, 1962

B-147779, JAN. 18, 1962

TO MR. CARL I. VON HELLENS:

YOUR LETTER OF NOVEMBER 27, 1961, PROTESTS OUR SETTLEMENT OF SEPTEMBER 1, 1961, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF $474.36 REPRESENTING THE COST OF SHIPMENT OF A 1955 MERCURY SEDAN FROM NEW YORK, NEW YORK, TO HAMBURG, GERMANY.

THE RECORD SHOWS THAT INCIDENT TO YOUR TRANSFER TO HAMBURG, GERMANY, YOUR TRAVEL ORDER AUTHORIZED THE TRANSPORTATION OF YOUR PERSONAL EFFECTS. FOREIGN SERVICE TRAVEL REGULATIONS, 180 FSTR 5.21, PROVIDES AS FOLLOWS:

"A TRAVEL AUTHORIZATION WHICH INCLUDES AUTHORITY FOR THE TRANSPORTATION OF EFFECTS SHALL CONSTITUTE AUTHORITY FOR THE TRANSPORTATION OF 1 AUTOMOBILE OWNED BY THE EMPLOYEE OR BY A MEMBER OF HIS FAMILY WHEN IT IS DETERMINED THAT WATER, RAIL, OR AIR TRANSPORTATION OF THE AUTOMOBILE IS NECESSARY OR EXPEDIENT FOR ANY PART OR ALL OF THE DISTANCE BETWEEN THE POINTS OF ORIGIN AND DESTINATION. IT IS HEREBY DETERMINED THAT TRANSPORTATION OF AN AUTOMOBILE FOR ALL OF THE DISTANCE BETWEEN POINTS OF ORIGIN AND DESTINATION IS NECESSARY OR EXPEDIENT WHEN NEITHER THE AUTHORIZED NOR THE ACTUAL POINTS OF ORIGIN AND DESTINATION ARE CONNECTED BY A HARD SURFACED ALL-WEATHER HIGHWAY OR BY AUTOMOBILE FERRY OR BOTH, OR WHEN AN EMPLOYEE IS TRANSFERRED OR ABSENT FROM HIS PORT UNDER ORDERS (INCLUDING COMBINED HOME LEAVE AND TRANSFER ORDERS) AND IS, THEREFORE, UNABLE TO DRIVE THE AUTOMOBILE FROM THE OLD POST TO THE NEW POST. AUTHORITY TO DETERMINE WHETHER TRANSPORTATION OF A PRIVATELY OWNED AUTOMOBILE IS NECESSARY OR EXPEDIENT IN OTHER CASES IS HEREBY DELEGATED TO THE OFFICER AUTHORIZING OR APPROVING THE TRAVEL INCLUDING TRANSPORTATION OF EFFECTS.'

IT APPEARS THAT YOU HAVE ALREADY RECEIVED REIMBURSEMENT FOR THE COST OF SHIPPING ONE CITROEN AUTOMOBILE ON JANUARY 8, 1960, FROM HELSINKI, FINLAND, TO HAMBURG, GERMANY. BY THIS SHIPMENT YOU AVAILED YOURSELF OF YOUR AUTHORITY UNDER THE REGULATIONS FOR THE SHIPMENT OF ONE AUTOMOBILE INCIDENT TO YOUR TRANSFER. YOU SUGGEST THAT THE ITEM FOR TRANSPORTATION OF YOUR CITROEN AUTOMOBILE SHOULD BE DISALLOWED AS AN INCIDENTAL COST OF YOUR TRANSFER AND THAT THE ITEM $474.36 FOR TRANSPORTATION OF ANOTHER AUTOMOBILE FROM NEW YORK, TO HAMBURG, SHOULD BE ALLOWED. THE COST OF SHIPPING YOUR CITROENAUTOMOBILE WAS ADMINISTRATIVELY ALLOWED AND APPLIED AGAINST YOUR TRAVEL ADVANCE. THE DEPARTMENT OF STATE FURTHER DETERMINED THAT THE LATER SHIPMENT OF ANOTHER AUTOMOBILE REPRESENTED A "SUBSEQUENT SHIPMENT IN EXCESS OF ALLOWANCE," AND REPORTEDLY REFUSED TO CONCUR WITH YOUR PROPOSAL. IN THE ABSENCE OF ANY MANDATORY LAW CONCERNING THE SUBSTITUTION OF ONE SHIPMENT FOR ANOTHER, OUR OFFICE MANY NOT DISTURB THE ADMINISTRATIVE DETERMINATION WHICH HAS BEEN MADE IN YOUR CASE. THEREFORE, NO AUTHORITY EXISTS UNDER THE REGULATIONS FOR REIMBURSEMENT OF THE COSTS INCURRED IN CONNECTION WITH THE SHIPMENT OF A SECOND AUTOMOBILE FROM NEW YORK, NEW YORK, TO HAMBURG, GERMANY.

UPON REVIEW, ON THE PRESENT RECORD OUR SETTLEMENT OF SEPTEMBER 1, 1961, MUST BE AND IS HEREBY SUSTAINED.