B-142663, AUG. 25, 1960
Highlights
J. CASSERLY: REFERENCE IS MADE TO YOUR LETTER OF JULY 28. IN WHICH THERE WAS SUSTAINED THE ACTION TAKEN IN OUR SETTLEMENT OF JANUARY 29. YOU WERE ADVISED IN THE DECISION OF MAY 20. BOTH THE STATUTE AND REGULATIONS CONTEMPLATE THAT ARRANGEMENTS FOR SUCH SHIPMENT WILL BE MADE BY THE APPROPRIATE SHIPPING OFFICER. YOU REQUEST THAT THE MATTER BE RECONSIDERED ON THE BASIS OF WHAT IS FAIR. IS VALID. WAS AUTHORIZED PROVIDED NO ADDITIONAL COST TO THE GOVERNMENT WAS INVOLVED. THERE IS NOTHING IN THE CITED STATUTE AND REGULATIONS WHICH PURPORTS TO AUTHORIZE REIMBURSEMENT OF ACCOUNTS EXPENDED FOR TRANSPORTING PRIVATELY OWNED AUTOMOBILES ON VESSELS COMMERCIALLY OWNED AND OPERATED. THE AUTHORIZATION TO SHIP YOUR AUTOMOBILE WAS MADE ON THE ASSUMPTION THAT YOU WOULD MAKE ARRANGEMENTS FOR THE SHIPMENT IN ACCORDANCE WITH PROCEDURE ESTABLISHED BY THE NAVY.
B-142663, AUG. 25, 1960
TO LIEUTENANT COMMANDER C. J. CASSERLY:
REFERENCE IS MADE TO YOUR LETTER OF JULY 28, 1960, REQUESTING RECONSIDERATION OF OUR DECISION TO YOU DATED MAY 20, 1960, B-142663, IN WHICH THERE WAS SUSTAINED THE ACTION TAKEN IN OUR SETTLEMENT OF JANUARY 29, 1960, WHICH DISALLOWED YOUR CLAIM FOR $350, REPRESENTING EXPENSES INCURRED FOR SHIPMENT OF YOUR AUTOMOBILE FROM GENOA, ITALY, TO NEW YORK, NEW YORK, INCIDENT TO YOUR RETURN FROM OVERSEAS.
YOU WERE ADVISED IN THE DECISION OF MAY 20, 1960, THAT WHILE THE ACT OF MAY 28, 1956, 70 STAT. 187, 46 U.S.C. 1241 (G), WHICH AMENDED SECTION 901 OF THE MERCHANT MARINE ACT OF 1936, AS AMENDED, AND THE IMPLEMENTING NAVAL REGULATIONS PROVIDE FOR TRANSOCEANIC SHIPMENT AT GOVERNMENT EXPENSE OF PRIVATELY OWNED VEHICLES ON COMMERCIAL AMERICAN VESSELS, BOTH THE STATUTE AND REGULATIONS CONTEMPLATE THAT ARRANGEMENTS FOR SUCH SHIPMENT WILL BE MADE BY THE APPROPRIATE SHIPPING OFFICER. NEITHER THE STATUTE NOR THE REGULATIONS CONTAIN ANY PROVISION FOR REIMBURSING A MEMBER WHO MAKES HIS OWN ARRANGEMENTS FOR SHIPPING HIS VEHICLE ON A COMMERCIAL VESSEL. YOU REQUEST THAT THE MATTER BE RECONSIDERED ON THE BASIS OF WHAT IS FAIR, EQUITABLE AND LEGAL, AND ASSERT THAT THE LAW AND REGULATIONS CURRENTLY IN EFFECT PROVIDE SUFFICIENT AUTHORITY FOR ADMINISTRATIVE REIMBURSEMENT OF VALID CLAIMS. YOU THINK THAT YOUR CLAIM FOR $350, OR A PORTION OF THAT AMOUNT, IS VALID.
IN CONNECTION WITH YOUR RETURN FROM KARACHI, PAKISTAN, TO THIS COUNTRY, SHIPMENT OF YOUR AUTOMOBILE FROM GENOA, ITALY, TO NEW YORK, NEW YORK, WAS AUTHORIZED PROVIDED NO ADDITIONAL COST TO THE GOVERNMENT WAS INVOLVED. THERE IS NOTHING IN THE CITED STATUTE AND REGULATIONS WHICH PURPORTS TO AUTHORIZE REIMBURSEMENT OF ACCOUNTS EXPENDED FOR TRANSPORTING PRIVATELY OWNED AUTOMOBILES ON VESSELS COMMERCIALLY OWNED AND OPERATED. THE AUTHORIZATION TO SHIP YOUR AUTOMOBILE WAS MADE ON THE ASSUMPTION THAT YOU WOULD MAKE ARRANGEMENTS FOR THE SHIPMENT IN ACCORDANCE WITH PROCEDURE ESTABLISHED BY THE NAVY. IN THE CIRCUMSTANCES, THERE IS NO LEGAL GROUND UPON WHICH YOU MAY BE REIMBURSED FOR ANY OF THE CHARGES INCURRED BY YOU IN TRANSPORTING YOUR AUTOMOBILE BY COMMERCIAL VESSEL TO THIS COUNTRY FROM OVERSEAS.
RELATIVE TO YOUR REQUEST THAT THE MATTER BE RECONSIDERED ON AN EQUITABLE BASIS, IT MAY BE STATED THAT THE AUTHORITY OF OUR OFFICE UNDER SECTION 236, REVISED STATUTES, AS AMENDED BY SECTION 305 OF THE BUDGET AND ACCOUNTING ACT OF 1921, 31 U.S.C. 71, DOES NOT EXTEND TO CLAIMS BASED SOLELY ON EQUITABLE OR MORAL OBLIGATION. WE TRUST YOU WILL UNDERSTAND THAT WE ARE LIMITED IN THE SETTLEMENT OF CLAIMS TO THE APPLICABLE STATUTES AND REGULATIONS.
ACCORDINGLY, WE HAVE NO CHOICE BUT TO AFFIRM OUR DECISION OF MAY 20, 1960.