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B-144623, JAN. 12, 1961

B-144623 Jan 12, 1961
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ALSO REFERRED HERE IS THE MATTER OF COLLECTION FROM YOU OF THE AMOUNT OF $330.71. THE SHIPMENT IN 1959 OF YOUR HOUSEHOLD EFFECTS FROM THE CONTINENTAL UNITED STATES TO THE PHILIPPINES WAS INITIALLY NOT ADMINISTRATIVELY AUTHORIZED. UPON SUBSEQUENT ISSUANCE OF CONFIRMATORY TRANSPORTATION AUTHORITY YOU WERE REIMBURSED THE EXPENSE INCURRED EXCEPT FOR THAT PORTION RELATING TO OCEAN TRANSPORTATION BECAUSE OF THE USE OF A VESSEL OF FOREIGN REGISTRY. THE DENIAL OF THE FOREIGN SHIP EXPENSE IS PREDICATED UPON SECTION 901 OF THE MERCHANT MARINE ACT OF 1936 (49 STAT. 2015). WHICH PROVIDES: "ANY OFFICER OR EMPLOYEE OF THE UNITED STATES TRAVELING ON OFFICIAL BUSINESS OVERSEAS OR TO OR FROM ANY OF THE POSSESSIONS OF THE UNITED STATES SHALL TRAVEL AND TRANSPORT HIS PERSONAL EFFECTS ON SHIPS REGISTERED UNDER THE LAWS OF THE UNITED STATES WHERE SUCH SHIPS ARE AVAILABLE UNLESS THE NECESSITY OF HIS MISSION REQUIRES THE USE OF A SHIP UNDER A FOREIGN FLAG: PROVIDED.

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B-144623, JAN. 12, 1961

TO MRS. JESSIE L. MENANDEZ:

YOUR CLAIM FOR REIMBURSEMENT OF THE EXPENSE OF $400.95 WHICH YOU INCURRED INCIDENT TO OVERSEAS EMPLOYMENT WITH THE DEPARTMENT OF THE AIR FORCE, THE COST OF OCEAN TRANSPORTATION OF YOUR HOUSEHOLD EFFECTS FROM THE CONTINENTAL UNITED STATES TO THE PHILIPPINES IN 1959, HAS BEEN REFERRED TO OUR OFFICE FOR ADJUDICATION. ALSO REFERRED HERE IS THE MATTER OF COLLECTION FROM YOU OF THE AMOUNT OF $330.71, REPRESENTING THE COST INCURRED BY THE GOVERNMENT FOR THE TRANSPORTATION OF YOUR HOUSEHOLD GOODS FROM CLARK AIR FORCE BASE, LUZON, TO MANILA, LUZON, UPON TERMINATION OF YOUR OVERSEAS EMPLOYMENT.

THE SHIPMENT IN 1959 OF YOUR HOUSEHOLD EFFECTS FROM THE CONTINENTAL UNITED STATES TO THE PHILIPPINES WAS INITIALLY NOT ADMINISTRATIVELY AUTHORIZED, AND YOU PERSONALLY ARRANGED FOR AND PAID THE COST OF THE TRANSPORTATION. UPON SUBSEQUENT ISSUANCE OF CONFIRMATORY TRANSPORTATION AUTHORITY YOU WERE REIMBURSED THE EXPENSE INCURRED EXCEPT FOR THAT PORTION RELATING TO OCEAN TRANSPORTATION BECAUSE OF THE USE OF A VESSEL OF FOREIGN REGISTRY.

THE DENIAL OF THE FOREIGN SHIP EXPENSE IS PREDICATED UPON SECTION 901 OF THE MERCHANT MARINE ACT OF 1936 (49 STAT. 2015), WHICH PROVIDES:

"ANY OFFICER OR EMPLOYEE OF THE UNITED STATES TRAVELING ON OFFICIAL BUSINESS OVERSEAS OR TO OR FROM ANY OF THE POSSESSIONS OF THE UNITED STATES SHALL TRAVEL AND TRANSPORT HIS PERSONAL EFFECTS ON SHIPS REGISTERED UNDER THE LAWS OF THE UNITED STATES WHERE SUCH SHIPS ARE AVAILABLE UNLESS THE NECESSITY OF HIS MISSION REQUIRES THE USE OF A SHIP UNDER A FOREIGN FLAG: PROVIDED, THAT THE COMPTROLLER GENERAL OF THE UNITED STATES SHALL NOT CREDIT ANY ALLOWANCE FOR TRAVEL OR SHIPPING EXPENSES INCURRED ON A FOREIGN SHIP IN THE ABSENCE OF SATISFACTORY PROOF OF THE NECESSITY THEREFOR.'

THE SECTION REQUIRES OFFICERS AND EMPLOYEES OF THE UNITED STATES TO USE SHIPS OF AMERICAN REGISTRY WHEN SUCH SHIPS ARE AVAILABLE, UNLESS THE USE OF A FOREIGN FLAG SHIP IS NECESSARY FOR THE MISSION. IT OTHERWISE PRECLUDES REIMBURSEMENT FOR THE USE OF A FOREIGN VESSEL. HEREIN, AMERICAN SHIPS WERE AVAILABLE FOR THE TRANSPORTATION OF THE EFFECTS AND THE NECESSITY FOR THE USE OF A FOREIGN VESSEL IS NOT APPARENT. THE CIRCUMSTANCES OF ADMINISTRATIVE AUTHORIZATION AFTER THE FACT OF TRANSPORTATION CANNOT BE VIEWED AS CONSTITUTING A FURTHER EXCEPTION TO SECTION 901. WHILE THE PROBLEM OF THE USE OF A FOREIGN VESSEL MAY BE ASCRIBED TO ADMINISTRATIVE FAILURE TO INITIALLY AUTHORIZE THE TRANSPORTATION OF YOUR EFFECTS, WE NEVERTHELESS MUST ADVISE YOU THAT THE CONGRESSIONAL POLICY REFLECTED IN SECTION 901 PRECLUDES THE PAYMENT OF YOUR CLAIM.

AS TO THE EXPENSE INCURRED BY THE GOVERNMENT IN TRANSPORTING YOUR HOUSEHOLD EFFECTS FROM CLARK AIR FORCE BASE TO MANILA, THE DESTINATION POINT SELECTED BY YOU FOR THE SHIPMENT UPON TERMINATION OF YOUR OVERSEAS EMPLOYMENT, YOU ARE ADVISED THAT THE CIRCUMSTANCES OF RECORD ARE SUCH THAT OUR OFFICE WILL TAKE NO ACTION TO EFFECT COLLECTION OF THAT EXPENSE.

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