B-123293, JUL. 21, 1955

B-123293: Jul 21, 1955

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MOORE: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 5. SINCE THAT TIME YOU APPARENTLY HAVE REMAINED IN THE EMPLOY OF THE CENTRAL EXCHANGE SERVICE IN JAPAN. APPROVAL OF YOUR APPLICATION WAS DENIED INASMUCH AS THE DEPARTMENT OF THE ARMY REFUSED TO AUTHORIZE THE SHIPMENT OF MOTOR VEHICLES TO EMPLOYEES ABROAD WHO HAD LESS THAN ONE REMAINING YEAR TO SERVE UNDER AN EXISTING EMPLOYMENT AGREEMENT. THE ACTION DENYING YOUR TRANSPORTATION APPLICATION WAS TAKEN AFTER IT HAD BEEN ASCERTAINED THAT YOU WERE THEN SERVING ON A MONTH-TO-MONTH BASIS AND UNDER NO LEGAL OBLIGATION TO REMAIN AT THE OVERSEAS POST FOR ONE ADDITIONAL YEAR. REPRESENTING THE COST STATED TO HAVE BEEN INCURRED IN TRANSPORTING YOUR AUTOMOBILE TO JAPAN.

B-123293, JUL. 21, 1955

TO MR. THOMAS J. MOORE:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 5, 1955, ACKNOWLEDGED MARCH 11, REQUESTING REVIEW OF GENERAL ACCOUNTING OFFICE SETTLEMENT DATED JUNE 8, 1954, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES INCURRED FOR THE TRANSPORTATION OF YOUR AUTOMOBILE FROM SAN FRANCISCO, CALIFORNIA, TO YOKOHAMA, JAPAN, DURING 1952, WHILE AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY, CENTRAL EXCHANGE SERVICE, HEADQUARTERS AND SERVICE COMMAND, FAR EAST COMMAND, APO 500.

THE RECORD SHOWS THAT YOU ACCEPTED AN APPOINTMENT FOR OVERSEAS DUTY WITH THE CENTRAL EXCHANGE SERVICE AND THAT IN AUGUST 1946 YOU TRAVELED FROM BOSTON, MASSACHUSETTS, TO TOKYO, JAPAN, PURSUANT TO TRAVEL ORDERS DATED AUGUST 7, 1946, AT GOVERNMENT EXPENSE. SINCE THAT TIME YOU APPARENTLY HAVE REMAINED IN THE EMPLOY OF THE CENTRAL EXCHANGE SERVICE IN JAPAN, SUCH SERVICES HAVING BEEN RENDERED ON A MONTH-TO-MONTH BASIS SINCE YOUR ORIGINAL AGREEMENT FOR OVERSEAS DUTY EXPIRED.

THE FILE CONTAINS A COPY OF YOUR APPLICATION DATED JUNE 20, 1952, WHEREIN YOU REQUESTED TRANSPORTATION OF YOUR 1952 CHEVROLET SEDAN TO YOUR OVERSEAS STATION. APPROVAL OF YOUR APPLICATION WAS DENIED INASMUCH AS THE DEPARTMENT OF THE ARMY REFUSED TO AUTHORIZE THE SHIPMENT OF MOTOR VEHICLES TO EMPLOYEES ABROAD WHO HAD LESS THAN ONE REMAINING YEAR TO SERVE UNDER AN EXISTING EMPLOYMENT AGREEMENT. THE ACTION DENYING YOUR TRANSPORTATION APPLICATION WAS TAKEN AFTER IT HAD BEEN ASCERTAINED THAT YOU WERE THEN SERVING ON A MONTH-TO-MONTH BASIS AND UNDER NO LEGAL OBLIGATION TO REMAIN AT THE OVERSEAS POST FOR ONE ADDITIONAL YEAR. THEREAFTER, YOU REQUESTED PAYMENT OF THE SUM OF $319, REPRESENTING THE COST STATED TO HAVE BEEN INCURRED IN TRANSPORTING YOUR AUTOMOBILE TO JAPAN. YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED JUNE 8, 1954, FOR THE REASONS THEREIN STATED.

IN YOUR LETTER REQUESTING A REVIEW OF THE SETTLEMENT YOU EXPRESS THE VIEW THAT YOU SHOULD BE PAID THE EXPENSES INCURRED SINCE THE DELAY IN ACTING UPON YOUR APPLICATION UNTIL AFTER SEPTEMBER 1, 1952, WAS THE FAULT OF THE GOVERNMENT.

BY SPECIAL REGULATIONS NO. 55-160-21, DATED AUGUST 23, EFFECTIVE SEPTEMBER 15, 1951, PROVISION WAS MADE WHEREBY ARMY CIVILIAN EMPLOYEES WHO WERE ORDERED TO MAKE A PERMANENT CHANGE OF STATION COULD HAVE THEIR PRIVATELY OWNED MOTOR VEHICLES TRANSPORTED TO, FROM, AND BETWEEN OVERSEAS LOCATIONS ON A SPACE-AVAILABLE BASIS. PORT CHARGES WERE COLLECTED FROM THE OWNERS AT THE TIME THE VEHICLES WERE ACCEPTED AT PORTS OF EMBARKATION. EFFECTIVE SEPTEMBER 1, 1952, THE REGULATIONS WERE AMENDED AND THE MILITARY SEA TRANSPORTATION SERVICE WAS REQUIRED TO COLLECT TRANSPORTATION CHARGES FROM ARMY CIVILIAN EMPLOYEES FOR ALL SHIPMENTS OF SPACE-AVAILABLE CARGO, INCLUDING PRIVATELY OWNED AUTOMOBILES, WHICH HAD NOT BEEN SPECIFICALLY AUTHORIZED PRIOR TO SEPTEMBER 1 AND RECEIVED AT PORTS OF EMBARKATION PRIOR TO SEPTEMBER 30, 1952.

IT IS TO BE OBSERVED THAT AS A RESULT OF THE ABOVE-CITED REGULATIONS,YOU AND OTHER SIMILAR EMPLOYEES WERE GRANTED APPROXIMATELY ONE YEAR IN WHICH TO HAVE PRIVATELY OWNED MOTOR VEHICLES TRANSPORTED TO DUTY STATIONS ABROAD ON A SPACE-AVAILABLE BASIS. ALSO, IT IS PARTICULARLY NOTED THAT YOUR TRANSPORTATION APPLICATION WAS DATED JUNE 20, 1952, OR MORE THAN NINE MONTHS AFTER FREE GOVERNMENT TRANSPORTATION WAS AUTHORIZED. THUS, CONTRARY TO YOUR CONTENTION, THE PRINCIPAL DELAY ..END :