B-134149, DEC. 16, 1957

B-134149: Dec 16, 1957

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YOU WERE TRANSFERRED FROM SAN JUAN. YOUR CLAIM FOR REFUND OF THIS AMOUNT WAS DISALLOWED FOR THE REASON THAT GOVERNMENT TRANSPORTATION WAS AVAILABLE FOR THE SHIPMENT OF YOUR AUTOMOBILE. ARE CONTAINED IN THE COAST GUARD TRAVEL MANUAL. WHENEVER THE APPROPRIATE MSTS CARGO MASTER DETERMINES THAT CARGO SPACE IS NOT AVAILABLE OR WHENEVER SHIPMENT IS MADE FROM OR TO AN AREA NOT SERVICED BY MSTS. THE MEMBERS WILL BE ADVISED BY THE SHIPPING OFFICER AS TO THE PARTICULAR VESSEL. THE QUOTED REGULATIONS PROVIDE FOR TRANSOCEAN SHIPMENT AT GOVERNMENT EXPENSE OF PRIVATELY OWNED VEHICLES VIA AMERICAN COMMERCIAL VESSELS FROM AN AREA SERVICED BY MSTS ONLY IN THE EVENT THE APPROPRIATE CARGO MASTER HAS DETERMINED THAT THE CARGO SPACE IS NOT AVAILABLE ON A GOVERNMENT OWNED VESSEL.

B-134149, DEC. 16, 1957

TO LIEUTENANT TOIVO R. JUNTUNEN:

YOUR LETTER DATED OCTOBER 4, 1957, REQUESTS REVIEW OF OUR SETTLEMENT DATED SEPTEMBER 6, 1957, WHICH DISALLOWED YOUR CLAIM FOR $117.78, REPRESENTING EXPENSES INCURRED BY YOU IN THE SHIPMENT OF YOUR AUTOMOBILE FROM SAN JUAN, PUERTO RICO, TO MIAMI, FLORIDA.

BY ORDERS DATED MARCH 7, 1957, YOU WERE TRANSFERRED FROM SAN JUAN, PUERTO RICO, TO ST. LOUIS, MISSOURI, AND DIRECTED TO REPORT NOT LATER THAN JUNE 25, 1957. ON MAY 1, 1957, YOU SHIPPED YOUR AUTOMOBILE FROM SAN JUAN TO MIAMI, FLORIDA, BY COMMERCIAL VESSEL AT A COST TO YOU OF $117.78. YOUR CLAIM FOR REFUND OF THIS AMOUNT WAS DISALLOWED FOR THE REASON THAT GOVERNMENT TRANSPORTATION WAS AVAILABLE FOR THE SHIPMENT OF YOUR AUTOMOBILE.

REGULATIONS IMPLEMENTING THE PROVISIONS OF SECTION 30, ACT OF AUGUST 2, 1946, 60 STAT. 857, 34 U.S.C. 898 AND THE ACT OF MAY 28, 1956, 70 STAT. 187, 46 U.S.C. 1241 (C), RELATING TO THE TRANSPORTATION OF PRIVATELY OWNED VEHICLES FOR COAST GUARD PERSONNEL, ARE CONTAINED IN THE COAST GUARD TRAVEL MANUAL. PARAGRAPHS B08EGI-1 AND B08E07-1 OF SUCH REGULATIONS PROVIDE AS FOLLOWS:

"1. FOR MEMBERS WHEN TRANSFERRED TO, FROM, OR BETWEEN OVERSEAS AREAS

"A. VIA GOVERNMENT OWNED VESSELS. TRANSPORTATION OF PRIVATELY OWNED MOTOR VEHICLES OF MEMBERS ORDERED TO MAKE A PCS TO, FROM, OR BETWEEN OVERSEAS AREAS MAY BE AUTHORIZED TO THE NEW STATION ON GOVERNMENT OWNED VESSELS, FREE OF LOADING AND OCEAN TRANSPORTATION CHARGES.

"B. VIA PRIVATE AMERICAN SHIPPING SERVICES. PUBLIC LAW 538, 84TH CONGRESS, APPROVED 28 MAY 1956, PERMITS UTILIZATION OF PRIVATE AMERICAN SHIPPING SERVICES FOR TRANSPORTATION OF PRIVATELY OWNED MOTOR VEHICLES AT GOVERNMENT EXPENSE, UNDER CERTAIN CIRCUMSTANCES. SEE PARA B-08E07.

"B08E07 SHIPMENT VIA PRIVATE AMERICAN SHIPPED SERVICES

"1. ENTITLEMENT. WHENEVER THE APPROPRIATE MSTS CARGO MASTER DETERMINES THAT CARGO SPACE IS NOT AVAILABLE OR WHENEVER SHIPMENT IS MADE FROM OR TO AN AREA NOT SERVICED BY MSTS, THE VEHICLE MAY BE CONSIGNED TO A COMMERCIAL U.S. FLAG VESSEL. THE MEMBERS WILL BE ADVISED BY THE SHIPPING OFFICER AS TO THE PARTICULAR VESSEL, PORT OF EMBARKATION, AND SAILING DATE.

THE QUOTED REGULATIONS PROVIDE FOR TRANSOCEAN SHIPMENT AT GOVERNMENT EXPENSE OF PRIVATELY OWNED VEHICLES VIA AMERICAN COMMERCIAL VESSELS FROM AN AREA SERVICED BY MSTS ONLY IN THE EVENT THE APPROPRIATE CARGO MASTER HAS DETERMINED THAT THE CARGO SPACE IS NOT AVAILABLE ON A GOVERNMENT OWNED VESSEL. NO SUCH DETERMINATION HAS BEEN MADE IN YOUR CASE. ON THE CONTRARY, THE RECORD SHOWS THAT YOU WERE VERBALLY ADVISED THAT MSTS TRANSPORTATION WAS AVAILABLE FOR SHIPMENT OF YOUR AUTOMOBILE TO THE UNITED STATES AND THAT NO REQUEST FOR SUCH SHIPMENT WAS RECEIVED FROM YOU. THE CIRCUMSTANCES AND SINCE THE REGULATIONS CONTAIN NO AUTHORITY FOR REIMBURSING OWNERS WHO EFFECT SHIPMENT OF THEIR VEHICLES ON THEIR OWN RESPONSIBILITY, THERE IS NO LEGAL BASIS UPON WHICH YOU MAY BE REIMBURSED FOR ANY OF THE CHARGES INCURRED BY YOU IN TRANSPORTING YOUR AUTOMOBILE FROM SAN JUAN TO MIAMI. THE PERSONAL CONSIDERATIONS WHICH INDUCED YOU TO SHIP YOUR AUTOMOBILE IN A MANNER NOT CONTEMPLATED BY THE REGULATIONS, HAVE NO BEARING IN DETERMINING YOUR RIGHTS IN THE PREMISES.