B-143027, JUN. 24, 1960

B-143027: Jun 24, 1960

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COMMANDER IN CHIEF PACIFIC: REFERENCE IS MADE TO YOUR LETTER OF MAY 6. YOU WERE DIRECTED TO PROCEED TO KOREA BY WAY OF HAWAII. YOUR DEPENDENTS WERE AUTHORIZED TO TRAVEL AT GOVERNMENT EXPENSE FROM CARLISLE BARRACKS. YOU APPEAR TO BELIEVE THAT YOU ARE ENTITLED TO REIMBURSEMENT FOR THE $206.90 PAID BY YOU FOR THE TRANSPORTATION OF YOUR PRIVATELY OWNED VEHICLE ON THE BASIS THAT SUCH SHIPMENT WAS ON A MILITARY SEA TRANSPORTATION SERVICE VESSEL AND NOT ON A COMMERCIAL VESSEL INCIDENT TO THE MOVEMENT OF YOUR DEPENDENTS TO HAWAII. INSOFAR AS TRANSPORTATION OF DEPENDENTS OF THE ARMED SERVICES IS CONCERNED. IS CONTAINED IN SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949. JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO SUCH STATUTORY AUTHORITY PROVIDE (PARAGRAPH 7005) THAT WHEN A MEMBER IS ORDERED ON A PERMANENT CHANGE OF STATION TO A PLACE WHERE HIS DEPENDENTS ARE NOT PERMITTED.

B-143027, JUN. 24, 1960

TO LIEUTENANT COLONEL THOMAS M. RIENZI, 024715, HEADQUARTERS, COMMANDER IN CHIEF PACIFIC:

REFERENCE IS MADE TO YOUR LETTER OF MAY 6, 1960, REQUESTING REVIEW OF THE SETTLEMENT DATED APRIL 15, 1960, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR CERTAIN COSTS IN CONNECTION WITH THE SHIPMENT OF YOUR PRIVATE AUTOMOBILE FROM FORT MASON, CALIFORNIA, TO HONOLULU, TERRITORY OF HAWAII, IN JULY 1958.

THE RECORD SHOWS THAT PURSUANT TO SPECIAL ORDER NO. 65, DATED MARCH 31, 1958, AS AMENDED ON JUNE 11, 1958, AND CONSOLIDATED IN SPECIAL ORDER NO. 184, DATED JULY 3, 1958, YOU WERE DIRECTED TO PROCEED TO KOREA BY WAY OF HAWAII. BY TRAVEL AUTHORIZATION NO. 328, DATED APRIL 18, 1958, YOUR DEPENDENTS WERE AUTHORIZED TO TRAVEL AT GOVERNMENT EXPENSE FROM CARLISLE BARRACKS, PENNSYLVANIA, TO HONOLULU, TERRITORY OF HAWAII, IT BEING NOTED ON THIS AUTHORIZATION THAT "/SPONSOR ASSIGNED KOREA--- TRAVEL OF DEPENDENTS NOT AUTHORIZED--- DESIRES MOVEMENT OF DEPENDENTS TO HONOLULU, .H.)" WITH REGARD TO THE SHIPMENT OF YOUR PRIVATELY OWNED VEHICLE AT GOVERNMENT EXPENSE, THIS TRAVEL AUTHORIZATION PROVIDED "SHIPMENT OF A PRIVATELY OWNED AUTOMOBILE ONLY ON A MSTS VESSEL ON SPACE AVAILABLE BASIS SUBJECT TO PAYMENT OF CHARGES IN ACCORDANCE WITH EXISTING MSTS TARIFF AND TERMINAL CHARGES.' YOU APPEAR TO BELIEVE THAT YOU ARE ENTITLED TO REIMBURSEMENT FOR THE $206.90 PAID BY YOU FOR THE TRANSPORTATION OF YOUR PRIVATELY OWNED VEHICLE ON THE BASIS THAT SUCH SHIPMENT WAS ON A MILITARY SEA TRANSPORTATION SERVICE VESSEL AND NOT ON A COMMERCIAL VESSEL INCIDENT TO THE MOVEMENT OF YOUR DEPENDENTS TO HAWAII.

THE STATUTORY AUTHORITY, INSOFAR AS TRANSPORTATION OF DEPENDENTS OF THE ARMED SERVICES IS CONCERNED, IS CONTAINED IN SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253, WHICH PROVIDES THAT TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON A MEMBER'S ORDERED CHANGE OF STATION SHALL BE UNDER SUCH CONDITIONS AND LIMITATIONS, AND TO AND FROM SUCH LOCATIONS AS THE SECRETARIES CONCERNED MAY PRESCRIBE. JOINT TRAVEL REGULATIONS ISSUED PURSUANT TO SUCH STATUTORY AUTHORITY PROVIDE (PARAGRAPH 7005) THAT WHEN A MEMBER IS ORDERED ON A PERMANENT CHANGE OF STATION TO A PLACE WHERE HIS DEPENDENTS ARE NOT PERMITTED, FOR MILITARY REASONS, TO ACCOMPANY HIM, AS APPARENTLY WAS THE CASE INVOLVED IN YOUR PERMANENT CHANGE OF STATION TO KOREA, THEIR TRANSPORTATION MAY BE AUTHORIZED AT GOVERNMENT EXPENSE TO A DESIGNATED PLACE, WHICH IN THE CASE OF YOUR DEPENDENTS WAS HONOLULU, TERRITORY OF HAWAII. THE STATUTORY AUTHORITY, 10 U.S.C. 4748, FOR TRANSOCEANIC SHIPMENT OF A MOTOR VEHICLE OWNED BY ARMY PERSONNEL AT NO EXPENSE TO THE OWNER INCIDENT TO AN ORDERED CHANGE OF PERMANENT STATION EXPRESSLY LIMITS SUCH TRANSPORTATION TO SHIPMENT TO THE MEMBER'S NEW DUTY STATION. HOWEVER, WITH REGARD TO THE SHIPMENT OF A PRIVATELY OWNED VEHICLE UNDER THE TRAVEL AUTHORIZATION DATED APRIL 18, 1958, PARAGRAPH 3D (2) OF ARMY REGULATION 55-76, WHICH WAS IN EFFECT IN JULY 1958, PROVIDES THAT:

"PRIVATELY OWNED VEHICLES MAY BE SHIPPED ON A SPACE AVAILABLE REIMBURSABLE BASIS FROM THE CONTINENTAL UNITED STATES TO A TERRITORY OR POSSESSION PROVIDING MOVEMENT OF THE DEPENDENT OF A MILITARY SPONSOR FROM THE CONTINENTAL UNITED STATES TO THE TERRITORY OR POSSESSION WAS MADE UNDER THE PROVISIONS OF JTR, PARAGRAPH 7005. * * *"

WITH FURTHER REFERENCE TO SPACE-AVAILABLE SHIPMENTS, SUCH AS INVOLVED IN YOUR TRAVEL AUTHORIZATION, PARAGRAPH 8B OF THE SAME REGULATION GOES ON TO PROVIDE THAT A PORT ACCESSORIAL CHARGE OF $29 AND AN OCEAN TRANSPORTATION CHARGE WILL BE ASSESSED AND COLLECTED FOR EACH PRIVATELY OWNED VEHICLE AUTHORIZED TO BE MOVED TO, FROM, OR BETWEEN OVERSEA AREAS ON A SPACE- AVAILABLE BASIS. THE TOTAL AMOUNT INVOLVED IN YOUR CLAIM--- $206.90--- IS STATED TO BE THE SUM OF $29 FOR TERMINAL CHARGES; $5.18 FOR TAX; AND $172.72 FOR OCEAN TRANSPORTATION CHARGES. UNDER THE ABOVE REGULATIONS AND UNDER TRAVEL AUTHORIZATION DATED APRIL 18, 1958, WHICH CLEARLY STATED THAT THE SHIPMENT OF YOUR PRIVATELY OWNED AUTOMOBILE WAS ON A SPACE-AVAILABLE BASIS SUBJECT TO PAYMENT OF CHARGES, THE AMOUNT OF $206.90 PAID BY YOU FOR THE TRANSOCEANIC SHIPMENT OF YOUR AUTOMOBILE WAS REQUIRED AND PROPER, NOTWITHSTANDING THAT SHIPMENT MAY HAVE BEEN MADE ON A MILITARY SEA TRANSPORTATION SERVICE VESSEL RATHER THAN ON A COMMERCIAL VESSEL.

FOR THE FOREGOING REASONS, THE SETTLEMENT OF APRIL 15, 1960, DISALLOWING YOUR CLAIM, IS SUSTAINED.