B-147793, JAN. 16, 1962

B-147793: Jan 16, 1962

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THE RECORD SHOWS YOU WERE AUTHORIZED TO TRAVEL FROM GUAM TO SUBIC BAY BY TRAVEL ORDER NO. YOU SAY THAT YOU ARE ENTITLED UNDER YOUR ORIGINAL EMPLOYMENT AGREEMENT TO HAVE YOUR AUTOMOBILE SHIPPED TO THE CONTINENTAL UNITED STATES AT GOVERNMENT EXPENSE AND YOU EXPRESS THE VIEW THAT SINCE THE COST OF TRANSPORTING THE AUTOMOBILE TO YOUR NEW DUTY STATION AT SUBICBAY IS LESS THAN THE COST OF TRANSPORTING IT TO THE UNITED STATES YOU ARE ENTITLED TO BE REIMBURSED FOR BOTH THE TRANSPORTATION COSTS AND THE PORT HANDLING CHARGES. MSTS IS REQUIRED TO BILL THE SHIPPER FOR SERVICES RENDERED ON THE BASIS OF ESTABLISHED MSTS TARIFF RATES. WHICH ARE LIMITED TO ONE MOTOR VEHICLE FOR EACH EMPLOYEE. WHEN OVERSEAS DESTINATIONS ARE NOT SERVED BY MSTS CONTROLLED VESSELS.

B-147793, JAN. 16, 1962

TO MR. ANDRES L. ANGELES:

YOUR LETTER OF NOVEMBER 28, 1961, REQUESTS REVIEW OF OUR SETTLEMENT OF JUNE 6, 1961, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF TRANSPORTATION COSTS AND PORT HANDLING CHARGES FOR YOUR AUTOMOBILE UPON YOUR CHANGE OF DUTY STATION FROM GUAM, MARIANAS ISLANDS, TO SUBIC BAY, PHILIPPINES, AS AN EMPLOYEE OF THE DEPARTMENT OF THE NAVY.

THE RECORD SHOWS YOU WERE AUTHORIZED TO TRAVEL FROM GUAM TO SUBIC BAY BY TRAVEL ORDER NO. T102-093, DATED AUGUST 24, 1960, WHICH INCLUDED BOTH A TRAVEL AUTHORIZATION AND EMPLOYMENT AGREEMENT. THE ORDER INCLUDED TRAVEL FOR YOURSELF AND DEPENDENTS AND TRANSPORTATION OF HOUSEHOLD EFFECTS. YOU ALSO TRANSPORTED YOUR AUTOMOBILE TO SUBIC BAY BY VESSEL CONTROLLED BY THE MILITARY SEA TRANSPORTATION SERVICE. YOU NOW CLAIM REIMBURSEMENT FOR $161.70, REPRESENTING CHARGES FOR THE SHIPMENT OF THE VEHICLE AND $29 FOR PORT HANDLING CHARGES.

YOU SAY THAT YOU ARE ENTITLED UNDER YOUR ORIGINAL EMPLOYMENT AGREEMENT TO HAVE YOUR AUTOMOBILE SHIPPED TO THE CONTINENTAL UNITED STATES AT GOVERNMENT EXPENSE AND YOU EXPRESS THE VIEW THAT SINCE THE COST OF TRANSPORTING THE AUTOMOBILE TO YOUR NEW DUTY STATION AT SUBICBAY IS LESS THAN THE COST OF TRANSPORTING IT TO THE UNITED STATES YOU ARE ENTITLED TO BE REIMBURSED FOR BOTH THE TRANSPORTATION COSTS AND THE PORT HANDLING CHARGES.

UNDER THE "CHARTER FOR OPERATION OF MSTS UNDER NAVY INDUSTRIAL FUND," EFFECTIVE JULY 1, 1952, MSTS IS REQUIRED TO BILL THE SHIPPER FOR SERVICES RENDERED ON THE BASIS OF ESTABLISHED MSTS TARIFF RATES. BY DIRECTIVE OF THE ASSISTANT SECRETARY OF DEFENSE DATED JULY 22, 1952, THE DATE FOR BILLINGS UNDER THE APPROVED REGULATIONS AND TARIFF FOR PRIVATE AUTOMOBILES TRANSPORTED FOR CIVILIAN EMPLOYEES BECAME EFFECTIVE ON SEPTEMBER 1, 1952.

PARAGRAPH 58300-6 OF THE BUREAU OF SUPPLIES AND ACCOUNTS MANUAL IN EFFECT AT THE TIME OF YOUR TRAVEL FROM GUAM TO THE PHILIPPINES DOES NOT AUTHORIZE THE TRANSPORTATION OF PRIVATELY OWNED VEHICLES OF CIVILIAN EMPLOYEES OF THE DEPARTMENT OF DEFENSE AT GOVERNMENT EXPENSE ON MSTS VESSELS. RATHER, IT PROVIDES THAT UPON CHANGE OF DUTY STATION SUCH VEHICLES, WHICH ARE LIMITED TO ONE MOTOR VEHICLE FOR EACH EMPLOYEE, MAY BE TRANSPORTED IN MILITARY SEA TRANSPORTATION SERVICE CONTROLLED VESSELS TO, FROM, OR BETWEEN OVERSEAS AREAS SERVED BY VESSELS OF THAT SERVICE AT THE PREVAILING OCEAN TRANSPORTATION RATES OF THE MSTS PLUS A HANDLING CHARGE OF $29. HOWEVER, WHEN OVERSEAS DESTINATIONS ARE NOT SERVED BY MSTS CONTROLLED VESSELS, AVAILABLE SPACE MAY BE USED ON SERVICE FORCE VESSELS FOR VEHICLES OF CIVILIAN EMPLOYEES WITHOUT COST EXCEPT THAT THE HANDLING CHARGE WILL BE PAID BY THE OWNER. THE "SPACE AVAILABLE" ARRANGEMENT WAS NOT AT THE TIME OF YOUR ORIGINAL APPOINTMENT A RIGHT OF EMPLOYEES. IT WAS MERELY A PRIVILEGE. AUTOMOBILES WERE EXPRESSLY EXCLUDED FROM "HOUSEHOLD GOODS" AND "PERSONAL EFFECTS" BY EXECUTIVE ORDER NO. 9805, AS AMENDED. THEREFORE, YOU HAD NO "RIGHT" TO HAVE YOUR AUTOMOBILE TRANSPORTED TO THE UNITED STATES OR ELSEWHERE.

A REPORT FROM THE DEPARTMENT OF THE NAVY SHOWS THAT SHIPMENT OF YOUR AUTOMOBILE WAS MADE ON THE USNS GENERAL DANIEL I. SULTAN, A MILITARY SEA TRANSPORTATION SERVICE VESSEL. THE PORT OF GUAM WAS CALL AREA FOR MSTS CONTROLLED VESSELS. THEREFORE, A LEVY OF $161.70 FOR OCEAN TRANSPORTATION CHARGES WAS MADE AGAINST YOU BY THE ADMINISTRATIVE OFFICE BASED UPON THE MSTS TARIFF THEN IN EFFECT. ALSO A CHARGE OF $29 WAS MADE TO COVER THE PORT HANDLING CHARGE AS PRESCRIBED BY THE REGULATION.

IN VIEW OF THE ABOVE-STATED FACTS THERE IS NO AUTHORITY WHEREBY YOU MAY BE REIMBURSED FOR THE TRANSPORTATION OR PORT HANDLING CHARGE FOR YOUR AUTOMOBILE.

THEREFORE, THE DISALLOWANCE OF YOUR CLAIM WAS PROPER, AND, UPON REVIEW, THE SETTLEMENT IS SUSTAINED.