B-150769, MAY 16, 1963

B-150769: May 16, 1963

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USN: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 27. YOU WERE TO PROCEED. YOU WERE TO PROCEED TO PEARL HARBOR. YOU WERE TO PROCEED TO THE CONTINENTAL UNITED STATES. TO YOUR ORDERS IT IS SHOWN THAT YOU REPORTED SEPTEMBER 26. TO YOUR ORDERS IT IS SHOWN THAT YOU REPORTED THAT DATE FOR DUTY AS THE COMMANDING OFFICER OF THE U.S.S. WHICH WAS SHIPPED TO YOU ON SEPTEMBER 2. YOUR CLAIM IS FOR REIMBURSEMENT OF THE EXPENSES INVOLVED IN THE SHIPMENT BY THAT VESSEL. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT THERE WAS NO EVIDENCE ESTABLISHING THAT THE FURNITURE ACTUALLY BELONGED TO YOU PRIOR TO THE EFFECTIVE DATE OF YOUR CHANGE OF STATION ORDERS. OR THAT AN AMERICAN FLAG VESSEL WAS NOT AVAILABLE TO ACCOMPLISH THE SHIPMENT.

B-150769, MAY 16, 1963

TO COMMANDER EDMUND J. TREACY, USN:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JANUARY 27, 1963, REQUESTING RECONSIDERATION OF OUR SETTLEMENT DATED AUGUST 8, 1961, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE EXPENSES INCURRED IN SHIPPING NEW FURNITURE FROM COPENHAGEN, DENMARK, TO SAN DIEGO, CALIFORNIA, DURING THE PERIOD SEPTEMBER 2 TO OCTOBER 11, 1960.

BY ORDERS DATED MARCH 23, 1960, YOU WERE TO PROCEED, WHEN DETACHED FROM DUTY WITH THE JOINT UNITED STATES MILITARY ADVISORY GROUP, ATHENS, GREECE, TO THE CONTINENTAL UNITED STATES, AND THEN TO MARE ISLAND, CALIFORNIA, FOR ABOUT ONE WEEK OF TEMPORARY DUTY. UPON COMPLETION OF THIS DUTY AND WHEN DIRECTED, YOU WERE TO PROCEED TO PEARL HARBOR, HAWAII, FOR ABOUT THREE WEEKS OF TEMPORARY DUTY UNDER INSTRUCTION IN THE PROSPECTIVE SUBMARINE COMMANDING OFFICERS COURSE. UPON COMPLETION OF THIS DUTY AND WHEN DIRECTED, YOU WERE TO PROCEED TO THE CONTINENTAL UNITED STATES, AND THEN TO SAN DIEGO, CALIFORNIA, TO REPORT IMMEDIATELY FOR DUTY AS THE COMMANDING OFFICER OF THE U.S.S. CAPITAINE (SS-336). BY THIRD ENDORSEMENT DATED SEPTEMBER 29, 1960, TO YOUR ORDERS IT IS SHOWN THAT YOU REPORTED SEPTEMBER 26, 1960, FOR TEMPORARY DUTY AT THE MARE ISLAND NAVAL SHIPYARD, AND BY SIXTH ENDORSEMENT DATED OCTOBER 29, 1960, TO YOUR ORDERS IT IS SHOWN THAT YOU REPORTED THAT DATE FOR DUTY AS THE COMMANDING OFFICER OF THE U.S.S. CAPITAINE (SS 336). FURNITURE WHICH YOU HAD PURCHASED FROM HANS ELLEKAER FURNITURE, COPENHAGEN, DENMARK, AND WHICH WAS SHIPPED TO YOU ON SEPTEMBER 2, 1960, ON THE M. S. SARGODHA, A FOREIGN FLAG VESSEL, ARRIVED IN SAN DIEGO ON OCTOBER 11, 1960. YOUR CLAIM IS FOR REIMBURSEMENT OF THE EXPENSES INVOLVED IN THE SHIPMENT BY THAT VESSEL. BY OUR SETTLEMENT OF AUGUST 8, 1961, YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT THERE WAS NO EVIDENCE ESTABLISHING THAT THE FURNITURE ACTUALLY BELONGED TO YOU PRIOR TO THE EFFECTIVE DATE OF YOUR CHANGE OF STATION ORDERS, OR THAT AN AMERICAN FLAG VESSEL WAS NOT AVAILABLE TO ACCOMPLISH THE SHIPMENT. YOU SAY THAT YOU PURCHASED AND PERSONALLY TOOK POSSESSION OF THE FURNITURE IN MARCH, 1960, WHILE ON A BUSINESS TRIP IN THE COPENHAGEN AREA BUT DECIDED TO LEAVE THE FURNITURE IN STORAGE IN DENMARK AND HAVE IT SHIPPED DIRECTLY TO THIS COUNTRY, AND THAT A FOREIGN SHIP WAS USED BECAUSE TO THE BEST OF YOUR KNOWLEDGE NO UNITED STATES FLAG SHIP WAS AVAILABLE.

THE PERTINENT STATUTE, 37 U.S.C. 406, PROVIDES THAT UNDER SUCH CONDITIONS AND LIMITATIONS AS THE SECRETARIES MAY PRESCRIBE, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO TRANSPORTATION OF HOUSEHOLD EFFECTS IN CONNECTION WITH CHANGES OF STATION. PARAGRAPH 8000-2 (10) OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT HOUSEHOLD GOODS AUTHORIZED TO BE SHIPPED BY MEMBERS OF THE UNIFORMED SERVICES MAY NOT INCLUDE THOSE ARTICLES ACQUIRED AFTER THE EFFECTIVE DATE OF CHANGE OF-STATION ORDERS, EXCEPT IN CERTAIN CASES NOT HERE MATERIAL WHERE THE GOODS ARE SHIPPED OVERSEAS FROM THE UNITED STATES. PARAGRAPH 3003-1B2 OF THE REGULATIONS PROVIDES THAT THE EFFECTIVE DATE OF ORDERS WHEN THE ORDERS INVOLVE TEMPORARY DUTY AT ONE OR MORE PLACES EN ROUTE TO A PERMANENT DUTY STATION IS THE DATE OF RELIEF (DETACHMENT) FROM THE LAST TEMPORARY DUTY STATION PLUS LEAVE, DELAY, OR ADDITIONAL TRAVEL TIME ALLOWED. THEREFORE, ON THE BASIS THAT YOU PURCHASED THE FURNITURE WHILE YOU WERE OVERSEAS AND HAD IT SHIPPED TO SAN DIEGO ON SEPTEMBER 2, 1960, THE FURNITURE APPARENTLY WAS ACQUIRED BY YOU PRIOR TO THE EFFECTIVE DATE OF YOUR CHANGE-OF-STATION ORDERS.

HOWEVER, SECTION 901 OF THE MERCHANT MARINE ACT OF 1936, 49 STAT. 2015, AS AMENDED, 46 U.S.C. 1241 (A), PROVIDES AS FOLLOWS:

"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 REFOR.'

PARAGRAPH 2150 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT EXCEPT WHERE THE AUTHORITY ISSUING TRAVEL ORDERS DETERMINES THAT THE USE OF VESSELS OR AIRCRAFT REGISTERED UNDER THE LAWS OF THE UNITED STATES WOULD SERIOUSLY INTERFERE WITH OR PREVENT THE PERFORMANCE OF OFFICIAL BUSINESS, OR WHERE THE TRANSPORTATION OR OTHER APPROPRIATE OFFICER DETERMINES THAT SUCH CARRIERS ARE NOT AVAILABLE, VESSELS OR AIRCRAFT REGISTERED UNDER THE LAWS OF THE UNITED STATES WILL BE USED FOR ALL TRAVEL AND TRANSPORTATION OUTSIDE CONTINENTAL UNITED STATES. ALSO, THAT PARAGRAPH REQUIRES THAT IF ISSUING AUTHORITIES OR TRANSPORTATION OFFICERS AUTHORIZE THE USE OF VESSELS OR AIRCRAFT OF FOREIGN REGISTRY ON THE BASIS OF SUCH DETERMINATIONS, THEIR STATEMENT OF THIS DETERMINATION MUST BE FURNISHED IN SUPPORT OF A CLAIM FOR REIMBURSEMENT. NO SUCH DETERMINATION APPEARS TO HAVE BEEN MADE IN YOUR CASE. SINCE THE REGULATIONS SPECIFICALLY BAR REIMBURSEMENT FOR TRANSPORTATION EXPENSES INCURRED ON A VESSEL OF FOREIGN REGISTRY IN THE ABSENCE OF PROOF OF THE NECESSITY THEREFOR, THERE IS NO AUTHORITY TO ALLOW YOUR CLAIM.

ACCORDINGLY, WE HAVE NO ALTERNATIVE BUT TO SUSTAIN THE DISALLOWANCE OF YOUR CLAIM.