B-151254, JUN. 14, 1963

B-151254, JUN. 14, 1963

TO COMMANDER JAMES J. MCDONALD, USN (RET):

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 30, 1963, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF JANUARY 30, 1962, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF SHIPPING YOUR PRIVATELY OWNED AUTOMOBILE FROM BORDEAUX, FRANCE, TO LEOPOLDVILLE, REPUBLIC OF THE CONGO, INCIDENT TO ORDERS DATED APRIL 11, 1961.

BY ORDERS DATED APRIL 11, 1961, YOU WERE TRANSFERRED FROM PARIS, FRANCE, TO LEOPOLDVILLE, REPUBLIC OF THE CONGO, AS A PERMANENT CHANGE OF STATION WITH TEMPORARY DUTY EN ROUTE AT WASHINGTON, D.C., AND NORFOLK, VIRGINIA. SHIPMENT OF YOUR PRIVATELY OWNED VEHICLE TO YOUR NEW STATION WAS AUTHORIZED BY YOUR ORDERS. UPON ARRANGEMENTS MADE BY YOU, YOUR PRIVATELY OWNED AUTOMOBILE WAS SHIPPED AS ACCOMPANIED BAGGAGE ABOARD A FRENCH COMMERCIAL VESSEL FROM BORDEAUX, FRANCE, TO POINTE NOIRE, REPUBLIC OF THE CONGO, AND THENCE BY RAIL AND FERRY TO LEOPOLDVILLE, AT PERSONAL EXPENSE OF $212.24. YOUR CLAIM FOR REIMBURSEMENT WAS DISALLOWED BY THE SETTLEMENT FOR THE REASONS STATED THEREIN. IN YOUR PRESENT LETTER YOU STATE THAT WHEN YOU RECEIVED THE CHANGE OF STATION ORDERS YOU REQUESTED INFORMATION FROM SEVERAL OFFICIALS IN THE U.S. EMBASSY IN PARIS AND THE U.S. ARMY IN FRANCE AS TO HOW YOUR PRIVATELY OWNED VEHICLE COULD BE SHIPPED TO YOUR NEW STATION AND WERE UNABLE TO OBTAIN SUCH INFORMATION. YOU SAY THERE IS NO AMERICAN SHIP, MERCHANT OR MILITARY, WHICH SAILS FROM FRANCE TO THE REPUBLIC OF THE CONGO, HENCE IT WAS NOT FEASIBLE TO SHIP THE VEHICLE IN AN AMERICAN SHIP, AND THAT IT WOULD HAVE BEEN MORE COSTLY TO THE GOVERNMENT TO HAVE YOUR AUTOMOBILE RETURNED TO THE UNITED STATES AND THEN SHIPPED TO AFRICA. SINCE YOU ACTED IN GOOD FAITH IN SHIPPING THE CAR AND EXHAUSTED ALL THE POSSIBILITIES YOU KNEW OF FOR HAVING IT SHIPPED BY THE GOVERNMENT, YOU BELIEVE YOUR CLAIM SHOULD BE ALLOWED.

TRANSPORTATION OF AUTOMOBILES AT GOVERNMENT EXPENSE, EXCEPT BY GOVERNMENT -OWNED VESSELS UNDER CIRCUMSTANCES SPECIFICALLY AUTHORIZED BY STATUTE, WAS EXPRESSLY PROHIBITED BY SECTION 209 OF THE ACT OF JUNE 30, 1932, AS AMENDED, 5 U.S.C. 73C. SEE PARAGRAPH 8000, JOINT TRAVEL REGULATIONS. CONSEQUENTLY, FOR MANY YEARS THE TRANSPORTATION OF PRIVATELY OWNED VEHICLES OF MEMBERS OF THE UNIFORMED SERVICES WAS LIMITED TO TRANSOCEANIC TRANSPORTATION WHICH COULD BE FURNISHED ON GOVERNMENT VESSELS. THAT AUTHORITY WAS ENLARGED BY THE ACT OF MAY 28, 1956, 70 STAT. 187, TO PROVIDE THAT PRIVATELY OWNED AMERICAN SHIPPING SERVICES MAY BE UTILIZED FOR THE TRANSPORTATION OF MOTOR VEHICLES OWNED BY GOVERNMENT PERSONNEL WHENEVER TRANSPORTATION OF SUCH VEHICLES AT GOVERNMENT EXPENSE IS OTHERWISE AUTHORIZED BY LAW. IN CONFORMITY THEREWITH, PARAGRAPH 58300 OF THE BUREAU OF SUPPLIES AND ACCOUNTS MANUAL PROVIDES FOR THE TRANSPORTATION ON GOVERNMENT-OWNED VESSELS OR ON PRIVATELY OWNED UNITED STATES FLAG COMMERCIAL VESSELS OF ONE PRIVATELY OWNED MOTOR VEHICLE OF A MEMBER OF THE NAVY ORDERED TO MAKE A PERMANENT CHANGE OF STATION TO, FROM OR BETWEEN OVERSEAS AREAS. PARAGRAPH 58303 OF THE MANUAL CONTEMPLATES THE SUBMISSION TO A TRANSPORTATION OFFICER OF AN APPLICATION FOR SHIPMENT OF PRIVATELY OWNED MOTOR VEHICLES AND PROVIDES THAT IN NO CIRCUMSTANCES WILL THE OWNER SUBMIT AN APPLICATION DIRECTLY TO A STEAMSHIP COMPANY. THUS, UPON PROPER APPLICATION, SHIPMENT OF PRIVATELY OWNED VEHICLES BETWEEN OVERSEAS AREAS IS AUTHORIZED TO BE MADE BY THE PROPER GOVERNMENT OFFICIAL ON GOVERNMENT- OWNED VESSELS OR ON PRIVATELY OWNED UNITED STATES FLAG COMMERCIAL VESSELS. HOWEVER, THE LAW AND REGULATIONS DO NOT AUTHORIZE SHIPMENT IN ANY EVENT ON A FOREIGN FLAG VESSEL AND THERE IS NO PROVISION FOR REIMBURSEMENT WHERE A MEMBER SHIPS HIS PRIVATELY OWNED VEHICLE AT HIS OWN EXPENSE.

SINCE THERE IS NOT AUTHORITY FOR REIMBURSEMENT OF THE COSTS INCURRED BY YOU IN SHIPPING YOUR PRIVATELY OWNED VEHICLE FROM BORDEAUX, FRANCE, TO LEOPOLDVILLE, REPUBLIC OF THE CONGO, THE SETTLEMENT OF JANUARY 30, 1962, IS SUSTAINED.