B-151595, JUN. 11, 1963
Highlights
IT APPEARS THAT AS THE RESULT OF AN ADMINISTRATIVE MISUNDERSTANDING YOU WERE NOT AUTHORIZED TO SHIP YOUR AUTOMOBILE OVERSEAS. ALTHOUGH YOU OTHERWISE MAY HAVE BEEN ELIGIBLE FOR SUCH SHIPMENT AT GOVERNMENT EXPENSE. SUCH BENEFIT IS CONDITIONAL UPON COMPLIANCE WITH ADMINISTRATIVE REGULATIONS. MODE OF SHIPMENT WILL BE DETERMINED BY THE TRANSPORTATION OFFICER EFFECTING THE SHIPMENT. THE PROCEDURES FOR SHIPMENT PRESCRIBED IN AR 55- 76 WILL OBTAIN.'. PARAGRAPH 13 OF AR 55-76 PROVIDES AS FOLLOWS: "A SPONSOR (MILITARY OR CIVILIAN) IS NOT AUTHORIZED REIMBURSEMENT FOR THE COST OF SHIPMENT OF PRIVATELY OWNED VEHICLES BY COMMERCIAL MEANS WHEN HE PERSONALLY ARRANGES FOR SUCH SERVICE.'. WAS NOT SPECIFICALLY AUTHORIZED IT IS APPARENT FROM PARAGRAPH 13.
B-151595, JUN. 11, 1963
TO MR. ROBERT C. TAYLOR, COMPTROLLER DIVISION, HEADQUARTERS, U.S. ARMY COMMUNICATIONS ZONE, EUROPE:
YOUR LETTER OF MAY 10, 1963, REQUESTS RECONSIDERATION OF OUR SETTLEMENT OF FEBRUARY 5, 1963, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF $322.48 EXPENDED FOR SHIPMENT OF YOUR PRIVATELY-OWNED AUTOMOBILE BY COMMERCIAL MEANS FROM CONTINENTAL UNITED STATES TO FRANCE ON NOVEMBER 7, 1961, INCIDENT TO YOUR TRANSFER AS AN EMPLOYEE OF THE DEPARTMENT OF THE ARMY.
IT APPEARS THAT AS THE RESULT OF AN ADMINISTRATIVE MISUNDERSTANDING YOU WERE NOT AUTHORIZED TO SHIP YOUR AUTOMOBILE OVERSEAS, ALTHOUGH YOU OTHERWISE MAY HAVE BEEN ELIGIBLE FOR SUCH SHIPMENT AT GOVERNMENT EXPENSE. AS A CONSEQUENCE YOU PERSONALLY ARRANGED FOR THE SHIPMENT TO BE ACCOMPLISHED BY COMMERCIAL MEANS.
WHILE SECTION 1 OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, AS AMENDED, 5 U.S.C. 73B-1, PERMITS THE TRANSPORTATION OF PRIVATELY-OWNED MOTOR VEHICLES OF TRANSFERRED EMPLOYEES TO THEIR OVERSEAS POSTS, SUCH BENEFIT IS CONDITIONAL UPON COMPLIANCE WITH ADMINISTRATIVE REGULATIONS. CPR T3.5-12F PROVIDES AS FOLLOWS:
"SHIPMENT OF PRIVATELY-OWNED MOTOR VEHICLES AT GOVERNMENT EXPENSE MAY BE AUTHORIZED BY COMMERCIAL MEANS IF AVAILABLE AT REASONABLE RATES AND UNDER REASONABLE CONDITIONS, OR BY GOVERNMENT VESSEL ON A SPACE REQUIRED BASIS. MODE OF SHIPMENT WILL BE DETERMINED BY THE TRANSPORTATION OFFICER EFFECTING THE SHIPMENT. THE PROCEDURES FOR SHIPMENT PRESCRIBED IN AR 55- 76 WILL OBTAIN.'
PARAGRAPH 13 OF AR 55-76 PROVIDES AS FOLLOWS:
"A SPONSOR (MILITARY OR CIVILIAN) IS NOT AUTHORIZED REIMBURSEMENT FOR THE COST OF SHIPMENT OF PRIVATELY OWNED VEHICLES BY COMMERCIAL MEANS WHEN HE PERSONALLY ARRANGES FOR SUCH SERVICE.'
THUS, ASIDE FROM THE FACT THAT THE SHIPMENT OF YOUR PRIVATELY-OWNED MOTOR VEHICLE AT GOVERNMENT EXPENSE, WAS NOT SPECIFICALLY AUTHORIZED IT IS APPARENT FROM PARAGRAPH 13, ABOVE, THAT ALL TRANSOCEANIC SHIPMENTS OF SUCH VEHICLES ARE TO BE ARRANGED BY THE MILITARY SEA TRANSPORTATION SERVICE AND NOT THE OWNERS OF THE VEHICLES. WE MAY NOT SET ASIDE OTHERWISE PROPER REGULATIONS OF THE DEPARTMENT OF THE ARMY AND IN THE ABSENCE OF APPROVAL OF YOUR CLAIM BY A COMPETENT OFFICIAL OF THE DEPARTMENT, PAYMENT THEREOF MAY NOT BE ALLOWED.
THEREFORE, ON THE PRESENT RECORD THE SETTLEMENT OF FEBRUARY 5, 1963, MUST BE SUSTAINED.