B-153786, MAY 27, 1964

B-153786, MAY 27, 1964

TO MR. DAVID C. SWEHLA:

THIS REFERS TO YOUR LETTER OF MARCH 12, 1964, WITH ENCLOSURES REQUESTING RECONSIDERATION OF OUR SETTLEMENT OF DECEMBER 27, 1963, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF SHIPPING YOUR AUTOMOBILE FROM SAN FRANCISCO, CALIFORNIA, TO MANILA, PHILIPPINES, AS AN EMPLOYEE OF THE DEPARTMENT OF THE NAVY.

SECTION 1 (F) OF THE ADMINISTRATIVE EXPENSES ACT OF 1946, AS ADDED BY SECTION 321 OF PUB.L. 86-707, 74 STAT. 797, PROVIDES IN PART THAT UNDER SUCH REGULATIONS AS THE PRESIDENT MAY PRESCRIBE, THE HEAD OF EACH DEPARTMENT MAY, UPON A DETERMINATION THAT IT IS IN THE INTEREST OF THE GOVERNMENT, AUTHORIZE TRANSPORTATION OF A PRIVATELY-OWNED VEHICLE OF EMPLOYEES OF SUCH DEPARTMENT ASSIGNED TO DUTY OUTSIDE THE CONTINENTAL UNITED STATES.

BUREAU OF THE BUDGET CIRCULAR NO. A-56, IN EFFECT AT THE TIME YOU SHIPPED YOUR CAR, PROVIDES THE CONDITIONS UNDER WHICH A PRIVATELY-OWNED VEHICLE MAY BE SHIPPED AT GOVERNMENT EXPENSE. SECTION 8.2B OF THE ABOVE-CITED CIRCULAR PROVIDES IN PART THAT ONE PRIVATELY-OWNED VEHICLE MAY BE TRANSPORTED AT GOVERNMENT EXPENSE WHERE THE HEAD OF THE AGENCY DETERMINES IN ADVANCE OF AUTHORIZATION THAT IT IS IN THE INTEREST OF THE GOVERNMENT FOR THE EMPLOYEE TO HAVE THE USE OF THE VEHICLE AT THE PERMANENT POST OF DUTY. YOU ACKNOWLEDGE THE FACT THAT YOUR TRAVEL ORDERS DID NOT AUTHORIZE THE SHIPMENT OF YOUR AUTOMOBILE BUT YOU SAY THAT YOU WERE ASSURED BY YOUR EMPLOYER AND THE INSTALLATION WHICH HIRED YOU THAT YOU WOULD BE REIMBURSED.

THE TRANSPORTATION OF A NAVY DEPARTMENT EMPLOYEE'S AUTOMOBILE OVERSEAS COMES WITHIN THE ADMINISTRATIVE JURISDICTION OF THE OVERSEAS COMMAND.

NAVY CIVILIAN PERSONNEL INSTRUCTIONS 4650.6-8.E. AND 4659.6-8.F., DATED MARCH 9, 1962, CONCERNING THE TRANSPORTATION OF PRIVATELY-OWNED MOTOR VEHICLES OF EMPLOYEES TO AND FROM THE EMPLOYEE'S PERMANENT POST OF DUTY LOCATED OUTSIDE THE CONTINENTAL UNITED STATES AND ALASKA PROVIDE IN PART AS FOLLOWS:

"E. AUTHORITY TO DETERMINE ELIGIBILITY AND TO AUTHORIZE SHIPMENT AND EMERGENCY STORAGE. COMMANDING OFFICERS OF ACTIVITIES LOCATED OUTSIDE THE CONTINENTAL UNITED STATES AND ALASKA ARE AUTHORIZED TO DETERMINE THE ELIGIBILITY OF EMPLOYEES FOR THE TRANSPORTATION OF A PRIVATELY-OWNED MOTOR VEHICLE TO AND FROM THE ACTIVITY AND THE EMERGENCY STORAGE OF A MOTOR VEHICLE IN ACCORDANCE WITH INSTRUCTIONS IN THIS PARAGRAPH.

"F. AUTHORIZATION IN TRAVEL ORDERS. THE AUTHORIZATION FOR THE TRANSPORTATION OF A PRIVATELY-OWNED MOTOR VEHICLE OF A CIVILIAN EMPLOYEE SHALL BE SHOWN IN THE EMPLOYEE'S TRAVEL ORDER OR OTHER APPROPRIATE DOCUMENT. THE DOCUMENT WILL ALSO INDICATE THE APPROPRIATION CHARGEABLE FOR THE TRANSPORTATION. WHERE THE RECRUITMENT OF THE EMPLOYEE IS PERFORMED BY A NAVY OVERSEAS EMPLOYMENT OFFICE AND THE EMPLOYEE REQUESTS TRANSPORTATION OF A PRIVATELY-OWNED MOTOR VEHICLE, THE OVERSEAS COMMAND WILL DETERMINE THE ELIGIBILITY OF THE EMPLOYEE FOR SUCH TRANSPORTATION AND COMMUNICATE THE AUTHORIZATION TO THE MANAGER OF THE NAVY OVERSEAS EMPLOYMENT OFFICE CONCERNED IN ORDER THAT THE AUTHORIZATION MAY BE PLACED IN THE TRAVEL ORDER. THE AUTHORIZATION MUST BE IN ADVANCE OF SHIPMENT AND A WRITTEN RECORD OF SUCH AUTHORIZATION WILL BE PLACED IN THE EMPLOYEE'S PERSONNEL FOLDER. * * *"

YOUR AUTOMOBILE WAS SHIPPED IN AUGUST 1962, AND SO FAR AS THE RECORD SHOWS THE NECESSARY DETERMINATION OF ELIGIBILITY HAD NOT BEEN MADE BY THE OVERSEAS COMMAND BY THAT DATE.

SINCE THE FUNCTION OF MAKING THE DETERMINATION OF ELIGIBILITY WAS VALIDLY DELEGATED TO THE OVERSEAS COMMANDER AND INVOLVED THE EXERCISE OF JUDGMENT AND DISCRETION, NO OTHER PERSON MAY SUBSTITUTE HIS DETERMINATION FOR THAT OF THE AUTHORIZED OFFICER.

THEREFORE, SINCE YOU HAD YOUR AUTOMOBILE TRANSPORTED WITHOUT A PRIOR DETERMINATION OF ELIGIBILITY BY THE PROPER AUTHORITY WE MUST ON THE PRESENT RECORD SUSTAIN OUR OFFICE SETTLEMENT.