B-153872, JUL. 24, 1964

B-153872: Jul 24, 1964

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04 058 367: FURTHER REFERENCE IS MADE TO YOUR LETTER RECEIVED HERE MARCH 26. YOU WERE RELIEVED FROM DUTY AT FORT HAMILTON. SINCE AT THE TIME OF THE ISSUANCE OF THOSE ORDERS KOREA WAS A RESTRICTED AREA. YOUR DEPENDENTS WERE AUTHORIZED TRAVEL. YOUR HOUSEHOLD EFFECTS WERE TRANSPORTED AT GOVERNMENT EXPENSE TO YOUR HOME OF RECORD. YOU WERE NOT AUTHORIZED TO SHIP YOUR PRIVATELY OWNED VEHICLE AT GOVERNMENT EXPENSE TO PUERTO RICO. WERE REVOKED AND YOU WERE DIRECTED TO REPORT TO HEADQUARTERS. YOU EXPRESSED THE BELIEF THAT THE EXPENDITURES RESULTED FROM A CHANGE OF ORDERS WHICH WAS FOR THE CONVENIENCE OF THE GOVERNMENT AND THAT IF SUCH CHANGE OF ORDERS WAS MADE AT AN EARLIER DATE THE EXPENDITURES WOULD NOT HAVE BEEN INCURRED.

B-153872, JUL. 24, 1964

TO CAPTAIN ROBERTO MONTALVO, 04 058 367:

FURTHER REFERENCE IS MADE TO YOUR LETTER RECEIVED HERE MARCH 26, 1964, WITH ENCLOSURES, REQUESTING REVIEW OF THE SETTLEMENT OF SEPTEMBER 24, 1963, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES IN THE AMOUNT OF $315.07, INCURRED IN CONNECTION WITH THE SHIPMENT OF YOUR PRIVATELY OWNED AUTOMOBILE FROM BROOKLYN, NEW YORK, TO VEGA BAJA, PUERTO RICO, AND RESHIPMENT TO BROOKLYN.

BY SPECIAL ORDERS NO. 248, HEADQUARTERS, DEPARTMENT OF THE ARMY, DATED OCTOBER 12, 1962, YOU WERE RELIEVED FROM DUTY AT FORT HAMILTON, NEW YORK, AND DIRECTED TO REPORT TO EUSAPERSCEN (5751) KOREA, ON MARCH 12, 1963. SINCE AT THE TIME OF THE ISSUANCE OF THOSE ORDERS KOREA WAS A RESTRICTED AREA, YOUR DEPENDENTS WERE AUTHORIZED TRAVEL, AND YOUR HOUSEHOLD EFFECTS WERE TRANSPORTED AT GOVERNMENT EXPENSE TO YOUR HOME OF RECORD, PUERTO RICO. YOU WERE NOT AUTHORIZED TO SHIP YOUR PRIVATELY OWNED VEHICLE AT GOVERNMENT EXPENSE TO PUERTO RICO, HOWEVER, AND PERSONALLY ARRANGED FOR THE SHIPMENT OF SUCH VEHICLE TO THAT PLACE BY A COMMERCIALLY OWNED AND OPERATED VESSEL AND PAID THE COSTS OF $184.25 FROM YOUR OWN FUNDS. SPECIAL ORDERS NO. 35, HEADQUARTERS, DEPARTMENT OF THE ARMY, DATED FEBRUARY 14, 1963, YOUR ORDERS OF OCTOBER 12, 1962, WERE REVOKED AND YOU WERE DIRECTED TO REPORT TO HEADQUARTERS, USATC INFANTRY (3171), FORT JACKSON, SOUTH CAROLINA, ON APRIL 22, 1963. ON THE BASIS OF THOSE ORDERS YOU CONTRACTED FOR THE RESHIPMENT OF YOUR PRIVATELY OWNED VEHICLE TO BROOKLYN BY COMMERCIAL VESSEL AND PAID THE COSTS OF $131.82.

IN THE PRESENTATION OF YOUR CLAIM TO THE SPECIAL CLAIMS DIVISION, FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, FOR REIMBURSEMENT OF THE INDICATED EXPENDITURES, YOU EXPRESSED THE BELIEF THAT THE EXPENDITURES RESULTED FROM A CHANGE OF ORDERS WHICH WAS FOR THE CONVENIENCE OF THE GOVERNMENT AND THAT IF SUCH CHANGE OF ORDERS WAS MADE AT AN EARLIER DATE THE EXPENDITURES WOULD NOT HAVE BEEN INCURRED. YOUR CLAIM WAS REFERRED TO THIS OFFICE FOR CONSIDERATION AND WAS DISALLOWED BY OUR SETTLEMENT DATED SEPTEMBER 24, 1963, FOR THE REASON THAT THE LAW AND REGULATIONS PROVIDING FOR THE SHIPMENT OF PRIVATELY OWNED VEHICLES AT GOVERNMENT EXPENSE DO NOT PROVIDE FOR REIMBURSEMENT TO A MEMBER WHO PERSONALLY ARRANGED FOR THE SHIPMENT OF HIS PRIVATELY OWNED VEHICLE BY COMMERCIAL MEANS.

THE SETTLEMENT ACTION IN YOUR CASE WAS REQUIRED BY THE CONTROLLING LAW AND REGULATIONS. PARAGRAPH 7005, JOINT TRAVEL REGULATIONS, PROVIDES THAT WHEN A MEMBER IS ORDERED ON A PERMANENT CHANGE OF STATION TO A PLACE WHERE HIS DEPENDENTS ARE NOT PERMITTED TO ACCOMPANY HIM, THEIR TRANSPORTATION IS AUTHORIZED AT GOVERNMENT EXPENSE TO CERTAIN SPECIFIED PLACES, INCLUDING PUERTO RICO, WHEN APPROVED BY THE SECRETARY OF THE ARMY OR HIS DESIGNATED REPRESENTATIVE. ALSO SHIPMENT OF THE MEMBER'S HOUSEHOLD GOODS TO SUCH LOCATION MAY BE MADE UNDER PARAGRAPH 8253, JOINT TRAVEL REGULATIONS, IF SIMILARLY APPROVED. PARAGRAPH 8000, JOINT TRAVEL REGULATIONS, HOWEVER, SPECIFICALLY EXCLUDES AUTOMOBILES FROM THE TERM "HOUSEHOLD GOODS.' THE STATUTORY AUTHORITY FOR OVERSEAS SHIPMENT OF PRIVATELY OWNED VEHICLES OF MEMBERS OF THE ARMY AT NO EXPENSE TO THEM, 10 U.S.C. 2634, EXPRESSLY LIMITS SUCH TRANSPORTATION TO THE MEMBER'S NEW DUTY STATION.

AS A BASIS FOR FAVORABLE CONSIDERATION OF YOUR CLAIM YOU CITE ARMY CIRCULAR NO. 35-1, DATED JANUARY 24, 1964, WHICH WAS ISSUED IN IMPLEMENTATION OF THE ACT OF DECEMBER 23, 1963, PUB.L. 88-238, 77 STAT. 475. SECTION 1 OF THAT ACT PROVIDES:

"THAT CHAPTER 7 OF TITLE 37, U.S.C. IS AMENDED AS FOLLOWS:

"/1) THE FOLLOWING NEW SECTION IS INSERTED AFTER SECTION 406:

" "SEC. 406A. TRAVEL AND TRANSPORTATION ALLOWANCES: AUTHORIZED FOR TRAVEL PERFORMED UNDER ORDERS THAT ARE CANCELED, REVOKED, OR MODIFIED

" "UNDER UNIFORM REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, A MEMBER OF A UNIFORMED SERVICE IS ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES UNDER SECTION 404 OF THIS TITLE, AND TO TRANSPORTATION OF HIS DEPENDENTS, BAGGAGE, AND HOUSEHOLD EFFECTS UNDER SECTIONS 406 AND 409 OF THIS TITLE, IF OTHERWISE QUALIFIED, FOR TRAVEL PERFORMED BEFORE THE EFFECTIVE DATE OF ORDERS THAT DIRECT HIM TO MAKE A CHANGE OF STATION AND THAT ARE LATER---

" "/1) CANCELED, REVOKED, OR MODIFIED TO DIRECT HIM TO RETURN TO THE STATION FROM WHICH HE WAS BEING TRANSFERRED; OR

" "/2) MODIFIED TO DIRECT HIM TO MAKE A DIFFERENT CHANGE OF STATION.'"

THE PURPOSE OF THE ACT OF DECEMBER 23, 1963, IS TO REIMBURSE A MEMBER FOR EXPENSES AS PROVIDED IN SECTIONS 404, 406 AND 409 OF TITLE 37 OF THE U.S.C. FOR TRAVEL PERFORMED BY HIMSELF AND THE TRANSPORTATION OF HIS DEPENDENTS, BAGGAGE, AND HOUSEHOLD EFFECTS WHEN IT IS SHOWN THAT SUCH EXPENSES WERE INCURRED PRIOR TO THE EFFECTIVE DATE OF THE ORDERS DIRECTING HIM TO MAKE A CHANGE OF STATION WHICH WERE LATER CANCELED, REVOKED, OR MODIFIED TO DIRECT HIM TO RETURN TO THE STATION FROM WHICH HE WAS TRANSFERRED, OR THE ORDERS WERE MODIFIED TO DIRECT HIM TO MAKE A DIFFERENT CHANGE OF STATION. THUS THE ENTITLEMENT OF THE MEMBER UNDER THAT ACT IS LIMITED TO TRAVEL AND TRANSPORTATION ALLOWANCES SPECIFIED IN SECTIONS 404, 406 AND 409 OF TITLE 37, UNITED STATES CODE. SINCE THE SHIPMENT OF A MEMBER'S PRIVATELY OWNED VEHICLE AT GOVERNMENT EXPENSE TO HIS NEW STATION IS NOT ONE OF THE "TRAVEL AND TRANSPORTATION ALLOWANCES" UNDER SECTIONS 404, 406 AND 409 OF TITLE 37 OF U.S.C. YOUR CASE DOES NOT FALL WITHIN THE PURVIEW OF THE ACT OF DECEMBER 23, 1963.

ACCORDINGLY THE SETTLEMENT DATED SEPTEMBER 24, 1963, MUST BE AND IS SUSTAINED. THE SETTLEMENT CERTIFICATE OF THAT DATE WHICH ACCOMPANIED YOUR LETTER IS RETURNED.