B-154429, JUN. 22, 1964

B-154429: Jun 22, 1964

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THE ORDERS BY WHICH THE CHANGE OF STATION WAS MADE DID NOT CONTAIN AN AUTHORIZATION FOR SHIPMENT OF AN AUTOMOBILE AT GOVERNMENT EXPENSE NOR DOES IT APPEAR THAT YOU MADE APPLICATION THEREFOR AT THE TIME. CITED THE GOVERNING STATUTE AND IMPLEMENTING REGULATIONS WHICH PROVIDE THAT A PRIVATELY-OWNED MOTOR 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 SAY YOU ARE AWARE OF THE AUTHORITIES CITED AND DO NOT CONTEST THEM BUT YOUR PURPOSE IN SENDING THE CLAIM HERE WAS TO HAVE IT ADJUDICATED ON A FAIR AND EQUITABLE BASIS AND REQUEST THAT THE MATTER "BE REEXAMINED AND EVALUATED IN THE LIGHT OF WHAT IS FAIR AND JUST AND NOT AS A CLAIM TO SET ASIDE THE PROVISIONS OF THE APPLICABLE STATUTE OR REGULATIONS.'.

B-154429, JUN. 22, 1964

TO MR. ARTHUR V. ROSS:

THIS REFERS TO YOUR LETTER OF JUNE 2, 1964, REQUESTING REVIEW OF SETTLEMENT OF MAY 28, 1964, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF $184.76, REPRESENTING TRANSPORTATION CHARGES FOR YOUR AUTOMOBILE FROM SAN FRANCISCO, CALIFORNIA, TO HONOLULU, HAWAII, INCIDENT TO YOUR SERVICE WITH THE DEPARTMENT OF THE ARMY.

IT APPEARS THAT IN DECEMBER 1961 WHILE EMPLOYED WITH THE DEPARTMENT OF THE ARMY IN KOREA YOU RECEIVED AN ORDER AUTHORIZING A PERMANENT CHANGE OF STATION TO HONOLULU. AT THAT TIME YOU HAD YOUR AUTOMOBILE SHIPPED AT YOUR OWN EXPENSE FROM STORAGE IN SAN FRANCISCO TO HONOLULU AT A COST OF $184.76. THE ORDERS BY WHICH THE CHANGE OF STATION WAS MADE DID NOT CONTAIN AN AUTHORIZATION FOR SHIPMENT OF AN AUTOMOBILE AT GOVERNMENT EXPENSE NOR DOES IT APPEAR THAT YOU MADE APPLICATION THEREFOR AT THE TIME.

THE SETTLEMENT OF MAY 28, 1964, CITED THE GOVERNING STATUTE AND IMPLEMENTING REGULATIONS WHICH PROVIDE THAT A PRIVATELY-OWNED MOTOR 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. THE REGULATIONS OF THE DEPARTMENT OF THE ARMY SPECIFICALLY STATE THAT SINCE SUCH DETERMINATION MUST BE MADE IN ADVANCE OF SHIPMENT, RETROACTIVE APPROVAL MAY NOT BE GIVEN THEREFOR.

YOU SAY YOU ARE AWARE OF THE AUTHORITIES CITED AND DO NOT CONTEST THEM BUT YOUR PURPOSE IN SENDING THE CLAIM HERE WAS TO HAVE IT ADJUDICATED ON A FAIR AND EQUITABLE BASIS AND REQUEST THAT THE MATTER "BE REEXAMINED AND EVALUATED IN THE LIGHT OF WHAT IS FAIR AND JUST AND NOT AS A CLAIM TO SET ASIDE THE PROVISIONS OF THE APPLICABLE STATUTE OR REGULATIONS.'

THE EXPENDITURE OF GOVERNMENT FUNDS IS GOVERNED BY THE LAWS AND IMPLEMENTING REGULATIONS WHICH HAVE THE FORCE AND EFFECT OF LAWS. SUCH LAWS AND REGULATIONS ARE BINDING ON US AND WE KNOW OF NO AUTHORITY UNDER WHICH WE MAY AUTHORIZE A PAYMENT WHICH, AS IN THIS CASE, CLEARLY IS IN CONTRAVENTION THEREOF.

THE STATEMENT IN THE SETTLEMENT THAT YOU SHIPPED THE CAR WITHOUT AUTHORIZATION AND DETERMINATION OF ELIGIBILITY HAD REFERENCE ONLY TO SHIPMENT AT GOVERNMENT EXPENSE. YOUR RIGHT TO SHIPMENT AT YOUR OWN EXPENSE IS NOT INVOLVED HERE AND IS NOT QUESTIONED BY US. ..END :