B-157666, OCT. 13, 1965

B-157666, OCT. 13, 1965

TO CAPTAIN WILLIAM M. WOODWARD, USAF:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 6, 1965, IN EFFECT REQUESTING RECONSIDERATION OF OUR SETTLEMENT DATED JULY 1, 1965, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES INCURRED IN SECURING ENTRY OF A PRIVATELY OWNED VEHICLE INTO AUSTRALIA UNDER ORDERS DATED MAY 10, 1962.

BY PARAGRAPH 1, SPECIAL ORDER AB-176, HEADQUARTERS, 1020TH USAF SPECIAL ACTIVITIES WING, FORT MYER, ARLINGTON, VIRGINIA, DATED MAY 10, 1962, YOU WERE ASSIGNED ON PERMANENT CHANGE OF STATION TO DUTY WITH DETACHMENT 426 AT PERTH, AUSTRALIA, WITH VARIOUS TEMPORARY DUTY ASSIGNMENTS EN ROUTE. SHIPMENT OF A PRIVATELY OWNED CAR TO THE NEW DUTY STATION WAS AUTHORIZED. A COPY OF A GOVERNMENT BILL OF LADING DATED AUGUST 27, 1962, SHOWS SHIPMENT OF YOUR PRIVATELY OWNED VEHICLE WAS MADE FROM BROOKLYN, NEW YORK, TO PERTH, AUSTRALIA, VIA MELBOURNE, AUSTRALIA. THERE WERE ALSO SUBMITTED COPIES OF BILLS FROM SOMES WARWICK PTY, LTD., AND FROM THE ROYAL AUTOMOBILE CLUB OF W.A., INC., BOTH OF PERTH, TOTALING 28 POUNDS, 12 SHILLINGS, OR $64.38, COVERING PORT HANDLING CHARGES, INCLUDING FUMIGATION, AGENCY AND CLEARANCE CHARGES, SECURITY BOND, AND LEFT HAND DRIVE SIGN, WHICH WERE PAID BY YOU.

YOUR CLAIM WAS SUPPORTED BY A COPY OF U.S. NAVAL ATTACHE EXECUTIVE AGENT NOTICE 4610, DATED AUGUST 24, 1964, WHICH STATED THAT CERTAIN CHARGES INVOLVED IN PROCESSING PRIVATELY OWNED AUTOMOBILES IN AUSTRALIAN PORTS MAY BE REIMBURSABLE AND THAT CLAIMS FOR CHARGES PREVIOUSLY PAID BY NAVY PERSONNEL FOR VARIOUS PORT CHARGES WILL BE ACCEPTED BY THE BUREAU OF SUPPLIES AND ACCOUNTS, DEPARTMENT OF THE NAVY. ALSO, THE NOTICE SUGGESTED THAT ARMY AND AIR FORCE PERSONNEL REQUEST APPROVAL OF SIMILAR CHARGES THROUGH THEIR RESPECTIVE SERVICES. HOWEVER, BY SETTLEMENT DATED JULY 1, 1965, YOUR CLAIM WAS DISALLOWED FOR THE REASONS STATED THEREIN. IN YOUR LETTER OF SEPTEMBER 6, 1965, YOU STATE THAT CERTAIN CHARGES WERE REQUIRED BY THE AUSTRALIAN GOVERNMENT AND THAT IT WAS ALSO NECESSARY TO UTILIZE CERTAIN LOCAL AGENTS IN ORDER TO SECURE THE ENTRY OF YOUR AUTOMOBILE INTO THAT COUNTRY.

UNDER THE PROVISIONS OF 10 U.S.C. 9748 (1958 ED.) AND SECTION 901 OF THE MERCHANT MARINE ACT OF 1936, AS AMENDED BY THE ACT OF MAY 28, 1956, 70 STAT. 187, WHEN A MEMBER OF THE AIR FORCE IS ORDERED TO MAKE A PERMANENT CHANGE OF STATION, ONE MOTOR VEHICLE OWNED BY HIM AND FOR HIS PERSONAL USE, MAY BE TRANSPORTED TO HIS NEW STATION ON A VESSEL OWNED BY THE UNITED STATES OR BY PRIVATELY OWNED AMERICAN SHIPPING SERVICES. EFFECTIVE SEPTEMBER 7, 1962, THOSE STATUTORY PROVISIONS WERE INCORPORATED IN 10 U.S.C. 2634. APPLICABLE IMPLEMENTING REGULATIONS FOR AIR FORCE PERSONNEL ARE CONTAINED IN AIR FORCE MANUAL 75-4 DATED JUNE 20 AND NOVEMBER 20, 1961, WHICH PROVIDE IN PARAGRAPH 5804, WITH CERTAIN EXCEPTIONS NOT PERTINENT HERE, THAT SHIPMENT OF PRIVATELY OWNED VEHICLES AT GOVERNMENT EXPENSE IS LIMITED TO SHIPMENTS INVOLVING OVERWATER MOVEMENTS TO, FROM, AND/OR BETWEEN MILITARY TERMINALS SERVING OVERSEA DUTY STATIONS INCIDENT TO PERMANENT CHANGE OF STATION ORDERS OR DEPENDENT TRAVEL AUTHORIZATIONS. THE REGULATIONS REQUIRE THAT PRIVATELY OWNED VEHICLES BE DELIVERED TO THE LOADING MILITARY PORT FOR SHIPMENT TO THE OVERSEAS AREA AND PROVIDE SPECIFICALLY THAT REIMBURSEMENT FOR SHIPMENT OF A PRIVATELY OWNED VEHICLE AT PERSONAL EXPENSE IS NOT AUTHORIZED. EFFECTIVE MARCH 1, 1964, CHAPTER 11,"TRANSPORTATION OF PRIVATELY OWNED MOTOR VEHICLES," WAS ADDED TO THE JOINT TRAVEL REGULATIONS. PARAGRAPH M11000-2 OF THOSE REGULATIONS DEFINES THE TERM "SHIPMENT" AS SHIPMENT BY VESSELS, INCLUDING PORT HANDLING CHARGES, TO, FROM AND BETWEEN OVERSEAS PORTS AND STATES THAT CUSTOMS AND OTHER FEES AND CHARGES REQUIRED TO EFFECT ENTRY OF A VEHICLE INTO A COUNTRY ARE NOT PART OF THE SHIPMENT AND SUCH COSTS WILL BE BORNE BY THE MEMBERS.

WHILE THE APPLICABLE PROVISIONS OF THE STATUTE AND REGULATIONS PROVIDE FOR THE TRANSOCEANIC SHIPMENT OF AUTOMOBILES OWNED BY MEMBERS OF AN ARMED FORCE ORDERED TO DUTY OVERSEAS, WHEN THE MEMBER IS OTHERWISE ENTITLED TO SHIPMENT, ON GOVERNMENT OWNED VESSELS OR ON COMMERCIAL AMERICAN VESSELS, THERE IS NO PROVISION IN THE STATUTE OR REGULATIONS FOR REIMBURSING OWNERS FOR EXPENSES INCURRED BY THEM IN CONNECTION WITH SUCH TRANSPORTATION OF THEIR AUTOMOBILES. THE STATUTE AND REGULATIONS CONTEMPLATE THAT THE SHIPMENT OF AUTOMOBILES TO OVERSEAS AREAS FOR MEMBERS OF AN ARMED FORCE WILL BE ARRANGED FOR AND EFFECTED BY THE APPROPRIATE TRANSPORTATION OFFICER AT NO EXPENSE TO THE MEMBER OF OCEAN TRANSPORTATION, WITH THE MEMBER BEARING THE COST WHICH MAY NOT PROPERLY BE CONSIDERED AS A PART OF THE OCEAN TRANSPORTATION COST INVOLVED. SEE 39 COMP. GEN. 713 AND B- 156892, DATED JULY 20, 1965, 45 COMP. GEN. - , COPIES ENCLOSED. SEE ALSO, B 157269, DATED AUGUST 19, 1965, COPY ENCLOSED, A CASE SOMEWHAT SIMILAR TO YOURS, WHERE WE SAID THAT REGARDLESS OF WHETHER ANY OF THE ITEMS OF EXPENSE INVOLVED PROPERLY MIGHT HAVE BEEN PAID BY THE GOVERNMENT TO THE ONE WHO PERFORMED THE SERVICE, AS A PART OF THE SHIPPING EXPENSE, IT IS OUR VIEW THAT THE STATUTE AND REGULATIONS DO NOT PROVIDE AUTHORITY TO REIMBURSE THE MEMBER FOR THESE EXPENSES.

ACCORDINGLY, THERE IS NO BASIS UPON WHICH PAYMENT OF YOUR CLAIM MAY BE AUTHORIZED AND THE SETTLEMENT OF JULY 1, 1965, IS SUSTAINED.