B-158564, MAR. 16, 1966, 45 COMP. GEN. 577

B-158564: Mar 16, 1966

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LIMITING ENTITLEMENT TO FORWARDING OR RETURNING BAGGAGE AND HOUSEHOLD EFFECTS WHEN ORDERS ARE CANCELED. 1966: REFERENCE IS MADE TO LETTER OF FEBRUARY 9. THE MEMBER IS REASSIGNED UNDER PERMANENT CHANGE-OF-STATION ORDERS TO A RESTRICTED OVERSEAS AREA. THE SITUATION IS THE SAME AS IN 1 ABOVE. THEY WILL CONTINUE TO RESIDE AT THEIR PRESENT PLACE OF RESIDENCE ON THE EAST COAST OF THE UNITED STATES. THE PRIVATELY OWNED VEHICLES INVOLVED WERE INITIALLY TURNED IN FOR SHIPMENT TO THE UNRESTRICTED OVERSEAS STATION AND ARE CURRENTLY ON HAND AT THE WEST COAST MILITARY OCEAN TERMINAL. THE VIEW IS EXPRESSED BY THE UNDER SECRETARY THAT THE AMENDMENT MADE TO 10 U.S.C. 2634 BY PUBLIC LAW 89 101 WAS INTENDED TO PROVIDE AUTHORITY FOR SHIPMENT OF A PRIVATELY OWNED VEHICLE TO A DESIGNATED PLACE AND.

B-158564, MAR. 16, 1966, 45 COMP. GEN. 577

TRANSPORTATION - AUTOMOBILE - MILITARY PERSONNEL - TO OTHER THAN NEW STATION - ORDERS CANCELED, ETC. THE PRIVATELY OWNED MOTOR VEHICLE MOVED BY A MEMBER OF THE UNIFORMED SERVICES TO A PORT OF EMBARKATION IN THE UNITED STATES UNDER PERMANENT CHANGE-OF-STATION ORDERS TO AN UNRESTRICTED AREA OVERSEAS PRIOR TO REASSIGNMENT TO A RESTRICTED AREA, THE DEPENDENTS EITHER REMAINING OR RETURNING TO THE OPPOSITE COAST, COMES WITHIN THE SCOPE OF 10 U.S.C. 2634, PROVIDING FOR OCEAN SHIPMENT OF THE VEHICLE OF A MEMBER AT GOVERNMENT EXPENSE "TO HIS NEW STATION OR SUCH OTHER PLACE AS THE SECRETARY MAY AUTHORIZE," RATHER THAN WITHIN THE PURVIEW OF 37 U.S.C. 406A, LIMITING ENTITLEMENT TO FORWARDING OR RETURNING BAGGAGE AND HOUSEHOLD EFFECTS WHEN ORDERS ARE CANCELED, REVOKED, OR MODIFIED, THUS EXCLUDING THE TRANSSHIPMENT OF A PRIVATELY OWNED VEHICLE, AND SECTION 2634 AUTHORIZING TRANSPORTATION OF ONE MOTOR VEHICLE AT GOVERNMENT EXPENSE INCIDENT TO A PERMANENT CHANGE TO AN OVERSEAS STATION FOR THE PERSONAL USE OF A MEMBER OR HIS DEPENDENTS, THE JOINT TRAVEL REGULATIONS MAY BE AMENDED TO AUTHORIZE THE OCEAN SHIPMENT OF A VEHICLE BETWEEN COASTAL PORTS OF THE UNITED STATES FOR THE USE OF DEPENDENTS.

TO THE SECRETARY OF THE ARMY, MARCH 16, 1966:

REFERENCE IS MADE TO LETTER OF FEBRUARY 9, 1966, FROM THE UNDER SECRETARY OF THE ARMY, FORWARDED HERE BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE, DEPARTMENT OF DEFENSE (PDTATAC CONTROL NO. 66-9), REQUESTING A DECISION WHETHER THE JOINT TRAVEL REGULATIONS, VOLUME 1, MAY BE AMENDED TO PROVIDE AUTHORITY FOR SHIPMENT OF PRIVATELY OWNED MOTOR VEHICLES BETWEEN UNITED STATES PORTS IN THE FOLLOWING SITUATIONS:

1. A MEMBER UNDER PERMANENT CHANGE-OF-STATION ORDERS FROM A STATION IN THE UNITED STATES TO AN UNRESTRICTED OVERSEAS STATION MOVES HIS PRIVATELY OWNED VEHICLE TO THE APPROPRIATE PORT OF EMBARKATION ON THE WEST COAST FOR SHIPMENT TO THE OVERSEAS STATION. THE MEMBER AND HIS DEPENDENTS TRAVEL TO THE UNRESTRICTED OVERSEAS STATION. BEFORE SHIPMENT OF THE VEHICLE FROM THE PORT OF EMBARKATION COMMENCES, THE MEMBER IS REASSIGNED UNDER PERMANENT CHANGE-OF-STATION ORDERS TO A RESTRICTED OVERSEAS AREA. THE MEMBER'S DEPENDENTS RETURN TO A DESIGNATED PLACE ON THE EAST COAST OF THE UNITED STATES. THE MEMBER REQUESTS SHIPMENT OF THE VEHICLE FROM THE WEST COAST PORT TO AN EAST COAST PORT NEAR THE DESIGNATED PLACE.

2. THE SITUATION IS THE SAME AS IN 1 ABOVE, EXCEPT THE MEMBER'S DEPENDENTS DID NOT TRAVEL TO THE MEMBER'S UNRESTRICTED STATION WITH THE MEMBER, BUT EXPECTED TO TRAVEL AT A LATER DATE. THEY WILL CONTINUE TO RESIDE AT THEIR PRESENT PLACE OF RESIDENCE ON THE EAST COAST OF THE UNITED STATES, PENDING RETURN OF THE MEMBER TO THE UNITED STATES.

THE UNDER SECRETARY SAYS THAT IN THE SITUATIONS PRESENTED, THE PRIVATELY OWNED VEHICLES INVOLVED WERE INITIALLY TURNED IN FOR SHIPMENT TO THE UNRESTRICTED OVERSEAS STATION AND ARE CURRENTLY ON HAND AT THE WEST COAST MILITARY OCEAN TERMINAL. THE UNDER SECRETARY FURTHER SAYS THAT IN NEITHER OF THE SITUATIONS PRESENTED, CAN THE DEPENDENT TRAVEL TO PICK UP THE VEHICLE AND DRIVE IT ACROSS THE UNITED STATES. UNDER SIMILAR CIRCUMSTANCES INVOLVING HOUSEHOLD GOODS, HE POINTS OUT THAT THE JOINT TRAVEL REGULATIONS (PARAGRAPHS M8253-2D AND M8304-3) PROVIDE FOR SHIPMENT TO THE DESIGNATED PLACE. THE VIEW IS EXPRESSED BY THE UNDER SECRETARY THAT THE AMENDMENT MADE TO 10 U.S.C. 2634 BY PUBLIC LAW 89 101 WAS INTENDED TO PROVIDE AUTHORITY FOR SHIPMENT OF A PRIVATELY OWNED VEHICLE TO A DESIGNATED PLACE AND, HENCE, THE PROPOSED AMENDMENT TO THE JOINT TRAVEL REGULATIONS APPEARS TO BE A PROPER IMPLEMENTATION OF THAT LAW.

THE STATUTORY AUTHORITY FOR OCEAN SHIPMENT OF A PRIVATELY OWNED VEHICLE OF MEMBERS OF THE UNIFORMED SERVICES IS CONTAINED IN 10 U.S.C. 2634, AS AMENDED BY THE ACT OF JULY 30, 1965, PUBLIC LAW 89-101, 79 STAT. 425, WHICH PROVIDES, IN PERTINENT PART, AS FOLLOWS:

SEC. MOTOR VEHICLES; FOR MEMBERS ON CHANGE OF PERMANENT STATION

(A) WHEN A MEMBER OF AN ARMED FORCE IS ORDERED TO MAKE A CHANGE OF PERMANENT STATION, ONE MOTOR VEHICLE OWNED BY HIM AND FOR HIS PERSONAL USE OR THE USE OF HIS DEPENDENTS MAY, UNLESS A MOTOR VEHICLE OWNED BY HIM WAS TRANSPORTED IN ADVANCE OF THAT CHANGE OF PERMANENT STATION UNDER SECTION 406 (H) OF TITLE 37, BE TRANSPORTED, AT THE EXPENSE OF THE UNITED STATES, TO HIS NEW STATION OR SUCH OTHER PLACE AS THE SECRETARY CONCERNED MAY AUTHORIZE---

(1) ON A VESSEL OWNED, LEASED, OR CHARTERED BY THE UNITED STATES;

(2) BY PRIVATELY OWNED AMERICAN SHIPPING SERVICES; OR

(3) BY FOREIGN-FLAG SHIPPING SERVICES IF SHIPPING SERVICES DESCRIBED IN CLAUSES (1) AND (2) ARE NOT REASONABLY AVAILABLE.

(B) IN THIS SECTION "CHANGE OF PERMANENT STATION" MEANS THE TRANSFER OR ASSIGNMENT OF A MEMBER OF THE ARMED FORCES FROM ONE PERMANENT STATION TO ANOTHER. IT INCLUDES THE CHANGE FROM HOME OR FROM THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY TO FIRST STATION UPON APPOINTMENT, CALL TO ACTIVE DUTY, ENLISTMENT, OR INDUCTION, AND FROM LAST DUTY STATION TO HOME OR TO THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY UPON SEPARATION FROM THE SERVICE, PLACEMENT UPON THE TEMPORARY DISABILITY RETIRED LIST, RELEASE FROM ACTIVE DUTY, OR RETIREMENT. IT ALSO INCLUDES AN AUTHORIZED CHANGE IN HOME YARD OR HOME PORT OF A VESSEL.

UNDER THAT LAW, A MEMBER WHO IS ORDERED TO MAKE A CHANGE OF PERMANENT STATION IS ENTITLED TO OCEAN SHIPMENT OF HIS PRIVATELY OWNED VEHICLE AT GOVERNMENT EXPENSE "TO HIS NEW STATION OR SUCH OTHER PLACE AS THE SECRETARY MAY AUTHORIZE.' CHAPTER 11 OF THE JOINT TRAVEL REGULATIONS IMPLEMENTING THAT LAW PROVIDES IN PARAGRAPH M11002-6, IN PERTINENT PART, AS FOLLOWS:

WHEN SHIPMENT TO NEW STATION IS NOT PERMITTED. WHEN, BY PERMANENT CHANGE -OF-STATION ORDERS, A MEMBER IS ORDERED FROM A STATION WITHIN OR OUTSIDE THE UNITED STATES TO A STATION OUTSIDE THE UNITED STATES (A) TO WHICH SHIPMENT OF A PRIVATELY OWNED MOTOR VEHICLE IS NOT PERMITTED OR (B) TO WHICH TRANSPORTATION OF DEPENDENTS IS NOT AUTHORIZED, TRANSPORTATION OF ONE MOTOR VEHICLE OWNED BY THE MEMBER AND FOR HIS PERSONAL USE OR THE USE OF HIS DEPENDENTS IS AUTHORIZED FROM THE PORT NORMALLY SERVING THE OLD STATION TO THE PORT NORMALLY SERVING ANY OF THE FOLLOWING PLACES:

1. ANY PLACE IN THE UNITED STATES THE MEMBER MAY DESIGNATE PROVIDED HIS OLD DUTY STATION IS LOCATED OUTSIDE THE UNITED STATES; * * *

IN A RECENT DECISION TO THE SECRETARY OF THE NAVY DATED MARCH 4,1966, 45 COMP. GEN. --, WE CONSIDERED THE QUESTION WHETHER THE JOINT TRAVEL REGULATIONS MAY BE AMENDED TO AUTHORIZE, IN THE CASE OF A PRIVATELY OWNED MOTOR VEHICLE EN ROUTE TO THE NEW PERMANENT STATION INCIDENT TO COMPETENT CHANGE OF STATION ORDERS, THE FORWARDING OR RETURN AT GOVERNMENT EXPENSE OF THE VEHICLE TO THE PORT NEAREST THE MEMBER'S CURRENT DUTY STATION WHEN SUCH ORDERS ARE SUBSEQUENTLY AMENDED, CANCELED, OR REVOKED. IN THAT DECISION WE RECOGNIZED THAT FOR YEARS PRIOR TO THE ENACTMENT OF 37 U.S.C. 406A, PROVIDING FOR THE TRANSSHIPMENT OF BAGGAGE AND HOUSEHOLD EFFECTS WHEN ORDERS ARE CANCELED, REVOKED OR MODIFIED, THE JOINT TRAVEL REGULATIONS HAD AUTHORIZED THE FORWARDING OR RETURN OF HOUSEHOLD GOODS SHIPPED BEFORE THE EFFECTIVE DATE OF CHANGE OF STATION ORDERS TO PROPER DESTINATION AT GOVERNMENT EXPENSE UPON AMENDMENT OR CANCELLATION OF THE ORDERS. SINCE, HOWEVER, 37 U.S.C. 406A LIMITS ENTITLEMENT TO THOSE SPECIFIC TRAVEL AND TRANSPORTATION ALLOWANCES THERE MENTIONED, AND THE FORWARDING OR RETURN SHIPMENT OF A PRIVATELY OWNED VEHICLE AT GOVERNMENT EXPENSE UNDER ORDERS WHICH ARE SUBSEQUENTLY CANCELED, REVOKED, OR MODIFIED, IS NOT ONE OF THE TRAVEL AND TRANSPORTATION ALLOWANCES EXPRESSLY DESIGNATED BY THAT SECTION, WE CONCLUDED IN THE DECISION OF MARCH 4, 1966, THAT IN VIEW THEREOF AND IN THE LIGHT OF SECTION 209 OF THE ACT OF JUNE 30, 1932, AS AMENDED, 5 U.S.C. 73C, THAT THERE WAS NO BASIS FOR AMENDING THE JOINT TRAVEL REGULATIONS TO PERMIT THE FORWARDING OR RETURN OF A PRIVATELY OWNED VEHICLE AT GOVERNMENT EXPENSE IN THE CIRCUMSTANCES STATED WHEN THE MEMBER'S ORDERS ARE SUBSEQUENTLY AMENDED, CANCELED, OR REVOKED.

WE UNDERSTAND INFORMALLY THAT THE SITUATIONS DESCRIBED IN THE UNDER SECRETARY'S LETTER MAY INVOLVE CERTAIN MEMBERS WHOSE ORDERS ARE MODIFIED OR CANCELED WHILE EN ROUTE TO AN UNRESTRICTED OVERSEAS STATION AS WELL AS MEMBERS WHO HAVE COMPLETED TRAVEL TO THEIR UNRESTRICTED OVERSEAS STATION AND, AFTER ENTERING ON DUTY AT THAT STATION, ARE ASSIGNED ON FURTHER PERMANENT CHANGE OF STATION ORDERS TO A RESTRICTED OVERSEAS STATION.

TO THE EXTENT THAT MEMBERS WHOSE ORDERS ARE MODIFIED OR CANCELED WHILE EN ROUTE TO THE OVERSEAS UNRESTRICTED STATION ARE INVOLVED THE CONCLUSION REACHED IN THE DECISION OF MARCH 4, 1966, IS FOR APPLICATION.

UNDER THE PROVISIONS OF 10 U.S.C. 2634, AS AMENDED, IN THE CASE OF A MEMBER ORDERED TO MAKE A CHANGE OF PERMANENT STATION, TRANSPORTATION OF ONE MOTOR VEHICLE OWNED BY HIM AND FOR HIS PERSONAL USE OR "THE USE OF HIS DEPENDENTS," IS AUTHORIZED AT GOVERNMENT EXPENSE TO HIS NEW STATION "OR SUCH OTHER PLACE AS THE SECRETARY CONCERNED MAY AUTHORIZE.' THUS, THE LAW EXPRESSLY PROVIDES FOR SHIPMENT OF A VEHICLE FOR THE USE OF DEPENDENTS TO SUCH PLACE AS THE SECRETARY MAY DESIGNATE AND ITS LEGISLATIVE HISTORY SHOWS THAT IT WAS THE PURPOSE OF THE LAW TO BROADEN THE AUTHORITY FOR THE SEA TRANSPORTATION AT GOVERNMENT EXPENSE OF AUTOMOBILES OWNED BY MILITARY PERSONNEL SO AS TO PROVIDE RELIEF FOR THOSE MEMBERS ORDERED TO A RESTRICTED AREA FROM PERMANENT DUTY STATIONS OUTSIDE THE UNITED STATES. IT IS EXPLAINED IN THE LEGISLATIVE HISTORY THAT THE LAW IS INTENDED TO PERMIT THE SECRETARY CONCERNED TO AUTHORIZE SHIPMENT OF THE VEHICLE TO A PORT OTHER THAN THE PORT SERVING THE MEMBER'S NEW DUTY STATION WHEN HE RECEIVES A CHANGE OF PERMANENT STATION. SEE S.REPT. NO. 460 AND H.REPT. NO. 559, TO ACCOMPANY H.R. 8484 WHICH BECAME PUBLIC LAW 89 101.

IN THE USUAL SITUATION CONTEMPLATED BY 10 U.S.C. 2634, THE MOTOR VEHICLE CONCERNED WOULD BE AT THE MEMBER'S UNRESTRICTED OVERSEAS STATION AND THE PRESENT REGULATIONS ARE LIMITED TO SUCH SITUATIONS. THE PROVISIONS OF 10 U.S.C. 2634, AS AMENDED RELATING TO SHIPMENT OF THE MOTOR VEHICLE FOR THE USE OF DEPENDENTS, HOWEVER, ARE NOT SO LIMITED,AND IN VIEW OF THE PURPOSE AND INTENT OF THOSE PROVISIONS AS EXPLAINED IN THE LEGISLATIVE HISTORY OF THE LAW, IT IS OUR VIEW THAT AN AMENDMENT TO THE JOINT TRAVEL REGULATIONS AUTHORIZING OCEAN SHIPMENT OF THE VEHICLE BETWEEN COASTAL PORTS OF THE UNITED STATES INCIDENT TO PERMANENT CHANGE-OF-STATION ORDERS FROM AN UNRESTRICTED OVERSEAS STATION TO A RESTRICTED OVERSEAS STATION, MAY BE REGARDED AS BEING WITHIN THE SCOPE OF 10 U.S.C. 2634, AS AMENDED, EVEN THOUGH THE MOTOR VEHICLE CONCERNED MAY HAVE BEEN MOVED TO A COASTAL PORT FOR OVERSEAS SHIPMENT PRIOR TO PROMULGATION OF THE REGULATIONS UNDER OTHER PERMANENT CHANGE-OF-STATION ORDERS. WE WOULD HAVE NO OBJECTION TO AMENDING THE JOINT TRAVEL REGULATIONS TO SO PROVIDE.