B-159580, AUG. 19, 1966

B-159580: Aug 19, 1966

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PEARL HARBOR: FURTHER REFERENCE IS MADE TO YOUR UNDATED LETTER WITH ENCLOSURES. YOU WERE DIRECTED BY BUREAU OF NAVAL PERSONNEL ORDER NO. 092362. A STATION WHERE YOU WERE NOT AUTHORIZED TO HAVE YOUR DEPENDENTS. SUBSEQUENTLY YOU WERE NOTIFIED BY NAVAL SPEED LETTER DATED JANUARY 7. WAS APPROVED AS THE POINT OF SELECTION FOR THE TRAVEL OF YOUR DEPENDENTS AND MOVEMENT OF YOUR HOUSEHOLD EFFECTS. YOU WERE DETACHED FROM THE U.S. YOU WERE INFORMED BY THE SUPPLY OFFICER THAT DUE TO RECENT ORDERS NO MORE AUTOMOBILES WOULD BE SHIPPED TO VIET NAM AND FURTHER THAT HE COULD NOT SHIP YOUR AUTOMOBILE TO HAWAII. YOU FURTHER ADVISED IN THAT STATEMENT THAT YOU IMMEDIATELY ENGAGED A COMMERCIAL CARRIER AND CONSEQUENTLY YOUR AUTOMOBILE WAS SHIPPED TO HAWAII AT YOUR EXPENSE.

B-159580, AUG. 19, 1966

TO COMMANDER FLEET TRAINING GROUP, PEARL HARBOR:

FURTHER REFERENCE IS MADE TO YOUR UNDATED LETTER WITH ENCLOSURES, RECEIVED HERE ON JUNE 13, 1966, REQUESTING RECONSIDERATION OF YOUR CLAIM FOR REIMBURSEMENT OF THE EXPENSE INCURRED FOR THE SHIPMENT OF YOUR PRIVATELY OWNED VEHICLE FROM SAN FRANCISCO, CALIFORNIA, TO HONOLULU, HAWAII, IN MARCH 1965.

YOU WERE DIRECTED BY BUREAU OF NAVAL PERSONNEL ORDER NO. 092362, DATED DECEMBER 3, 1964, TO PROCEED UPON RELIEF FROM DETACHED DUTY WITH THE U.S.S. FRANKLIN D. ROOSEVELT (CVA-42) TO SAIGON, VIET NAM, A STATION WHERE YOU WERE NOT AUTHORIZED TO HAVE YOUR DEPENDENTS. SUBSEQUENTLY YOU WERE NOTIFIED BY NAVAL SPEED LETTER DATED JANUARY 7, 1965, THAT HONOLULU, HAWAII, WAS APPROVED AS THE POINT OF SELECTION FOR THE TRAVEL OF YOUR DEPENDENTS AND MOVEMENT OF YOUR HOUSEHOLD EFFECTS. BY SECOND ENDORSEMENT DATED FEBRUARY 15, 1965, TO YOUR BASIC ORDERS, YOU WERE DETACHED FROM THE U.S. NAVAL STATION, MAYPORT, FLORIDA, AND AUTHORIZED TO TRAVEL BY PRIVATELY OWNED VEHICLE TO PORT OF EMBARKATION, SUBJECT TO REIMBURSEMENT, AND DIRECTED TO REPORT WITH DEPENDENTS TO TRAVIS AIR FORCE BASE, CALIFORNIA, FOR A SPECIFIED MATS FLIGHT DEPARTING MARCH 3, 1965. IN A STATEMENT OF FACTS CONCERNING YOUR CLAIM, DATED JUNE 29, 1965, YOU ADVISED THAT WHEN YOU ARRIVED AT TRAVIS AIR FORCE BASE ON MARCH 2, 1965, AND ENDEAVORED TO OBTAIN INSTRUCTIONS FROM THE NAVAL SUPPLY CENTER, OAKLAND, CALIFORNIA, FOR THE SHIPMENT OF YOUR PRIVATELY OWNED AUTOMOBILE TO A POINT OF SELECTION AWAITING FURTHER SHIPMENT TO VIET NAM, YOU WERE INFORMED BY THE SUPPLY OFFICER THAT DUE TO RECENT ORDERS NO MORE AUTOMOBILES WOULD BE SHIPPED TO VIET NAM AND FURTHER THAT HE COULD NOT SHIP YOUR AUTOMOBILE TO HAWAII. YOU FURTHER ADVISED IN THAT STATEMENT THAT YOU IMMEDIATELY ENGAGED A COMMERCIAL CARRIER AND CONSEQUENTLY YOUR AUTOMOBILE WAS SHIPPED TO HAWAII AT YOUR EXPENSE. THE PAID BILLS ON FILE SHOW THE AGGREGATE COST OF SHIPMENT AS $266.95. YOUR CLAIM FOR SUCH COSTS WAS DISALLOWED BY OUR CLAIMS DIVISION BY SETTLEMENT DATED AUGUST 6, 1965, FOR THE REASON THAT THE LAW AND REGULATIONS GOVERNING YOUR CASE DO NOT PROVIDE FOR REIMBURSEMENT TO A MEMBER WHO PERSONALLY ARRANGES FOR THE SHIPMENT OF HIS AUTOMOBILE ON A COMMERCIAL VESSEL IRRESPECTIVE OF THE REASON THEREFOR.

YOU NOW EXPLAIN WHY YOU ARRANGED FOR THE SHIPMENT OF YOUR PRIVATELY OWNED AUTOMOBILE TO HAWAII BY COMMERCIAL VESSEL AND ADVISE THAT UPON COMPLETION OF YOUR TOUR OF DUTY IN VIET NAM YOU WERE TRANSFERRED TO HAWAII. ALSO, YOU HAVE FURNISHED US WITH COPIES OF ORDERS DATED MARCH 18, 1966, FROM COMMANDING OFFICER, HEADQUARTERS SUPPORT ACTIVITY, SAIGON, WHICH DIRECTED YOUR TRANSFER TO PEARL HARBOR, HAWAII, AND FIRST ENDORSEMENT DATED MARCH 31, 1966, OF THAT COMMAND, ON THOSE ORDERS, DETACHING YOU FROM DUTY AS OF THAT DATE. YOU CONTEND THAT THOSE ORDERS "AUTOMATICALLY" AUTHORIZE YOU TO SHIP YOUR AUTOMOBILE TO HAWAII AT GOVERNMENT EXPENSE.

PARAGRAPH M7005, CHANGE 136, DATED APRIL 1, 1964, JOINT TRAVEL REGULATIONS, PROVIDED 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 HAWAII WHEN APPROVED BY THE SECRETARY OF THE SERVICE CONCERNED OR HIS DESIGNATED REPRESENTATIVE. ALSO, SHIPMENT OF THE MEMBER'S HOUSEHOLD GOODS TO SUCH LOCATION MAY BE MADE UNDER PARAGRAPH M8253-2B, CHANGE 137, DATED MAY 1, 1964, JOINT TRAVEL REGULATIONS, IF SIMILARLY APPROVED. PARAGRAPH M8000 OF THOSE REGULATIONS, HOWEVER, SPECIFICALLY EXCLUDES AUTOMOBILES FROM THE TERM "HOUSEHOLD GOODS.' THE LAW IN EFFECT AT THE TIME OF YOUR TRANSFER FOR THE OVERSEAS SHIPMENT OF PRIVATELY OWNED VEHICLES, AS CODIFIED IN 10 U.S.C. 2634, PROVIDED THAT WHEN A MEMBER OF AN ARMED 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 AT THE EXPENSE OF THE UNITED STATES ON A VESSEL OWNED, LEASED, OR CHARTERED BY THE UNITED STATES OR BY PRIVATELY OWNED AMERICAN SHIPPING SERVICES. THE IMPLEMENTING REGULATIONS, PARAGRAPH M11002-2, CHANGE 144, DATED JANUARY 1, 1965, JOINT TRAVEL REGULATIONS, PROVIDED THAT OVERSEAS COMMANDERS MAY SUSPEND SHIPMENT OF PRIVATELY OWNED MOTOR VEHICLES TO AREAS UNDER THEIR COMMAND IN CASES OF MILITARY NECESSITY OR AS A RESULT OF RESTRICTIONS IMPOSED BY FOREIGN GOVERNMENTS. THUS, THE GOVERNING LAW AND REGULATIONS IN EFFECT DURING THE PERIOD INVOLVED LIMITED THE MOVEMENT OF A MEMBER'S PRIVATELY OWNED VEHICLE AT GOVERNMENT EXPENSE TO HIS NEW DUTY STATION, PROVIDED THAT THERE WAS NO RESTRICTION AGAINST SUCH MOVEMENT. SINCE HONOLULU WAS NOT YOUR NEW DUTY STATION BUT RATHER A SELECTED POINT FOR THE TRAVEL OF YOUR DEPENDENTS AND MOVEMENT OF YOUR HOUSEHOLD GOODS AND SINCE IT APPEARS THAT AT THE TIME OF YOUR TRANSFER TO VIET NAM, YOUR NEW DUTY STATION, THERE WERE IN EFFECT ORDERS SUSPENDING THE MOVEMENT OF PRIVATELY OWNED VEHICLES OF MILITARY MEMBERS THERETO, NO LEGAL AUTHORITY EXISTED FOR THE MOVEMENT AT GOVERNMENT EXPENSE OF YOUR PRIVATELY OWNED VEHICLE FROM PORT OF EMBARKATION TO EITHER HONOLULU OR VIET NAM. WHILE PUBLIC LAW 89-101, DATED JULY 30, 1965, 79 STAT. 425, AMENDED 10 U.S.C. 2634, SUPRA, TO PERMIT THE SHIPMENT OF A MEMBER'S PRIVATELY OWNED VEHICLE TO HIS NEW STATION OR TO SUCH OTHER PLACE AS THE SECRETARY CONCERNED MAY AUTHORIZE, SUCH PROVISION WAS RETROACTIVELY EFFECTIVE TO MAY 1, 1965, ONLY, AND INASMUCH AS YOUR TRANSFER TO VIET NAM WAS PRIOR TO THAT DATE, THAT LAW IS NOT FOR APPLICATION IN YOUR CASE.

THE GOVERNING LAW AND REGULATIONS CONTAIN NO PROVISION FOR REIMBURSING MILITARY MEMBERS WHO EFFECT SHIPMENT OF THEIR PRIVATELY OWNED AUTOMOBILES ON THEIR OWN VOLITION AND RESPONSIBILITY, REGARDLESS OF THE PARTICULAR CIRCUMSTANCES INVOLVED. CONSEQUENTLY IT HAS BEEN HELD THAT SUCH LAW AND REGULATIONS CONTEMPLATE THAT THE SHIPMENT OF A MEMBER'S PRIVATELY OWNED VEHICLE TO AN OVERSEAS PORT WILL BE ARRANGED FOR AND EFFECTED BY AN APPROPRIATE TRANSPORTATION OFFICER BY MEANS OF GOVERNMENT OWNED VESSEL OR PRIVATELY OWNED AMERICAN SHIPPING SERVICES, AND THAT NO AUTHORITY EXISTS FOR THE REIMBURSEMENT OF EXPENSES INCURRED BY THE MEMBER INCIDENT TO A PERSONALLY ARRANGED SHIPMENT. 45 COMP. GEN. 39. SEE ALSO PARAGRAPH M11002 OF THE JOINT TRAVEL REGULATIONS.

THE ORDERS OF MARCH 18, 1966, WHICH DIRECTED YOUR TRANSFER FROM VIET NAM TO PEARL HARBOR DO NOT SERVE TO ENTITLE YOU TO REIMBURSEMENT OF THE EXPENSES CLAIMED BY YOU SINCE SUCH ORDERS ARE FOR PROSPECTIVE RATHER THAN RETROACTIVE APPLICATION. UNDER SUCH ORDERS AND 10 U.S.C. 2634 THE MOVEMENT OF YOUR PRIVATELY OWNED AUTOMOBILE AT GOVERNMENT EXPENSE COULD BE AUTHORIZED ONLY TO THE EXTENT OF THE SURFACE WATER TRANSPORTATION REQUIRED TO SHIP THE VEHICLE TO THE NEW DUTY STATION NAMED IN THE ORDERS. SINCE YOUR CAR APPARENTLY WAS LOCATED IN HAWAII WHEN THE ORDERS OF MARCH 18, 1966, WERE ISSUED, NO WATER TRANSPORTATION WAS REQUIRED TO MOVE IT TO THE NEW DUTY STATION, AND SUCH ORDERS PROVIDE NO AUTHORITY FOR THE PRIOR MOVEMENT TO THAT AREA.