B-161915, AUG. 4, 1967

B-161915: Aug 4, 1967

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5/9/67) NAVY WAS ADVISED THAT 37 U.S.C. 406 PROVIDES AUTHORITY FOR PRESCRIBING REGULATIONS TO AUTHORIZE REIMBURSEMENT OF SHIPBOARD TIPPING EXPENSES SUCH REGULATIONS HAVE NOT BEEN PROMULGATED AND EVEN IF THEY HAD BEEN ISSUED THEY WOULD BE FOR APPLICATION PROSPECTIVELY AND COULD NOT AUTHORIZE REIMBURSEMENT RETROACTIVELY. USN: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 13. YOU WERE DIRECTED WHEN RELIEVED FROM THE STAFF. YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED JUNE 7. OF OUR CLAIMS DIVISION FOR THE REASON THAT TIPS ABOARD VESSELS INCIDENT TO THE TRANSPORTATION OF A MEMBER'S DEPENDENTS IS NOT INCLUDED AS A REIMBURSABLE ITEM IN PARAGRAPH M7002-3 OF THE JOINT TRAVEL REGULATIONS. SUCH AN AMENDMENT IS NOW BEING CONSIDERED BUT THAT IT HAS NOT BEEN ISSUED.

B-161915, AUG. 4, 1967

TRANSPORTATION - DEPENDENTS - MILITARY PERSONNEL - TIPS DECISION TO NAVY OFFICER RE CLAIM FOR REIMBURSEMENT FOR TIPS ABOARD VESSEL INCIDENT TO TRANSPORTATION OF DEPENDENTS ON RETURN FROM OVERSEAS. CLAIM FOR SHIPBOARD TIPPING INCURRED INCIDENT TO TRANSPORTATION OF DEPENDENTS OF MEMBER OF THE UNIFORMED SERVICES MUST BE DISALLOWED. EVEN THOUGH UNDER 46 COMP. GEN.--- (B-160960, 5/9/67) NAVY WAS ADVISED THAT 37 U.S.C. 406 PROVIDES AUTHORITY FOR PRESCRIBING REGULATIONS TO AUTHORIZE REIMBURSEMENT OF SHIPBOARD TIPPING EXPENSES SUCH REGULATIONS HAVE NOT BEEN PROMULGATED AND EVEN IF THEY HAD BEEN ISSUED THEY WOULD BE FOR APPLICATION PROSPECTIVELY AND COULD NOT AUTHORIZE REIMBURSEMENT RETROACTIVELY.

TO CAPTAIN HORACE C. PAGE, USN:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 13, 1967, AND ENCLOSURE, REQUESTING REVIEW OF YOUR CLAIM FOR REIMBURSEMENT FOR TIPS ABOARD THE SS CONSTITUTION INCIDENT TO THE TRANSPORTATION OF YOUR DEPENDENTS FROM NAPLES, ITALY, TO NEW YORK, NEW YORK, DURING THE PERIOD JULY 26, 1966, TO AUGUST 5, 1966.

BY BUREAU OF NAVAL PERSONNEL ORDER 193026 DATED JUNE 4, 1966, YOU WERE DIRECTED WHEN RELIEVED FROM THE STAFF, COMSERVRON SIX IN AUGUST, TO PROCEED AND REPORT FOR DUTY TO THE COMHUNPTDIV, SAN FRANCISCO BAY NAVAL SHIPYARD, SAN FRANCISCO, CALIFORNIA. YOUR CLAIM WAS DISALLOWED BY SETTLEMENT DATED JUNE 7, 1967, OF OUR CLAIMS DIVISION FOR THE REASON THAT TIPS ABOARD VESSELS INCIDENT TO THE TRANSPORTATION OF A MEMBER'S DEPENDENTS IS NOT INCLUDED AS A REIMBURSABLE ITEM IN PARAGRAPH M7002-3 OF THE JOINT TRAVEL REGULATIONS.

IN YOUR LETTER OF JUNE 13, 1967, YOU REFER TO AN ARTICLE APPEARING IN A RECENT ISSUE OF NAVY TIMES CONCERNING OUR DECISION OF MAY 9, 1967, B- 160960, 46 COMP. GEN.--- , TO THE SECRETARY OF THE NAVY, RELATIVE TO REIMBURSEMENT FOR TIPPING EXPENSES INCURRED BY DEPENDENTS. IN THAT DECISION WE CONCLUDED THAT SECTION 406 OF TITLE 37, U.S. CODE, PROVIDES AUTHORITY TO PRESCRIBE REGULATIONS UNDER WHICH MEMBERS WOULD BE ENTITLED TO REIMBURSEMENT OF SHIPBOARD TIPPING EXPENSES INCURRED BY THEIR DEPENDENTS WHILE TRAVELING ON COMMERCIAL VESSELS AND THAT THE JOINT TRAVEL REGULATIONS MAY BE AMENDED ACCORDINGLY.

THE DEPARTMENT OF DEFENSE HAS INFORMALLY ADVISED US THAT ON THE BASIS OF THIS DECISION, SUCH AN AMENDMENT IS NOW BEING CONSIDERED BUT THAT IT HAS NOT BEEN ISSUED. HOWEVER, THE REGULATIONS IN EFFECT AT THE TIME YOUR DEPENDENTS PERFORMED THE TRAVEL INVOLVED CONTAINED NO PROVISION AUTHORIZING REIMBURSEMENT OF SUCH TIPPING EXPENSES. SHOULD AN AMENDMENT TO THE REGULATIONS BE ISSUED PROVIDING FOR REIMBURSEMENT OF THESE EXPENSES, A MEMBER'S ENTITLEMENT WILL, OF COURSE, BE FOR DETERMINATION UNDER THE LANGUAGE OF THE REGULATION AS AMENDED. SUCH AN AMENDMENT, IF ISSUED, WILL BE FOR APPLICATION PROSPECTIVELY SINCE IT IS WELL SETTLED THAT WHEN REGULATIONS ARE ISSUED, RIGHTS THEREUNDER BECOME FIXED, AND ALTHOUGH SUCH REGULATIONS MAY BE AMENDED PROSPECTIVELY TO INCREASE OR DECREASE THE RIGHTS GIVEN THEREBY, THEY MAY NOT BE SO AMENDED RETROACTIVELY. 27 COMP. GEN. 339; 31 COMP. GEN. 619; 32 COMP. GEN. 315 AND 527; 33 COMP. GEN. 174 AND 505; 40 COMP. GEN. 242; AND 41 COMP. GEN. 392. CF. ARIZONA GROCERY V. ATCHISON RY., 284 U.S. 370; AND HELVERING V. GRIFFITHS, 318 U.S. 371, 395.

THEREFORE, YOU MAY NOT BE REIMBURSED FOR THE SHIPBOARD TIPPING EXPENSES INCURRED INCIDENT TO THE TRANSPORTATION OF YOUR DEPENDENTS SINCE THE REGULATIONS IN EFFECT AT THE TIME OF THEIR TRAVEL DID NOT AUTHORIZE SUCH REIMBURSEMENT. ACCORDINGLY, THE DISALLOWANCE OF YOUR CLAIM MUST BE AND IS SUSTAINED.