B-171082, FEB 8, 1971

B-171082, FEB 8, 1971

TRANSFERS - REIMBURSEMENT - SHIPMENT OF PRIVATELY OWNED VEHICLE DECISION DISALLOWING REIMBURSEMENT TO ROBERT J. GODFREY FOR EXPENSES INCURRED IN SHIPPING PRIVATELY OWNED VEHICLE FROM NEW YORK TO BREMERHAVEN, GERMANY, INCIDENT TO AN AUTHORIZED CHANGE OF PERMANENT DUTY STATION FROM OKINAWA TO RAMSTEIN, GERMANY. IN THE ABSENCE OF JUSTIFICATION OF NON-USE OF A UNITED STATES FLAG VESSEL IN SHIPPING CLAIMANT'S PRIVATELY OWNED VEHICLE, FOR WHICH HE PERSONALLY ARRANGED IN VIOLATION OF PARAGRAPH 16-26, DEPARTMENT OF THE ARMY REGULATION 55-71, GAO MAY NOT ALLOW CREDIT, OR REIMBURSEMENT, FOR THE COST OF TRANSPORTATION OF AN EMPLOYEE'S PERSONAL PROPERTY BY A FOREIGN FLAG VESSEL DUE TO PROHIBITION IMPOSED BY SECTION 901 OF THE MERCHANT MARINE ACT OF 1936, AS AMENDED, 46 U.S.C. 1241.

TO MR. ROBERT J. GODFREY:

YOUR LETTER OF SEPTEMBER 9, 1970, REQUESTS THAT WE RECONSIDER YOUR CLAIM FOR REIMBURSEMENT OF THE EXPENSES YOU PAID FOR THE SHIPMENT OF YOUR PRIVATELY OWNED VEHICLE FROM NEW YORK, NEW YORK, TO BREMERHAVEN, GERMANY, INCIDENT TO THE AUTHORIZED CHANGE OF YOUR PERMANENT DUTY STATION FROM OKINAWA TO RAMSTEIN, GERMANY, AS AN EMPLOYEE OF THE DEPARTMENT OF DEFENSE, OVERSEAS DEPENDENTS SCHOOLS.

YOUR CLAIM WAS DISALLOWED BY OFFICE SETTLEMENT DATED AUGUST 21, 1970. THAT RESPECT YOU SAY YOU UNDERSTAND THE PROVISIONS OF SECTION 10.4 OF BUREAU OF THE BUDGET CIRCULAR NO. A-56 REVISED, WHICH WAS DISCUSSED IN THE SETTLEMENT.

THE SETTLEMENT LETTER ALSO DISCUSSED THE CIRCUMSTANCES OF WHY YOU SHIPPED THE VEHICLE PRIOR TO THE ISSUANCE OF SPECIAL ORDER NO. AB-684 WHICH AMENDED YOUR TRAVEL AUTHORIZATION, SPECIAL ORDER NO. AB-480. BOTH OF THOSE ORDERS REFER TO THE DEPARTMENT OF DEFENSE JOINT TRAVEL REGULATIONS (JTR), VOLUME 2. APPENDIX B OF JTR REFERS TO DEPARTMENT OF THE ARMY REGULATION AR 55-71. PARAGRAPH 16-26 OF AR 55-71 PROVIDES THAT A SPONSOR (MILITARY OR CIVILIAN) IS NOT AUTHORIZED REIMBURSEMENT FOR THE COST OF SHIPMENT OF PRIVATELY OWNED VEHICLES BY COMMERCIAL MEANS WHEN HE PERSONALLY ARRANGES FOR SUCH COMMERCIAL SERVICE. YOU SUGGEST THAT PARAGRAPH 16-26 IS NOT APPLICABLE TO YOUR SITUATION. EVEN THOUGH YOUR TRAVEL ORDER WAS AMENDED AFTER YOU HAD DISCUSSED YOUR SITUATION WITH THE SEVERAL OFFICES MENTIONED IN YOUR LETTERS OF OCTOBER 15, 1968, AND SEPTEMBER 9, 1970, OTHER PROVISIONS IN CHAPTER 16 OF AR 55-71 ARE FOR CONSIDERATION IN YOUR CASE.

PROVISIONS SUCH AS IN PARAGRAPH 16-3B OF AR 55-71, AS WELL AS IN JTR PARAGRAPH C 6205-3 AND SECTION 6.6G OF CIRCULAR NO. A-56 REVISED, ARE BASED UPON SECTION 901 OF THE MERCHANT MARINE ACT OF 1936, AS AMENDED, 46 U.S.C. 1241, WHICH IN PART IS AS FOLLOWS:

"(A) ANY OFFICER OR EMPLOYEE OF THE UNITED STATES TRAVELING ON OFFICIAL BUSINESS OVERSEAS OR TO OR FROM ANY OF THE POSSESSIONS OF THE UNITED STATES SHALL TRAVEL AND TRANSPORT HIS PERSONAL EFFECTS ON SHIPS REGISTERED UNDER THE LAWS OF THE UNITED STATES WHERE SUCH SHIPS ARE AVAILABLE UNLESS THE NECESSITY OF HIS MISSION REQUIRES THE USE OF A SHIP UNDER A FOREIGN FLAG: PROVIDED, THAT THE COMPTROLLER GENERAL OF THE UNITED STATES SHALL NOT CREDIT ANY ALLOWANCE FOR TRAVEL OR SHIPPING EXPENSES INCURRED ON A FOREIGN SHIP IN THE ABSENCE OF SATISFACTORY PROOF OF THE NECESSITY THEREFOR." ALSO WE INVITE YOUR ATTENTION TO THE PROVISIONS UNDER PARAGRAPH 16-7 OF AR 55-71 AND IN PARAGRAPHS C 7152 AND C 7156 OF JTR.

IN THE ABSENCE OF JUSTIFICATION OF NONUSE OF UNITED STATES FLAG VESSELS THIS OFFICE UNDER SECTION 901 MAY NOT ALLOW CREDIT, OR REIMBURSEMENT, FOR THE COST OF TRANSPORTATION OF AN EMPLOYEE'S PERSONAL PROPERTY OR VEHICLE BY A FOREIGN FLAG VESSEL.

THE RECORD SHOWS THAT PANOCEAN SHIP A CAR SYSTEM, ENGAGED BY YOU TO SHIP YOUR 1965 PEUGOT STATION WAGON FROM NEW YORK TO BREMERHAVEN, PROCURED SHIPMENT THEREOF FOR YOU ABOARD THE M/S ATLANTIC SONG, A SWEDISH VESSEL OWNED BY THE ATLANTIC CONTAINER LINES. WE UNDERSTAND THE ATLANTIC SONG WAS NOT A UNITED STATES FLAG VESSEL. HENCE, WE HAVE NO ALTERNATIVE BUT TO DISALLOW REIMBURSEMENT OF THE EXPENSES CLAIMED BY YOU.