B-172383, JUN 15, 1971

B-172383, JUN 15, 1971

MILITARY PERSONNEL - SHIPMENT OF FOREIGN MADE AUTOS AT GOVERNMENT EXPENSE REAFFIRMANCE OF PREVIOUS DECISION DENYING LT. COMMANDER ROBERT A. ALLEN, USN, REIMBURSEMENT OF EXPENSES INCURRED IN THE SHIPMENT OF PRIVATELY OWNED FOREIGN VEHICLE FROM HARWICK, ENGLAND TO BAYONNE, NEW JERSEY, VIA BREMERHAVEN GERMANY. GOVERNING LAW AND REGULATIONS CONTAIN NO PROVISION FOR REIMBURSEMENT OF MILITARY PERSONNEL WHO EFFECT SHIPMENT OF SUCH VEHICLE ON THEIR OWN VOLITION AND RESPONSIBILITY. AS THE VEHICLE WAS NOT PURCHASED FOR USE AT THE DUTY STATION DURING CLAIMANTS TOUR, BUT WAS PURCHASED 20 DAYS PRIOR TO ISSUANCE OF ORDERS FOR CHANGE OF STATION, NO WAIVER UNDER PARAGRAPH 58302, NAVY SUPPLY COMMAND MANUAL, FOR SHIPMENT OF FOREIGN MADE VEHICLES TO THE U.S. AT GOVERNMENT EXPENSE MAY BE GRANTED.

TO LIEUTENANT COMMANDER ROBERT A. ALLEN, USN:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED MARCH 3, 1971, WITH ENCLOSURES, REQUESTING RECONSIDERATION OF SETTLEMENT DATED FEBRUARY 17, 1971, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE EXPENSE INCURRED FOR THE SHIPMENT OF YOUR PRIVATELY OWNED VEHICLE FROM HARWICH, PEMBROKE, ENGLAND, TO BREMERHAVEN, GERMANY, AND THENCE TO BAYONNE, NEW JERSEY.

BY ORDERS DATED APRIL 8, 1970, AND FIRST INDORSEMENT DATED JULY 2, 1970, YOU WERE DETACHED FROM DUTY AS EXCHANGE OFFICER AT 849TH HEADQUARTERS FLIGHT, ROYAL NAVAL AIR STATION, BRAWDY, WALES, AND ASSIGNED TO ARMED FORCES STAFF COLLEGE, NORFOLK, VIRGINIA, AS A PERMANENT CHANGE OF STATION. AIR TRANSPORTATION FOR YOURSELF AND DEPENDENTS WAS ARRANGED ON A FLIGHT DEPARTING FROM LONDON, ENGLAND, ON JULY 2, 1970.

BY LETTER OF APRIL 13, 1970, YOU REQUESTED THE CHIEF OF NAVAL OPERATIONS TO APPROVE SHIPMENT OF YOUR FOREIGN MADE VEHICLE AT GOVERNMENT EXPENSE, WHICH YOU PURCHASED IN LONDON, ENGLAND, ON MARCH 19, 1970, CITING PARAGRAPH 58302, NAVY SUPPLY SYSTEMS COMMAND MANUAL AND ASKING THAT AN EXCEPTION BE MADE PURSUANT TO SUBPARAGRAPH 4B OF THAT PARAGRAPH. LETTER DATED MAY 22, 1970, FROM CHIEF OF NAVAL OPERATIONS TO COMMANDER, U.S. NAVAL ACTIVITIES, UNITED KINGDOM, IT WAS STATED THAT YOUR REQUEST WAS APPROVED. BY LETTER DATED JUNE 12, 1970, TO YOU, THE COMMANDER, U.S. NAVAL ACTIVITIES, UNITED KINGDOM, ENCLOSED A COPY OF THE LETTER OF MAY 22, 1970, AND REQUESTED THAT YOU CONTACT HIS OFFICE TO COMPLETE PARTICULAR ARRANGEMENTS NECESSARY TO SHIP YOUR AUTOMOBILE.

WITH YOUR CLAIM YOU SUBMITTED A RECEIPT DATED JUNE 6, 1970, WHICH SHOWS YOU PAID THE SUM OF 15 POUNDS 19 SHILLINGS FOR FERRY FEES FOR TRANSPORTATION OF YOUR VEHICLE FROM HARWICH, ENGLAND, TO BREMERHAVEN, GERMANY. YOU ALSO PAID THE SUM OF $138.77 FOR GOVERNMENT SHIPMENT OF YOUR VEHICLE ON SPACE AVAILABLE BASIS FROM BREMERHAVEN TO HEADQUARTERS, MILITARY OCEAN TERMINAL, BAYONNE, NEW JERSEY.

YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF SHIPPING YOUR AUTOMOBILE WAS DISALLOWED BY SETTLEMENT DATED FEBRUARY 17, 1971, FOR THE REASON THAT PARAGRAPH 58302, NAVY SUPPLY SYSTEMS COMMAND MANUAL PROHIBITS SHIPMENT AT GOVERNMENT EXPENSE OF FOREIGN MADE VEHICLES PURCHASED BY DEPARTMENT OF DEFENSE PERSONNEL OR THEIR DEPENDENTS OVERSEAS EXCEPT WHERE MEMBER IS STATIONED IN A SPECIFIC AREA LISTED IN SUBPARAGRAPH 4B THEREOF. ALSO, IT WAS EXPLAINED IN THE SETTLEMENT THAT PARAGRAPH M11002, JOINT TRAVEL REGULATIONS, PROVIDES THAT REIMBURSEMENT FOR COMMERCIAL TRANSPORTATION PROCURED AT PERSONAL EXPENSE IS NOT AUTHORIZED.

IN YOUR PRESENT LETTER YOU SAY THAT YOU HAD READ PARAGRAPH 58302 NAVY SUPPLY SYSTEMS COMMAND MANUAL AND BECAUSE OF IT YOU REQUESTED A SPECIAL WAIVER, DUE TO THE LOCATION OF YOUR ISOLATED DUTY STATION IN PEMBROKE, WALES. FURTHER YOU SAY THE CHIEF OF NAVAL OPERATIONS APPROVED YOUR REQUEST AND THAT DUE TO THE RECEIPT OF YOUR ORDERS OF APRIL 8, 1970, AND THE COMMAND TO WHICH YOU WERE ATTACHED, YOU SHIPPED YOUR AUTOMOBILE THROUGH U.S. MILITARY CHANNELS BY FERRY TO BREMERHAVEN, GERMANY, THENCE, TO U.S. ARMY DEPOT, BAYONNE, NEW JERSEY. ALSO YOU SAY YOU WERE INFORMED BY THE U.S. NAVAL ACTIVITIES, UNITED KINGDOM, THAT BY SHIPPING IT THROUGH U.S. GOVERNMENT CHANNELS YOU WOULD BE REIMBURSED FOR THE EXPENSES WHEN YOU RECEIVED YOUR LETTER OF APPROVAL FROM THE CHIEF OF NAVAL OPERATIONS.

SECTION 2634 OF TITLE 10, U.S.C. IS AUTHORITY FOR TRANSOCEANIC SHIPMENT OF PRIVATELY OWNED VEHICLES OF MEMBERS OF THE ARMED FORCES. IT PROVIDES THAT WHEN A MEMBER OF AN ARMED FORCE IS ORDERED TO MAKE A CHANGE OF PERMANENT STATION, ONE MOTOR VEHICLE OWNED BY THE MEMBER AND FOR HIS PERSONAL USE OR FOR THE USE OF HIS DEPENDENTS MAY BE TRANSPORTED, AT THE EXPENSE OF THE UNITED STATES, TO HIS NEW STATION OR SUCH OTHER PLACE AS THE SECRETARY CONCERNED MAY AUTHORIZE VIA GOVERNMENT-PROCURED AMERICAN FLAG SHIPPING FACILITIES, OR VIA GOVERNMENT-PROCURED FOREIGN FLAG SHIPPING FACILITIES IF GOVERNMENT OWNED OR GOVERNMENT-PROCURED AMERICAN FLAG SHIPPING FACILITIES ARE NOT REASONABLY AVAILABLE.

REGULATIONS IMPLEMENTING THE STATUTORY PROVISIONS ARE CONTAINED IN CHAPTER 11 OF THE JOINT TRAVEL REGULATIONS AND THOSE REGULATIONS CONTEMPLATE THAT THE SHIPMENT OF AUTOMOBILES TO AND FROM OVERSEAS AREAS FOR MEMBERS OF AN ARMED FORCE WILL BE ARRANGED FOR AND EFFECTED BY THE APPROPRIATE TRANSPORTATION OFFICER. PARAGRAPH M11002-1 OF THE REGULATIONS PROVIDES SPECIFICALLY THAT REIMBURSEMENT FOR COMMERCIAL TRANSPORTATION PROCURED AT PERSONAL EXPENSE IS NOT AUTHORIZED EXCEPT IN SITUATIONS DESCRIBED IN PARAGRAPH M11007, WHICH ARE NOT PERTINENT HERE.

THE GOVERNING LAW AND REGULATIONS CONTAIN NO PROVISION FOR REIMBURSING MILITARY MEMBERS WHO EFFECT SHIPMENT OF THE PRIVATELY OWNED AUTOMOBILES ON THEIR OWN VOLITION AND RESPONSIBILITY, REGARDLESS OF THE PARTICULAR CIRCUMSTANCES INVOLVED. PRESUMABLY IT WAS FOR THIS REASON THAT THE COMMANDER, U.S. NAVAL ACTIVITIES, UNITED KINGDOM, IN HIS LETTER TO YOU OF JUNE 12, 1970, REQUESTED THAT YOU CONTACT HIS OFFICE TO COMPLETE PARTICULAR ARRANGEMENTS TO SHIP YOUR AUTOMOBILE. THE RECORD SHOWS, HOWEVER, THAT YOU HAD ALREADY SHIPPED YOUR VEHICLE PRIOR TO THAT DATE.

SINCE YOU ARRANGED FOR SHIPMENT OF YOUR AUTOMOBILE FROM HARWICH, PEMBROKE, ENGLAND, TO BREMERHAVEN, GERMANY, YOURSELF AT PERSONAL EXPENSE, REIMBURSEMENT IS NOT AUTHORIZED. SEE 45 COMP. GEN. 39 (1965) COPY ENCLOSED. ACCORDINGLY THERE IS NO LEGAL BASIS TO ALLOW YOUR CLAIM FOR THE FERRY FARE.

CONCERNING YOUR CLAIM FOR REIMBURSEMENT OF THE SUM OF $138.77 WHICH YOU PAID FOR GOVERNMENT SHIPMENT OF YOUR AUTOMOBILE FROM BREMERHAVEN, TO BAYONNE, NEW JERSEY, ON SPACE AVAILABLE BASIS, THE RECORD INDICATES THAT YOUR VEHICLE WAS SHIPPED IN ACCORDANCE WITH PARAGRAPH 58302-4C OF NAVY SUPPLY SYSTEMS COMMAND MANUAL. THIS PROVISION SO FAR AS HERE PERTINENT PROVIDES THAT NAVY MEMBERS MAY SHIP A FOREIGN MADE PRIVATELY OWNED VEHICLE, NOT OTHERWISE COMING WITHIN THE PURVIEW OF SUBPARAGRAPH 4B ON A SPACE AVAILABLE BASIS AT A COST PRESCRIBED IN SUBPARAGRAPH 2 OF PARAGRAPH 58302.

THE CHIEF OF NAVAL OPERATIONS LETTER OF MAY 22, 1970, RELATING TO THE SHIPMENT OF YOUR AUTOMOBILE, SUGGESTS THAT THE APPLICATION OF PARAGRAPH 58302, NAVY SUPPLY SYSTEM COMMAND MANUAL, WHICH IN GENERAL RESTRICTS SHIPMENT OF FOREIGN MADE VEHICLES AT GOVERNMENT EXPENSE, MAY BE WAIVED IN APPROPRIATE CASES. THERE IS, HOWEVER, NO AUTHORITY IN THE REGULATION TO WAIVE THE RESTRICTION ON SHIPMENT OF FOREIGN VEHICLES. THE SECRETARY OF DEFENSE HAS AUTHORIZED APPROPRIATE AUTHORITY TO WAIVE RESTRICTIONS ON SHIPMENT OF FOREIGN MADE VEHICLES IN CERTAIN CASES. WE UNDERSTAND, HOWEVER, THAT ANY AUTHORITY THAT MAY EXIST FOR SUCH A WAIVER IS NOT FOR APPLICATION IN A CASE WHERE THE VEHICLE WAS NOT PURCHASED FOR USE AT THE DUTY STATION BUT WAS PURCHASED BY A MEMBER SHORTLY BEFORE HIS DEPARTURE FROM HIS DUTY STATION TO THE UNITED STATES UNDER PERMANENT CHANGE OF STATION ORDERS.

SINCE THE RECORD SHOWS THAT YOU PURCHASED YOUR AUTOMOBILE IN LONDON, ENGLAND, ON MARCH 19, 1970, A PERIOD OF 20 DAYS BEFORE THE ISSUANCE OF YOUR ORDERS OF APRIL 8, 1970, THE WAIVER COULD NOT BE PROPERLY MADE IN YOUR CASE. IN THESE CIRCUMSTANCES, REIMBURSEMENT FOR THE COST TO YOU OF SHIPMENT OF YOUR AUTOMOBILE FROM BREMERHAVEN, GERMANY, TO BAYONNE, NEW JERSEY, IS NOT AUTHORIZED.

ACCORDINGLY, THE SETTLEMENT OF FEBRUARY 17, 1971, IS CORRECT AND IS SUSTAINED.