B-177503, MAR 14, 1973

B-177503, MAR 14, 1973

MILITARY PERSONNEL - TRANSPORTATION OF PRIVATELY OWNED VEHICLE - ERRONEOUS DENIAL BY SERVICE DECISION ALLOWING IN PART THE CLAIM OF MARY E. DICKEY FOR REIMBURSEMENT OF TRANSPORTATION EXPENSES INCURRED IN SHIPPING HER AUTOMOBILE FROM KODIAK TO ANCHORAGE, AK. WHERE A MEMBER HAS BEEN ERRONEOUSLY DENIED GOVERNMENT SHIPMENT OF A PRIVATELY OWNED VEHICLE AND THE MEMBER HAS SHIPPED THE VEHICLE AT PERSONAL EXPENSE, PARTIAL REIMBURSEMENT IS AUTHORIZED IN THE AMOUNT THAT THE SERVICE CONCERNED WOULD HAVE BEEN CHARGED BY THE MILITARY SEALIFT COMMAND IF IT HAD ARRANGED FOR THE SHIPMENT. 51 COMP. GEN. , B-174007, JUNE 30, 1972. HOWEVER, THERE IS NO AUTHORITY FOR REIMBURSEMENT OF PERSONAL EXPENSES INCURRED IN CONNECTION WITH SUCH TRANSPORTATION. 10 U.S.C. 2634.

TO MISS MARY E. DICKEY:

REFERENCE IS MADE TO YOUR LETTER OF AUGUST 29, 1972, IN WHICH YOU REQUEST RECONSIDERATION OF YOUR CLAIM FOR REIMBURSEMENT OF TRANSPORTATION EXPENSES INCURRED IN SHIPPING YOUR PRIVATE AUTOMOBILE FROM KODIAK TO ANCHORAGE, ALASKA, WHICH WAS DISALLOWED BY SETTLEMENT DATED APRIL 4, 1972. YOU STATE THAT YOUR REQUEST IS MADE IN VIEW OF OUR DECISION B-174007 OF JUNE 30, 1972.

THE RECORD INDICATES THAT BY BUPERS ORDER 143830 DATED JULY 22, 1971, YOU WERE ORDERED TO PROCEED TO THE NEAREST PORT OF DEBARKATION FOR TEMPORARY DUTY IN CONNECTION WITH SEPARATION PROCESSING. BY SECOND ENDORSEMENT TO THIS ORDER, YOU WERE AUTHORIZED TO TRAVEL BY PRIVATELY OWNED VEHICLE VIA THE ALASKAN HIGHWAY FROM ANCHORAGE, ALASKA, TO YOUR ULTIMATE DUTY STATION IN THE CONTINENTAL UNITED STATES OR PORT OF EMBARKATION.

IN ACCORD WITH THE ABOVE ORDERS AND PURSUANT TO PARAGRAPH M11002-1 OF THE JOINT TRAVEL REGULATIONS, WHICH IMPLEMENTS 10 U.S.C. 2634, THE STATUTORY AUTHORITY FOR TRANSOCEANIC SHIPMENT AT GOVERNMENT EXPENSE OF PRIVATELY OWNED VEHICLES OF MEMBERS OF THE ARMED FORCES, YOU REQUESTED THAT YOUR AUTOMOBILE BE SHIPPED FROM ADAK, WHERE YOU WERE STATIONED, TO ANCHORAGE, ALASKA, FROM WHERE YOU WOULD PROCEED BY AUTOMOBILE TO YOUR SEPARATION STATION. YOUR AUTOMOBILE WAS LOADED ABOARD A VESSEL AT ADAK AND SHIPPED TO KODIAK. AT KODIAK IT WAS TO BE PLACED ABOARD ANOTHER VESSEL FOR SHIPMENT TO ITS DESTINATION, ANCHORAGE, ALASKA. HOWEVER, DUE TO A STRIKE BY WEST COAST DOCK WORKERS, THE AUTOMOBILE, WHICH HAD BEEN UNLOADED, COULD NOT BE PLACED ABOARD A VESSEL AT KODIAK FOR SHIPMENT TO ANCHORAGE.

THE RECORD SHOWS THAT SINCE YOU WERE DESIROUS OF USING YOUR PRIVATE AUTOMOBILE TO TRAVEL TO YOUR SEPARATION STATION, YOU WERE ADVISED BY THE HOUSEHOLD GOODS AND PERSONAL PROPERTY SHIPPING OFFICER AT FORT RICHARDSON, ALASKA, TO GO TO KODIAK AND ARRANGE TO HAVE YOUR VEHICLE TRANSPORTED TO ANCHORAGE. SUBSEQUENTLY, YOU TRAVELED VIA COMMERCIAL AIR TO KODIAK AND APPARENTLY ACCOMPANIED YOUR VEHICLE ON THE FERRY FROM KODIAK TO ANCHORAGE.

YOUR CLAIM FOR REIMBURSEMENT TOTALING $88, INCLUDING $20 AIR FARE FROM ANCHORAGE TO KODIAK, $13 FERRY PASSAGE, $5 COST OF MEALS, $6 TAXI FARE, AND $44 FERRY CHARGE FOR YOUR VEHICLE WAS DISALLOWED BY OUR TRANSPORTATION AND CLAIMS DIVISION. THE REASON FOR THE DISALLOWANCE WAS THAT JOINT TRAVEL REGULATIONS, PARAGRAPH M11002-1, IN EFFECT AT THE TIME INVOLVED AND IN ACCORD WITH OUR PRIOR DECISIONS, STATED THAT REIMBURSEMENT FOR COMMERCIAL TRANSPORTATION PROCURED AT PERSONAL EXPENSE IS NOT AUTHORIZED.

HOWEVER, THIS OFFICE HELD IN DECISION OF JUNE 30, 1972, B-174007 (51 COMP. GEN. 838), COPY ENCLOSED, THAT WHERE A MEMBER HAS BEEN ERRONEOUSLY DENIED GOVERNMENT SHIPMENT OF A PRIVATELY OWNED VEHICLE AND THE MEMBER HAS SHIPPED THE VEHICLE AT PERSONAL EXPENSE, PARTIAL REIMBURSEMENT IS AUTHORIZED IN THE AMOUNT THAT THE SERVICE CONCERNED WOULD HAVE BEEN CHARGED BY THE MILITARY SEALIFT COMMAND IF IT HAD ARRANGED FOR THE SHIPMENT. ACCORDINGLY, IT IS CONCLUDED THAT YOU ARE ENTITLED TO REIMBURSEMENT ON THAT BASIS FOR THE SHIPMENT OF YOUR VEHICLE FROM KODIAK TO ANCHORAGE. INASMUCH AS 10 U.S.C. 2634 AUTHORIZES ONLY THE TRANSPORTATION AT GOVERNMENT EXPENSE OF A PRIVATELY OWNED VEHICLE, THERE IS NO AUTHORITY FOR REIMBURSEMENT OF PERSONAL EXPENSES INCURRED IN CONNECTION WITH SUCH TRANSPORTATION. IN THE ABSENCE OF AUTHORITY FOR SUCH REIMBURSEMENT, PERSONAL COSTS INCURRED BY YOU IN ORDER TO HAVE YOUR VEHICLE AVAILABLE FOR YOUR TRAVEL VIA THE ALASKAN HIGHWAY ARE NOT FOR ALLOWANCE.

THEREFORE, WE ARE INSTRUCTING OUR TRANSPORTATION AND CLAIMS DIVISION TO DETERMINE THE CHARGE THAT WOULD HAVE BEEN MADE TO TRANSPORT YOUR VEHICLE FROM KODIAK TO ANCHORAGE, AND TO ISSUE A SETTLEMENT IN YOUR FAVOR ON THAT BASIS.