B-180631, NOV 12, 1974

B-180631: Nov 12, 1974

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WHEN ARMY OFFICER'S PRIVATELY OWNED VEHICLE (POV) WAS SHIPPED AT GOVERNMENT EXPENSE TO CONTINENTAL UNITED STATES AFTER RECEIVING ORDERS TRANSFERRING HIM FROM GERMANY TO KOREA AND HIS POV WAS MISSHIPPED TO KOREA AFTER HIS TRANSFER WAS CANCELLED. THERE IS NO LEGAL BASIS UPON WHICH TO ALLOW CLAIM. IT DOES NOT HAVE SUCH ELEMENTS OF LEGAL LIABILITY OR EQUITY AS TO WARRANT SUBMISSION TO CONGRESS AS A MERITORIOUS CLAIM UNDER THE MERTORIOUS CLAIMS ACT OF 1928. JASKIEWICZZ: THIS ACTION IS IN RESPONSE TO THE CLAIM OF AN ARMY OFFICER FOR REIMBURSEMENT OF "ACCUMULATED EXPENSES" IN THE AMOUNT OF $3. THE CLAIM WAS FORWARDED TO THE TRANSPORTATION AND CLAIMS DIVISION OF THE GENERAL. BASED ON THESE ORDERS HIS POV WAS SHIPPED AT GOVERNMENT EXPENSE TO THE UNITED STATES.

B-180631, NOV 12, 1974

WHEN ARMY OFFICER'S PRIVATELY OWNED VEHICLE (POV) WAS SHIPPED AT GOVERNMENT EXPENSE TO CONTINENTAL UNITED STATES AFTER RECEIVING ORDERS TRANSFERRING HIM FROM GERMANY TO KOREA AND HIS POV WAS MISSHIPPED TO KOREA AFTER HIS TRANSFER WAS CANCELLED, HE CLAIMS $3,500 FOR TRANSPORTATION COSTS WHILE WITHOUT HIS POV. THERE IS NO LEGAL BASIS UPON WHICH TO ALLOW CLAIM, AND IT DOES NOT HAVE SUCH ELEMENTS OF LEGAL LIABILITY OR EQUITY AS TO WARRANT SUBMISSION TO CONGRESS AS A MERITORIOUS CLAIM UNDER THE MERTORIOUS CLAIMS ACT OF 1928.

COSTS INCIDENT TO MISSHIPMENT OF PRIVATELY OWNED VEHICLE UNDER MERITORIOUS CLAIMS ACT - CAPTAIN JOSEPH R. JASKIEWICZZ:

THIS ACTION IS IN RESPONSE TO THE CLAIM OF AN ARMY OFFICER FOR REIMBURSEMENT OF "ACCUMULATED EXPENSES" IN THE AMOUNT OF $3,500.00 DUE TO THE MISSHIPMENT OF HIS PRIVATELY OWNED VEHICLE (POV). THE CLAIM WAS FORWARDED TO THE TRANSPORTATION AND CLAIMS DIVISION OF THE GENERAL, ACCOUNTING OFFICE BY THE FIELD SERVICES OFFICE, UNITED STATES ARMY FINANCE SUPPORT AGENCY, INDIANAPOLIS, INDIANA, FOR CONSIDERATION UNDER THE PROVISIONS OF THE MERITORIOUS CLAIMS ACT OF 1928, 31 U.S.C, 236 (1970).

THE RECORD INDICATES THAT CAPTAIN JOSEPH R. JASKIEWICZ, WHILE STATIONED IN GERMANY, RECEIVED ORDERS DATED MARCH 3, 1971, FOR TRANSFER TO KOREA. BASED ON THESE ORDERS HIS POV WAS SHIPPED AT GOVERNMENT EXPENSE TO THE UNITED STATES, AND IT ARRIVED IN PHILADELPHIA ON APRIL 2, 1971. HOWEVER, ON APRIL 12, 1971, CAPTAIN JASKIEWICZ'S ORDERS TRANSFERRING HIM TO KOREA WERE CANCELLED, AND HE REQUESTED ON APRIL 13, 1971, THAT HIS POV BE RETURNED TO GERMANY. HOWEVER, HIS POV WAS MISSHIPPED TO KOREA ON MAY 28, 1971, AND CAPTAIN JASKIEWICZ DID NOT RECOVER IT UNTIL DECEMBER 21, 1971, AT BAYONNE, NEW JERSEY. THE MEMBER CLAIMS THAT IT WAS A 30-MILE DRIVE BETWEEN HIS HOME AND DUTY STATION IN GERMANY, AND THAT HE SOMETINES MADE A ROUND TRIP TWO OR THREE TIMES A DAY BECAUSE OF HIS DUTIES AS A CLASSIFIED DOCUMENT CUSTODIAN. CAPTAIN JASKIEWICZ ALSO CLAIMS IT WAS A 10-MILE DRIVE BETWEEN HIS HOME AND THE COMMISSARY AND THE POST EXCHANGE. THUS, HE SAYS HE DROVE AN AVERAGE OF 3,000 MILES A MONTH. DURING THE APPROXIMATELY NINE MONTHS HE WAS WITHOUT HIS POV HE SAYS THAT HIS TRANSPORTATION EXPENSES INCLUDED RIDES ON TRAINS AND BUSES AND IN CAR POOLS AND BORROWED VEHICLES. THE MEMBER ALSO SEEKS TO RECOVER THE MONEY HE PAID FOR THE INSURANCE POLICY ON HIS POV FOR WHICH THE ANNUAL PREMIUM WAS APPROXIMATELY $250. THE TOTAL AMOUNT CLAIMED IS $3,500. THE STATUTORY AUTHORITY FOR THE SHIPMENT OF A MEMBER'S POV IS CONTAINED IN 10 U.S.C. 2643 (1970) WHICH PROVIDES FOR THE SHIPMENT BY VESSEL OF ONE MOTOR VEHICLE INCIDENT TO A MEMBER'S CHANGE OF PERMANENT STATION, AT GOVERNMENT EXPENSE. REGULATIONS IMPLEMENTING THIS PROVISION ARE CONTAINED IN 1 JOINT TRAVEL REGULATIONS, CHAPTER 11. THESE REGULATIONS CONTEMPLATE THAT THE SHIPMENT OF A VEHICLE BY VESSEL INCLUDING PORT HANDLING CHARGES SHALL BE AT NO EXPENSE TO THE MEMBER (PARA. M11000-2). HOWEVER, THE GOVERNING LAWS AND REGULATIONS CONTAIN NO PROVISION FOR REIMBURSING A MEMBER FOR EXPENSES SUCH AS SET FORTH BY CAPTAIN JASKIEWICZ, WHICH RESULT FROM NOT HAVING HIS VEHICLE AVAILABLE FOR HIS USE. THE LIABILITY OF THE GOVERNMENT IS LIMITED TO THAT PROVIDED BY THE LAW AND REGULATIONS, THEREFORE, ABSENT SUCH AUTHORITY, THERE IS NO LEGAL BASIS ON WHICH TO PAY THIS CLAIM.

THE MERITORIOUS CLAIMS ACT PROVIDES THAT WHEN A CLAIM AGAINST THE UNITED STATES IS FILED IN THE GENERAL ACCOUNTING OFFICE THAT MAY NOT BE LAWFULLY ADJUSTED BY USE OF AN APPROPRIATION THERETOFORE MADE, BUT WHICH CLAIM IN THE JUDGMENT OF THE COMPTROLLER GENERAL OF THE UNITED STATES CONTAINS SUCH ELEMENTS OF LEGAL LIABILITY OR EQUITY AS TO BE DESERVING OF THE CONSIDERATION OF THE CONGRESS, IT SHALL BE SUBMITTED TO THE CONGRESS WITH HIS RECOMMENDATIONS. THE REMEDY IS AN EXTRAORDINARY ONE AND IS USED IN CASES INVOLVING CIRCUMSTANCES OF AN UNUSUAL NATURE UNLIKELY TO RECUR. REPORT TO THE CONGRESS A PARTICULAR CASE WHEN SIMILAR EQUITIES EXIST OR ARE LIKELY TO ARISE WITH RESPECT TO OTHER CLAIMANTS WOULD CONSTITUTE PREFERENTIAL TREATMENT OVER OTHERS IN SIMILAR CIRCUMSTANCES.

BASED ON THE INFORMATION SUBMITTED IT IS NOT CONSIDERED THAT THIS CLAIM IS UNUSUAL IN NATURE OR UNLIKELY TO RECUR. WHILE WE APPRECIATE THE UNFORTUNATE CIRCUMSTANCES IN THIS CASE, THERE HAVE BEEN A NUMBER OF OTHER CASES IN WHICH MEMBERS HAVE INCURRED SIMILAR NONREIMBURSABLE EXPENSES. ADDITION, INDIVIDUAL INCONVENIENCE DUE TO DELAYS IN TRANSPORTATION IS NOT UNUSUAL.

ACCORDINGLY, IT IS NOT BELIEVED THAT IT WOULD BE APPROPRIATE TO SUBMIT A RECOMMENDATION TO THE CONGRESS FOR THE RELIEF OF CAPTAIN JASKIEWICZ UNDER THE MERITORIOUS CLAIMS ACT.