B-99595, MAY 19, 1960

B-99595: May 19, 1960

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THE ARMY REGULATIONS IN EFFECT UPON THE DATE OF YOUR TRAVEL ORDERS WHICH WERE ISSUED FEBRUARY 24. THE VEHICLE MUST HAVE BEEN SHIPPED OVERSEAS PRIOR TO SEPTEMBER 1. THERE IS NO AUTHORITY FOR THE SHIPMENT OF PRIVATELY OWNED VEHICLES OF CIVILIAN EMPLOYEES ON COMMERCIAL CARRIERS AT GOVERNMENT EXPENSE. 46 U.S.C. 1241 (A) PROHIBITS TRANSPORTATION OF EFFECTS OF EMPLOYEES OF THE UNITED STATES ON FOREIGN SHIPS WHEN AMERICAN SHIPS ARE AVAILABLE. IN THE EVENT TRANSPORTATION IS BY A FOREIGN SHIP IN VIOLATION OF THAT SECTION NO PART OF THE OCEAN TRANSPORTATION IS ALLOWABLE. OUR OFFICE IS WITHOUT AUTHORITY TO AUTHORIZE REIMBURSEMENT CONTRARY TO VALID REGULATIONS OF THE DEPARTMENT OF THE ARMY ON THE BASIS OF INEQUITIES THAT MAY RESULT THEREFROM.

B-99595, MAY 19, 1960

TO MR. GEORGE S. YATES:

YOUR LETTER OF MARCH 28, 1960, RELATES TO OUR OFFICE SETTLEMENT OF MARCH 17, 1960, WHICH DISALLOWED YOUR CLAIM FOR TRANSPORTATION OF YOUR PRIVATELY OWNED AUTOMOBILE FROM GERMANY TO THE UNITED STATES BY COMMERCIAL CARRIER UPON YOUR SEPARATION FROM THE SERVICE AS A CIVILIAN EMPLOYEE OF THE DEPARTMENT OF THE ARMY.

TRAVEL ORDER AENGA-CP NO. 10-1200, DATED OCTOBER 29, 1959, AUTHORIZED YOU TO SHIP A PRIVATELY OWNED AUTOMOBILE IN ACCORDANCE WITH AR-55-76 ON A SPACE AVAILABLE BASIS AT NO EXPENSE TO THE GOVERNMENT. THE ARMY REGULATIONS IN EFFECT UPON THE DATE OF YOUR TRAVEL ORDERS WHICH WERE ISSUED FEBRUARY 24, 1959, AMENDED PRIOR REGULATIONS OF SEPTEMBER 26, 1955, TO THE EXTENT THAT IN ORDER TO BE ELIGIBLE FOR RETURN SHIPMENT OF A PRIVATELY OWNED AUTOMOBILE TO THE UNITED STATES ON A GOVERNMENT-OWNED SHIP ON A SPACE AVAILABLE AND NONREIMBURSABLE BASIS, THE VEHICLE MUST HAVE BEEN SHIPPED OVERSEAS PRIOR TO SEPTEMBER 1, 1952. ALTHOUGH YOU PURCHASED YOUR AUTOMOBILE OVERSEAS IN 1956 YOU BELIEVE THAT SINCE YOU ARRIVED OVERSEAS ON JANUARY 12, 1951, AND SERVED AT OVERSEAS POSTS CONTINUOUSLY UNTIL YOUR SEPARATION FROM THE SERVICE YOU BELIEVE THE AMENDED ORDERS SHOULD NOT APPLY TO YOU.

THE RECORD SHOWS YOU TRANSPORTED YOUR AUTOMOBILE FROM BREMERHAVEN BY COMMERCIAL CARRIER ON THE SS. FINNMERCHAT, A FINNISH FLAG VESSEL. THERE IS NO AUTHORITY FOR THE SHIPMENT OF PRIVATELY OWNED VEHICLES OF CIVILIAN EMPLOYEES ON COMMERCIAL CARRIERS AT GOVERNMENT EXPENSE. ADDITIONALLY, SECTION 901 OF THE MERCHANT MARINE ACT OF 1936, AS AMENDED, 46 U.S.C. 1241 (A) PROHIBITS TRANSPORTATION OF EFFECTS OF EMPLOYEES OF THE UNITED STATES ON FOREIGN SHIPS WHEN AMERICAN SHIPS ARE AVAILABLE. IN THE EVENT TRANSPORTATION IS BY A FOREIGN SHIP IN VIOLATION OF THAT SECTION NO PART OF THE OCEAN TRANSPORTATION IS ALLOWABLE. MOREOVER, OUR OFFICE IS WITHOUT AUTHORITY TO AUTHORIZE REIMBURSEMENT CONTRARY TO VALID REGULATIONS OF THE DEPARTMENT OF THE ARMY ON THE BASIS OF INEQUITIES THAT MAY RESULT THEREFROM.

THEREFORE, THE DISALLOWANCE OF YOUR CLAIM WAS PROPER AND UPON REVIEW, THE SETTLEMENT IS SUSTAINED.