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B-158238, FEB. 7, 1966

B-158238 Feb 07, 1966
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USAF: FURTHER REFERENCE IS MADE TO YOUR LETTER OF RECENT DATE IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF OCTOBER 28. YOUR AUTOMOBILE WAS SHIPPED INCIDENT TO PARAGRAPH 2. YOUR AUTOMOBILE WAS SHIPPED FROM NEW YORK. IT WAS PLACED IN COMMERCIAL STORAGE AT NAPLES AND LATER SHIPPED TO TRIPOLI AT YOUR EXPENSE. IN THE SETTLEMENT IT WAS STATED THAT THE STATUTORY AUTHORITY FOR TRANSOCEANIC SHIPMENT AT GOVERNMENT EXPENSE OF PRIVATELY OWNED VEHICLES OF MEMBERS OF THE UNIFORMED SERVICE WAS ENLARGED BY THE ACT OF MAY 28. TO PROVIDE THAT PRIVATELY OWNED AMERICAN SHIPPING SERVICES MAY BE UTILIZED FOR THE TRANSPORTATION OF MOTOR VEHICLES OWNED BY GOVERNMENT PERSONNEL WHENEVER TRANSPORTATION OF SUCH VEHICLES AT GOVERNMENT EXPENSE IS OTHERWISE AUTHORIZED BY LAW.

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B-158238, FEB. 7, 1966

 

TO CAPTAIN EDWARD J. ST. JOHN, USAF:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF RECENT DATE IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF OCTOBER 28, 1965, WHICH DISALLOWED YOUR CLAIM FOR $350.59 REPRESENTING STORAGE, HANDLING AND SHIPMENT OF YOUR PRIVATELY OWNED AUTOMOBILE FROM NAPLES, ITALY, TO TRIPOLI, LIBYA, INCLUDING FEES AND AUTO RENTAL WHILE AWAITING THE ARRIVAL OF YOUR CAR.

YOUR AUTOMOBILE WAS SHIPPED INCIDENT TO PARAGRAPH 2, SPECIAL ORDER A-229, DECEMBER 5, 1963, AS AMENDED, WHICH TRANSFERRED YOU FROM NIAGARA FALLS, NEW YORK, TO 7272 AIR BASE WING, APO 231, AS A PERMANENT CHANGE OF STATION. YOUR AUTOMOBILE WAS SHIPPED FROM NEW YORK, NEW YORK, TO NAPLES, ITALY, ABOARD THE S.S. CONSTITUTION AT GOVERNMENT EXPENSE. IT WAS PLACED IN COMMERCIAL STORAGE AT NAPLES AND LATER SHIPPED TO TRIPOLI AT YOUR EXPENSE.

IN THE SETTLEMENT IT WAS STATED THAT THE STATUTORY AUTHORITY FOR TRANSOCEANIC SHIPMENT AT GOVERNMENT EXPENSE OF PRIVATELY OWNED VEHICLES OF MEMBERS OF THE UNIFORMED SERVICE WAS ENLARGED BY THE ACT OF MAY 28, 1956, 70 STAT. 187, 46 U.S.C. 1241 (C) (NOW 10 U.S.C. 2634), WHICH AMENDED SECTION 901 OF THE MERCHANT MARINE ACT OF 1956, AS AMENDED, TO PROVIDE THAT PRIVATELY OWNED AMERICAN SHIPPING SERVICES MAY BE UTILIZED FOR THE TRANSPORTATION OF MOTOR VEHICLES OWNED BY GOVERNMENT PERSONNEL WHENEVER TRANSPORTATION OF SUCH VEHICLES AT GOVERNMENT EXPENSE IS OTHERWISE AUTHORIZED BY LAW, AND THAT THE

SECTION 402 OF TITLE 37, U.S. CODE, AUTHORIZES THE PAYMENT OF A BASIC IMPLEMENTING REGULATIONS FOR AIR FORCE PERSONNEL (PARAGRAPH 5804 D AIR FORCE MANUAL 75-4) PROHIBIT REIMBURSEMENT FOR SHIPMENT OF PRIVATELY OWNED VEHICLES AT PERSONAL EXPENSE. (SEE ALSO PARAGRAPH M11002-1 OF THE JOINT TRAVEL REGULATIONS.)

IN YOUR LETTER YOU SAY YOU AGREE WITH THE SETTLEMENT EXCEPT FOR THE STORAGE CHARGES. YOU SAY THE USUAL PROCEDURE UPON SHIPMENT OF A MEMBER'S AUTOMOBILE IS TO ALLOW 45 DAYS FOR PICK-UP BY THE MEMBER OR HIS AGENT; THAT SINCE YOU (AND YOUR AUTOMOBILE) ARRIVED AT NAPLES ON JANUARY 28, 1964, ABOARD THE S.S. CONSTITUTION AND YOUR AGENT PICKED UP THE VEHICLE ON MARCH 11, 1964, IT WAS IN STORAGE FOR 43 DAYS AT A COST OF 59,400 ITALIAN LIRE OR APPROXIMATELY $99, AND YOU BELIEVE THE REGULATIONS ALLOW REIMBURSEMENT OF STORAGE CHARGES.

PARAGRAPH 5807A, AIR FORCE MANUAL 75-4, PROVIDES THAT WHEN PRIVATELY OWNED VEHICLES HAVE BEEN RECEIVED AT DESTINATION, THEY WILL BE PLACED IN A SECURE AREA (GOVERNMENT STORAGE SPACE) UNTIL CALLED FOR BY THE SPONSORS OR AGENTS, OR PLACED IN COMMERCIAL STORAGE PURSUANT TO THE PROVISIONS OF PARAGRAPH 5807B OF THE SAME REGULATION. PARAGRAPH 5807B (1) PROVIDES THAT IF THE PRIVATELY OWNED VEHICLE IS NOT PICKED UP BY THE SPONSOR OR HIS AGENT WITHIN A REASONABLE PERIOD OF TIME (NORMALLY NOT TO EXCEED 45 DAYS FROM THE POSTMARKED DATE OF NOTIFICATION OF ARRIVAL) AND THE STORAGE SPACE IS REQUIRED BY THE UNLOADING MILITARY TERMINAL, THE TERMINAL COMMANDER IS AUTHORIZED TO PLACE THE VEHICLE IN COMMERCIAL STORAGE "AT THE SPONSOR'S EXPENSE.' IT FURTHER PROVIDES THAT ,ANY CHARGES RESULTING FROM SUCH COMMERCIAL STORAGE ARE TO BE ACCEPTED AS A PROPER CHARGE AND ARE PAYABLE BY THE SPONSOR DIRECTLY TO THE STORAGE FIRM CONCERNED.' THE LAW MAKES NO PROVISION FOR STORAGE AT PUBLIC EXPENSE OF PRIVATELY OWNED VEHICLES OF MILITARY PERSONNEL IN COMMERCIAL FACILITIES INCIDENT TO PERMANENT CHANGE OF STATION, NOR DO THE REGULATIONS SUGGEST THAT A SPONSOR MIGHT BE REIMBURSED FOR STORAGE COSTS HE MAY HAVE INCURRED FOR SUCH SERVICES. THUS, STORAGE CHARGES SO INCURRED BY A MEMBER ARE NOT REIMBURSABLE BUT MUST BE BORNE BY THE MEMBER.

ACCORDINGLY, THE SETTLEMENT OF OCTOBER 28, 1965, WAS CORRECT AND IS SUSTAINED.

 

 

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