B-111525, FEBRUARY 1, 1954, 33 COMP. GEN. 325

B-111525, FEBRUARY 1, 1954, 33 COMP. GEN. 325

TRANSPORTATION - AUTOMOBILES - STATE DEPARTMENT PERSONNEL - POINTS CONNECTED BY ALL-WEATHER HIGHWAY, FERRY, OR BOTH THE FOREIGN SERVICE REGULATION ISSUED UNDER THE ACT OF AUGUST 13, 1946, WHICH PERMITS FOREIGN SERVICE OFFICERS TO SHIP AUTOMOBILES UPON PERMANENT CHANGE OF STATIONS WHEN ORIGIN AND DESTINATION POINTS ARE NOT CONNECTED BY ALL-WEATHER HIGHWAYS, FERRY, OR AUTOMOBILE, CONTEMPLATES ACTUAL SHIPMENT OF THE VEHICLE BETWEEN THOSE POINTS, AND THEREFORE, A FOREIGN SERVICE OFFICER WHO IS TRANSFERRED FROM MUNICH, GERMANY, TO HALIFAX, NOVA SCOTIA, MAY NOT BE REIMBURSED FOR THE COST OF SHIPPING AN AUTOMOBILE FROM FLINT, MICHIGAN, TO HALIFAX, NOVA SCOTIA, POINTS CONNECTED BY ALL-WEATHER HIGHWAY AND FERRY.

COMPTROLLER GENERAL WARREN TO JOHN M. KAVANAUGH, FEBRUARY 1, 1954:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 1, 1953, REQUESTING RECONSIDERATION OF THE DECISION OF SEPTEMBER 11, 1952, B-111525, SUSTAINING THE DISALLOWANCE OF YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF TRANSPORTING AN AUTOMOBILE FROM FLINT, MICHIGAN TO HALIFAX, NOVA SCOTIA, INCIDENT TO YOUR TRANSFER FROM MUNICH, GERMANY TO HALIFAX. THE DISALLOWANCE OF YOUR CLAIM, AND THE ACTION IN SUSTAINING THAT DISALLOWANCE, WERE BASED PRIMARILY UPON THE PROVISIONS OF THE FOREIGN SERVICE REGULATIONS QUOTED IN THE DECISION OF SEPTEMBER 11, 1952, AND THE FACT THAT THERE IS AN ALL-WEATHER HIGHWAY AND FERRY BETWEEN THE UNITED STATES AND NOVA SCOTIA.

THE BASIS FOR YOUR FORMER REQUEST FOR REVIEW WAS AN ASSERTION THAT THE HIGHWAY BETWEEN FLINT, MICHIGAN AND HALIFAX MIGHT BE IMPASSABLE FOR SHORT PERIODS DURING THE WINTER SEASON AND THEREFORE WAS NOT AN ALL WEATHER HIGHWAY WITHIN THE PURVIEW OF THE FOREIGN SERVICE REGULATIONS. THE DECISION OF SEPTEMBER 11 FOUND SUCH ARGUMENT TO BE WITHOUT MERIT. YOU NOW ARGUE, IN EFFECT THAT SINCE YOU WERE ENTITLED UNDER YOUR TRAVEL ORDERS TO THE SHIPMENT OF AN AUTOMOBILE FROM MUNICH TO HALIFAX, AT GOVERNMENT EXPENSE, PAYMENT FOR SHIPMENT FROM A PLACE OTHER THAN THE OLD OFFICIAL STATION TO THE NEW STATION IS ALLOWABLE WHERE THE COST DOES NOT EXCEED THE COST FROM OLD TO NEW DUTY STATION, NOTWITHSTANDING THE EXISTENCE OF AN ALL -WEATHER HIGHWAY BETWEEN THE ORIGIN

AND DESTINATION POINTS.

SECTION 913 OF THE ACT OF AUGUST 13, 1946, 60 STAT. 1027, 22 U.S.C. 1138, PROVIDES---

THE SECRETARY MAY, NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW, TRANSPORT FOR OR ON BEHALF OF AN OFFICER OR EMPLOYEE OF THE SERVICE, A PRIVATELY OWNED AUTOMOBILE IN ANY CASE WHERE HE SHALL DETERMINE THAT WATER, RAIL, OR AIR TRANSPORTATION OF THE AUTOMOBILE IS NECESSARY OR EXPEDIENT FOR ANY PART OR OF ALL THE DISTANCE BETWEEN POINTS OF ORIGIN AND DESTINATION.

THIS STATUTE IS PERMISSIVE ONLY AND CONFERS NO VESTED RIGHTS IN ANY FOREIGN SERVICE OFFICER TO THE TRANSPORTATION OF AN AUTOMOBILE AT GOVERNMENT EXPENSE, BUT PERMITS SUCH TRANSPORTATION WITHIN THE DISCRETION OF AND UNDER REGULATIONS ESTABLISHED BY THE SECRETARY OF STATE. THE SECRETARY HAS ISSUED, OR CAUSED TO BE ISSUED, REGULATIONS GOVERNING THIS MATTER. SECTION 103.672 (B) OF SUCH REGULATIONS SPECIFICALLY LIMITS PAYMENT FOR TRANSPORTATION OF AN AUTOMOBILE BETWEEN ACTUAL POINTS OF ORIGIN AND DESTINATION, TO THOSE CASES WHERE THE ORIGIN AND DESTINATION ARE NOT "CONNECTED BY A HARD-SURFACED ALL WEATHER HIGHWAY OR BY AUTOMOBILE, FERRY, OR BOTH.' THAT REQUIREMENT OF THE REGULATIONS HAS NOT BEEN MET IN YOUR CASE.

UPON RECONSIDERATION, THE DECISION OF SEPTEMBER 11, 1952, IS ADHERED TO.