B-138106, DEC 30, 1958

B-138106, DEC 30, 1958

PRECIS-UNAVAILABLE

WILLIAM D. GOSHEN:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 21, 1958, REQUESTING REVIEW OF THE SETTLEMENT OF OCTOBER 16, 1958, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF SHIPPING YOUR AUTOMOBILE BY COMMERCIAL VESSEL FROM JACKSONVILLE, FLORIDA, TO SAN JUAN, PUERTO RICO.

BY ORDERS DATED MAY 19, 1958, YOU WERE TRANSFERRED FROM MIAMI, FLORIDA, TO THE C. G. C. SAGEBRUSH (WACL-399) FOR DUTY, SUCH TRANSFER CONSTITUTING A PERMANENT CHANGE OF STATION TO SAN JUAN, PUERTO RICO. ON MAY 20, 1958, YOUR AUTOMOBILE WAS PLACED ABOARD A COMMERCIAL VESSEL AT JACKSONVILLE, FLORIDA, AND SHIPPED TO SAN JUAN, PUERTO RICO, AT A PERSONAL EXPENSE OF $217.80. IN PRESENTING YOUR CLAIM FOR REIMBURSEMENT YOU STATED THAT YOU WERE ADVISED THAT PRIVATELY OWNED AUTOMOBILES INTENDED FOR SHIPMENT TO PUERTO RICO ORDINARILY ARE SHIPPED FROM MOBILE, ALABAMA, AND THAT AS YOU WERE GRANTED ONLY ONE DAY'S LEAVE FROM THE VESSEL AT SAVANNAH, GEORGIA, AND DID NOT HAVE TIME TO DELIVER YOUR VEHICLE TO MOBILE, YOU WERE FURTHER ADVISED TO SHIP IT FROM JACKSONVILLE AT PERSONAL EXPENSE. IN YOUR PRESENT LETTER YOU PLACE RELIANCE ON THE ACT OF MAY 28, 1956, 46 U.S.C. A. 1241(C), AS AUTHORITY FOR THE PAYMENT OF YOUR CLAIM.

REGULATIONS IMPLEMENTING THE PROVISIONS OF SECTION 30 OF THE ACT OF AUGUST 2, 1946, 60 STAT. 847 (REPEALED AND REENACTED INSOFAR AS THE COAST GUARD IS CONCERNED BY THE ACT OF AUGUST 10, 1956, 70A STAT. 624, AS 14 U.S.C. 471A), AND THE ACT OF MAY 28, 1956, 70 STAT. 187, 46 U.S.C. 1241(C), RELATING TO THE TRANSPORTATION OF PRIVATELY OWNED VEHICLES FOR COAST GUARD PERSONNEL, ARE CONTAINED IN THE COAST GUARD TRAVEL MANUAL. PARAGRAPHS B08801 AND B08807 OF SUCH REGULATIONS PROVIDE, IN PERTINENT PART, AS FOLLOWS:

"B08801 AUTHORITY

"1. FOR MEMBERS WHEN TRANSFERRED TO, FROM, OR BETWEEN OVERSEAS AREAS

"A. VIA GOVERNMENT OWNED VESSELS. TRANSPORTATION OF PRIVATELY OWNED MOTOR VEHICLES OF MEMBERS ORDERED TO MAKE A PCS TO, FROM, OR BETWEEN OVERSEAS AREAS MAY BE AUTHORIZED TO THE NEW STATION ON GOVERNMENT OWNED VESSELS, FREE OF LADING AND OCEAN TRANSPORTATION CHARGES.

"B. VIA PRIVATE AMERICAN SHIPPING SERVICES. PUBLIC LAW 538, 84TH CONGRESS, APPROVED 28 MAY 1956, PERMITS UTILIZATION OF PRIVATE AMERICAN SHIPPING SERVICES FOR TRANSPORTATION OF PRIVATELY OWNED MOTOR VEHICLES AT GOVERNMENT EXPENSE, UNDER CERTAIN CIRCUMSTANCES. SEE PARA B08807.

"B08807 SHIPMENT VIA PRIVATE AMERICAN SHIPPING SERVICES

"1. ENTITLEMENT. WHENEVER THE APPROPRIATE NSTS CARGO MASTER DETERMINES THAT CARGO SPACE IS NOT AVAILABLE OR WHENEVER SHIPMENT IS MADE FROM OR TO AN AREA NOT SERVICED BY NSTS, THE VEHICLE MAY BE CONSIGNED TO A COMMERCIAL U. S. FLAG VESSEL. THE MEMBERS WILL BE ADVISED BY THE SHIPPING OFFICER AS TO THE PARTICULAR VESSEL, PORT OF EMBARKATION, AND SAILING DATE.

"2. DELIVERY OF THE MOTOR VEHICLE TO A COMMERCIAL VESSEL.

THE OWNER WILL BE RESPONSIBLE FOR THE DELIVERY OF THE MOTOR VEHICLE TO THE PORT DESIGNATED. ALL EXPENSES INCIDENTAL TO THIS DELIVERY WILL BE BORNE BY THE OWNER. ***"

PARAGRAPHS B08804 AND B08805 OF THE REGULATIONS PROVIDE THAT REQUESTS BY MEMBERS FOR SHIPMENT OF MOTOR VEHICLES WILL BE SUBMITTED ON DD FORM 828, MOTOR VEHICLE SHIPMENT APPLICATION AND THAT THE APPLICATION, WITH A COPY OF THE CHANGE OF STATION ORDERS, WILL BE SUBMITTED TO THE SHIPPING OFFICER CONCERNED WHO WILL SUBMIT THE REQUEST TO THE COMMANDING OFFICER OF THE APPROPRIATE SHIPPING ACTIVITY. IT IS FURTHER PROVIDED THAT THE APPROPRIATE SHIPPING ACTIVITY WILL ESTABLISH A PRIORITY LIST, ENTERING APPLICATIONS IN THE ORDER IN WHICH THEY ARE RECEIVED, AND THAT THE APPLICANT WILL BE FURNISHED INSTRUCTIONS FOR DELIVERY OF THE VEHICLE TO THE DESIGNATED PORT AT THE SPECIFIED TIME.

WHILE THE STATUTE AND REGULATIONS PROVIDE FOR TRANSOCEAN SHIPMENT AT GOVERNMENT EXPENSE OF PRIVATELY OWNED VEHICLES ON COMMERCIAL AMERICAN VESSELS WHEN GOVERNMENT CARGO SPACE IS NOT AVAILABLE, BOTH THE STATUTE AND REGULATIONS CONTEMPLATE THAT ARRANGEMENTS FOR SUCH SHIPMENT WILL BE MADE BY THE APPROPRIATE SHIPPING OFFICER AFTER A DETERMINATION HAS BEEN MADE THAT GOVERNMENT CARGO SPACE IS NOT AVAILABLE. NEITHER THE STATUTE NOR THE REGULATIONS CONTAIN ANY PROVISION FOR REIMBURSING A MEMBER WHO MAKES HIS OWN ARRANGEMENTS FOR SHIPPING HIS VEHICLE ON A COMMERCIAL VESSEL. IN THAT CONNECTION, IT MAY BE POINTED OUT THAT THE REGULATIONS DO NOT GIVE THE MEMBER A RIGHT TO HAVE HIS VEHICLE SHIPPED CONCURRENTLY AT THE TIME OF HIS TRANSFER, BUT PROVIDE FOR SHIPMENT ON A PRIORITY BASIS IN THE ORDER IN WHICH HIS APPLICATION IS RECEIVED. HENCE, ANY PERSONAL TIME LIMITATIONS INCIDENT TO YOUR TRANSFER CONSTITUE NO LEGAL BASIS FOR YOU TO SHIP THE VEHICLE BY A COMMERCIAL VESSEL, RATHER THAN SUBMITTING AN APPLICATION FOR SHIPMENT AND AWAITING SHIPPING INSTRUCTIONS AS PRESCRIBED BY THE REGULATIONS.

ACCORDINGLY, SINCE THERE IS NO AUTHORITY FOR REIMBURSING OWNERS WHO EFFECT SHIPMENT OF THEIR VEHICLES ON COMMERCIAL VESSELS, YOU MAY NOT BE REIMBURSED FOR ANY OF THE CHARGES INCURRED BY YOU IN TRANSPORTING YOUR AUTOMOBILE FROM JACKSONVILLE TO SAN JUAN. NEITHER THE PERSONAL CONSIDERATIONS WHICH INDUCED YOU TO SHIP YOUR AUTOMOBILE IN A MANNER NOT CONTEMPLATED BY THE LAW AND REGULATIONS NOR THE FACT THAT IT MAY HAVE BEEN SUGGESTED TO YOU THAT YOU PURSUE SUCH A COURSE FOR YOUR PERSONAL CONVENIENCE, MAY BE CONSIDERED AS DETERMINING YOUR RIGHTS IN THE MATTER.

FOR THE FOREGOING REASONS, THE SETTLEMENT OF OCTOBER 16, 1958, IS SUSTAINED.