B-151753, AUG. 7, 1963
Highlights
AT THAT TIME YOU WERE VACATIONING IN EUROPE. THE GOODS WERE SHIPPED BY FOREIGN VESSEL IN JANUARY 1959. ALTHOUGH YOU SAY THE SHIPMENT BY FOREIGN VESSEL RESULTED FROM THE FAULT OF THE SHIPPERS AND WAS NOT AUTHORIZED BY YOU. WHEN AN AMERICAN SHIP IS AVAILABLE. WE ARE AUTHORIZING PAYMENT OF THAT PORTION OF THE TRANSPORTATION COSTS WHICH ARE LEGALLY ALLOWABLE. A SUPPLEMENTAL SETTLEMENT WILL ISSUE FOR THE COST OF THE TRANSPORTATION OF YOUR HOUSEHOLD GOODS.
B-151753, AUG. 7, 1963
TO MR. DAVID PELLER:
YOUR LETTER OF MAY 27, 1963, REQUESTS REVIEW OF OUR SETTLEMENT OF MAY 17, 1963, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES FOR THE TRANSPORTATION OF YOUR HOUSEHOLD GOODS FROM BROOKLYN, NEW YORK, TO CHATEAUROUX, FRANCE, AS AN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE.
THE RECORD SHOWS YOU SIGNED AN AGREEMENT FOR OVERSEAS EMPLOYMENT WITH THE DEPARTMENT OF THE AIR FORCE AT THE TIME OF YOUR APPOINTMENT, ON NOVEMBER 13, 1958. AT THAT TIME YOU WERE VACATIONING IN EUROPE. YOU TRANSPORTED YOUR HOUSEHOLD GOODS OVERSEAS AT YOUR OWN EXPENSE IN THE ABSENCE OF AN ADMINISTRATIVE AUTHORIZATION OR APPROVAL AT THAT TIME. THE GOODS WERE SHIPPED BY FOREIGN VESSEL IN JANUARY 1959. ON SEPTEMBER 24, 1962, AFTER YOUR RETURN FROM THE UNITED STATES ON HOME LEAVE AND UPON THE EXECUTION OF A REEMPLOYMENT AGREEMENT YOU CLAIMED REIMBURSEMENT FOR THE EXPENSES INCURRED IN THAT SHIPMENT.
SECTION 901 OF THE MERCHANT MARINE ACT OF 1936, 46 U.S.C. 1241 (A), PROVIDES THAT OFFICERS AND EMPLOYEES TRAVELING ON OFFICIAL BUSINESS OVERSEAS SHALL TRANSPORT THEIR PERSONAL EFFECTS ON SHIPS REGISTERED UNDER THE LAWS OF THE UNITED STATES. ALTHOUGH YOU SAY THE SHIPMENT BY FOREIGN VESSEL RESULTED FROM THE FAULT OF THE SHIPPERS AND WAS NOT AUTHORIZED BY YOU, THIS SECTION LEAVES US NO CHOICE, WHEN AN AMERICAN SHIP IS AVAILABLE, BUT TO DENY THE ALLOWANCE OF EXPENSES INCURRED ON A FOREIGN SHIP.
ALTHOUGH THE STATUTE PROHIBITS PAYMENT FOR THAT PART OF THE COST OF SHIPMENT OF THE EFFECTS BY A FOREIGN VESSEL IT DOES NOT APPLY TO TRANSPORTATION OVERLAND OR COSTS FOR PACKING AND CRATING AND DRAYAGE FROM THE WAREHOUSE TO SHIPSIDE.
THEREFORE, IN VIEW OF THE DEPARTMENT'S SUBSEQUENT RECOMMENDATION AND APPROVAL OF YOUR CLAIM FOR REIMBURSEMENT, WE ARE AUTHORIZING PAYMENT OF THAT PORTION OF THE TRANSPORTATION COSTS WHICH ARE LEGALLY ALLOWABLE.
A SUPPLEMENTAL SETTLEMENT WILL ISSUE FOR THE COST OF THE TRANSPORTATION OF YOUR HOUSEHOLD GOODS, EXCLUDING THE EXPENSE INCURRED FOR OCEAN TRANSPORTATION FOR THE SHIPMENT, FROM THE UNITED STATES TO CHATEAUROUX, FRANCE.