B-153319, FEB. 13, 1964

B-153319, FEB. 13, 1964

TO EDWARD M. DAVIS, CTI, USN:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 7, 1964, REQUESTING REVIEW OF OUR SETTLEMENT DATED AUGUST 20, 1963, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF SHIPMENT OF YOUR AUTOMOBILE FROM NAPLES, ITALY, TO NEW YORK, NEW YORK, INCIDENT TO YOUR RETURN FROM OVERSEAS.

THE RECORD SHOWS THAT ON OCTOBER 27, 1961, YOU PURCHASED A USED FOREIGN- MADE AUTOMOBILE IN NAPLES, ITALY, FROM MISS RUTH B. THOMAS, AND INCIDENT TO YOUR PERMANENT CHANGE OF STATION ORDERS OF MAY 25, 1962, YOU SUBMITTED AN APPLICATION FOR SHIPMENT OF THE VEHICLE TO THE UNITED STATES. THIS REQUEST WAS DENIED BY THE ADMINISTRATIVE OFFICE CONCERNED FOR THE REASON THAT THE APPLICABLE NAVY REGULATIONS, WITH CERTAIN EXCEPTIONS, PROHIBIT TRANSPORTATION AT GOVERNMENT EXPENSE OF ANY FOREIGN-MADE MOTOR VEHICLE PURCHASED AFTER MARCH 6, 1961. YOUR CLAIM WAS DISALLOWED BY OUR CLAIMS DIVISION BY SETTLEMENT DATED AUGUST 20, 1963, FOR THE REASON THAT UNDER THE APPLICABLE LAW AND REGULATIONS THERE IS NO AUTHORITY FOR REIMBURSING OWNERS WHO EFFECT SHIPMENT OF THEIR VEHICLES ON COMMERCIAL VESSELS AT PERSONAL EXPENSE.

IT APPEARS TO BE YOUR VIEW THAT YOU WERE ELIGIBLE FOR SHIPMENT OF YOUR VEHICLE BECAUSE IT WAS ORIGINALLY PURCHASED BY A GOVERNMENT CONTRACTED SCHOOLTEACHER IN 1959 BEFORE THE CUT-OFF DATE BANNING THE SHIPMENT AT GOVERNMENT EXPENSE OF FOREIGN-MADE CARS. IN YOUR PRESENT LETTER YOU SAY THAT THE ADMINISTRATIVE DETERMINATION THAT YOU WERE NOT ELIGIBLE TO SHIP THE VEHICLE AT GOVERNMENT EXPENSE WAS ERRONEOUS. YOU SAY THAT YOU HAD NO ALTERNATIVE BUT TO MAKE YOUR OWN ARRANGEMENTS FOR SHIPMENT AND, THEREFORE, YOU BELIEVE YOU ARE ENTITLED TO REIMBURSEMENT OF THE SHIPPING COSTS.

UNDER THE PROVISIONS OF THE PERTINENT STATUTE, 10 U.S.C. 2634, WHEN A MEMBER OF AN ARMED FORCE IS ORDERED TO MAKE A PERMANENT CHANGE OF STATION, ONE MOTOR VEHICLE OWNED BY HIM FOR PERSONAL USE MAY BE TRANSPORTED TO HIS NEW STATION AT THE EXPENSE OF THE UNITED STATES ON A VESSEL OWNED BY THE UNITED STATES OR BY PRIVATELY OWNED AMERICAN SHIPPING SERVICES. IMPLEMENTING REGULATIONS ISSUED PURSUANT TO THAT STATUTE ARE CONTAINED IN VOLUME V, BUREAU OF SUPPLIES AND ACCOUNTS MANUAL. PARAGRAPH 58302 OF THE REGULATIONS RESTRICTS SHIPMENT OF FOREIGN-MADE VEHICLES UNLESS OWNED BY THE MEMBER PRIOR TO MARCH 6, 1961, EXCEPT IN THE CASE OF USED VEHICLES PURCHASED BY DEPARTMENT OF DEFENSE PERSONNEL FROM OTHER PERSONNEL OF THE DEPARTMENT AFTER MARCH 6, 1961, WHEN THE FOLLOWING CONDITIONS ARE ESTABLISHED BY DOCUMENTARY EVIDENCE, SUCH AS BILLS OF SALE, TITLES, AND REGISTRATION CERTIFICATES; OWNERSHIP ON MARCH 6, 1961, BY PERSONNEL ELIGIBLE FOR SHIPMENT OF THE VEHICLE AT GOVERNMENT EXPENSE; AND UNBROKEN CHAIN OF OWNERSHIP SINCE MARCH 6, 1961, BY DEPARTMENT OF DEFENSE PERSONNEL OTHERWISE ELIGIBLE FOR SHIPMENT OF THE VEHICLE AT GOVERNMENT EXPENSE. PARAGRAPH 58303 PROVIDES THAT REQUESTS FOR SHIPMENT OF MOTOR VEHICLES WILL BE MADE BY THE OWNER ON MOTOR VEHICLE SHIPMENT APPLICATION (DD FORM 828), AND THAT UNDER NO CIRCUMSTANCES WILL OWNERS SUBMIT APPLICATIONS DIRECT TO STEAMSHIP COMPANIES. 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 REGARDLESS OF HIS REASONS FOR MAKING SUCH ARRANGEMENTS.

THE RECORD SHOWS THAT THE APPROPRIATE OFFICERS CHARGED WITH THE RESPONSIBILITY OF CARRYING OUT THE PROVISIONS OF THE REGULATIONS AFFIRMATIVELY DETERMINED THAT YOU DID NOT COME WITHIN THE EXCEPTION TO THE RESTRICTION ON SHIPMENT OF FOREIGN-MADE VEHICLES AND THAT YOU WERE NOT ENTITLED TO SHIPMENT OF THE VEHICLE AT GOVERNMENT EXPENSE. HENCE THE APPROPRIATE NAVY SHIPPING OFFICER DID NOT ARRANGE FOR SHIPMENT OF THE VEHICLE.

IN VIEW OF THE FOREGOING, AND SINCE THE REGULATIONS CONTAIN NO AUTHORITY FOR REIMBURSING OWNERS WHO EFFECT SHIPMENT OF THEIR VEHICLES ON THEIR OWN RESPONSIBILITY, THERE IS NO LEGAL BASIS UPON WHICH YOU MAY BE REIMBURSED FOR ANY OF THE CHARGES INCURRED BY YOU IN TRANSPORTING YOUR AUTOMOBILE FROM NAPLES, ITALY, TO NEW YORK, NEW YORK.