B-155181, NOV. 2, 1964

B-155181, NOV. 2, 1964

TO MR. JOSE L. VILLANUEVE:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 3, 1964, REQUESTING RECONSIDERATION OF OUR SETTLEMENT DATED AUGUST 26, 1964, WHICH DISALLOWED YOUR CLAIM FOR $452.30 REPRESENTING REIMBURSEMENT FOR THE COST OF SHIPPING YOUR AUTOMOBILE FROM CORONADO, CALIFORNIA, TO HONOLULU, HAWAII, IN THE AMOUNT OF $324.30, INSURANCE CHARGES OF $52.50, AND REFUND BY THE CARRIER OF $75.50, INCIDENT TO THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS.

THE RECORDS SHOW THAT ON FEBRUARY 12, 1962, YOUR WIFE AUTHORIZED THE BEKINS VAN AND STORAGE COMPANY TO SHIP ONE 1955 PONTIAC AUTOMOBILE FROM CORONADO, CALIFORNIA, TO HONOLULU, HAWAII. BY FIRST ENDORSEMENT DATED OCTOBER 31, 1962, THERE WAS DELIVERED TO YOU A LETTER DATED OCTOBER 23, 1962, FROM THE CHIEF OF NAVAL PERSONNEL ADVISING YOU THAT YOU WERE BEING PLACED ON THE TEMPORARY DISABILITY RETIRED LIST EFFECTIVE NOVEMBER 1, 1962, FROM THE CHIEF OF NAVAL PERSONNEL ADVISING YOU THAT YOU WERE BEING PLACED ON THE TEMPORARY DISABILITY RETIRED LIST EFFECTIVE NOVEMBER 1, 1962. YOUR CLAIM, APPARENTLY MADE UNDER AUTHORITY OF THAT ACTION, WAS DISALLOWED FOR THE REASON THAT THERE IS NO AUTHORITY FOR REIMBURSING A MEMBER WHO MAKES HIS OWN ARRANGEMENTS FOR SHIPPING HIS AUTOMOBILE ON A COMMERCIAL VESSEL, NOR FOR REIMBURSING A MEMBER FOR THE COST OF INSURANCE ON HIS HOUSEHOLD EFFECTS, AND SINCE THE ITEM OF $75.50 WAS REFUNDED BY THE CARRIER TO YOUR WIFE ANOTHER REFUND MAY NOT BE MADE.

THE STATUTORY AUTHORITY FOR SHIPMENT AT GOVERNMENT EXPENSE OF PRIVATELY OWNED VEHICLES OF MEMBERS OF THE NAVY WHEN YOUR AUTOMOBILE WAS SHIPPED IS SET FORTH IN 10 U.S.C. 6157. IT IS THERE PROVIDED THAT WHEN A MEMBER OF THE NAVAL SERVICE IS ORDERED TO MAKE A PERMANENT CHANGE OF STATION, ONE MOTOR VEHICLE OWNED BY HIM MAY BE TRANSPORTED TO HIS NEW STATION ON A VESSEL OWNED BY THE UNITED STATES. THAT AUTHORITY WAS ENLARGED BY THE ACT OF MAY 28, 1956, 70 STAT. 187, 46 U.S.C. 1241 (C), TO AUTHORIZE THE UTILIZATION OF PRIVATELY OWNED AMERICAN SHIPPING SERVICES FOR THE TRANSPORTATION OF THE VEHICLE. THIS AUTHORITY, HOWEVER, DID NOT CHANGE THE REQUIREMENT THAT THE SHIPMENT BE OTHERWISE AUTHORIZED BY LAW. SHIPPING ENTITLEMENT UNDER THE ACT OF MAY 28, 1956, DEPENDS UPON ENTITLEMENT UNDER 10 U.S.C. 6157. ENTITLEMENT UNDER 10 U.S.C. 6157 IS NOT ABSOLUTE BUT IS PERMISSIVE WITHIN THE DISCRETION OF THE SECRETARY OF THE NAVY AND IS GOVERNED BY DEPARTMENTAL REGULATIONS. THE FOLLOWING PERTINENT REGULATIONS FOR NAVAL PERSONNEL DURING THE PERIOD INVOLVED WERE FOUND IN BUREAU OF SUPPLIES AND ACCOUNTS MANUAL, VOLUME V:

"58300 AUTHORITY

"1. FOR MILITARY PERSONNEL AND COAST GUARD WHEN TRANSFERRED TO, FROM, OR BETWEEN OVERSEAS AREAS. TRANSPORTATION OF ONE PRIVATELY OWNED MOTOR VEHICLE OF MILITARY PERSONNEL OF THE NAVY, MARINE CORPS, ARMY, AIR FORCE, AND COAST GUARD UNIFORMED PERSONNEL SPECIFIED IN PAR. 58308-2 ORDERED TO MAKE A PERMANENT CHANGE OF STATION TO, FROM, OR BETWEEN OVERSEAS AREAS OR TO A NONROTATED VESSEL OR UNIT WHICH IS BASED OVERSEAS MAY BE AUTHORIZED TO THE NEW STATION ON GOVERNMENT OWNED VESSELS OR ON PRIVATELY OWNED UNITED STATES FLAG COMMERCIAL VESSELS, FREE OF OCEAN TRANSPORTATION, LOADING, DISCHARGING, AND RELATED ACCESSORIAL CHARGES UNDER THE PROVISION OF THIS PARAGRAPH.

"58303 APPLICATION FOR SHIPMENT OF PRIVATELY OWNED AUTOMOBILES

"1. SUBMISSION OF APPLICATION

"A. GENERAL. REQUESTS FOR THE SHIPMENT OF PRIVATELY OWNED MOTOR VEHICLES WILL BE MADE BY THE OWNER ON A MOTOR VEHICLE SHIPMENT APPLICATION (DD FORM 828). * * * UNDER NO CIRCUMSTANCES WILL OWNERS SUBMIT APPLICATIONS DIRECTLY TO STEAMSHIP COMPANIES.'

THE STATUTE AND REGULATIONS PROVIDE THAT UPON PROPER AUTHORIZATION A MEMBER OF THE NAVY IS ENTITLED TO HAVE A PRIVATELY OWNED VEHICLE SHIPPED BY GOVERNMENT-OWNED OR GOVERNMENT PROCURED AMERICAN-FLAG SHIPPING FACILITIES WHEN HE IS ORDERED TO MAKE A PERMANENT CHANGE OF STATION, TO, FROM, OR BETWEEN OVERSEAS STATIONS. A PERMANENT CHANGE OF STATION INCLUDES PLACEMENT ON THE TEMPORARY DISABILITY RETIRED LIST AND TRAVEL OF THE MEMBER FROM HIS LAST DUTY STATION TO HIS HOME OF SELECTION. AT THE TIME YOUR WIFE AUTHORIZED THE BEKINS VAN AND STORAGE COMPANY TO SHIP YOUR AUTOMOBILE TO HONOLULU, YOU HAD NOT RECEIVED NOTICE THAT YOU WERE TO BE PLACED ON THE TEMPORARY DISABILITY RETIRED LIST. THEREFORE, WHEN YOUR AUTOMOBILE WAS SHIPPED TO HONOLULU YOU WERE NOT UNDER ORDERS TO MAKE A PERMANENT CHANGE OF STATION TO SUPPORT ITS OVERSEAS SHIPMENT UNDER THE LAW, AND CONSEQUENTLY THERE WAS NO AUTHORITY UNDER THE STATUTE AND REGULATIONS TO SHIP IT AT GOVERNMENT EXPENSE.

MOREOVER, WHILE THE STATUTE AND REGULATIONS PROVIDE FOR TRANSOCEANIC SHIPMENT AT GOVERNMENT EXPENSE OF PRIVATELY OWNED VEHICLES ON COMMERCIAL AMERICAN VESSELS, BOTH THE STATUTE AND THE QUOTED REGULATIONS CONTEMPLATE THAT ARRANGEMENTS FOR SUCH SHIPMENT WILL BE MADE BY THE APPROPRIATE SHIPPING OFFICER. 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. THUS, THERE WOULD HAVE BEEN NO AUTHORITY TO REIMBURSE YOU FOR THE EXPENSES OF SHIPPING YOUR AUTOMOBILE ASIDE FROM THE FACT THAT YOU HAD NOT RECEIVED YOUR RETIREMENT ORDERS AT THE TIME YOUR AUTOMOBILE WAS SHIPPED TO HONOLULU.

FOR THE REASONS STATED, YOU ARE NOT ENTITLED TO REIMBURSEMENT FOR THE COSTS INCURRED IN SHIPPING YOUR AUTOMOBILE FROM CORONADO, CALIFORNIA, TO HONOLULU, HAWAII.

WITH REGARD TO YOUR CLAIM FOR REIMBURSEMENT OF CHARGES FOR INSURANCE PAID INCIDENT TO THE SHIPMENT OF YOUR HOUSEHOLD GOODS AND OF THE AMOUNT DEDUCTED FROM YOUR CLAIM AS REPRESENTING EXCESSIVE CHARGES PREVIOUSLY REFUNDED BY THE CARRIER INVOLVED, YOU ARE ADVISED THAT IN CASES WHERE THE MEMBER (OR HIS WIFE) ARRANGES FOR THE SHIPMENT OF HIS HOUSEHOLD GOODS AT PERSONAL EXPENSE, APPLICABLE REGULATIONS (PAR. 8500, JOINT TRAVEL REGULATIONS) AUTHORIZE REIMBURSEMENT OF SUCH COSTS NOT TO EXCEED THE COST TO THE GOVERNMENT HAD THE SHIPMENT BEEN MADE BY A SHIPPING OR TRANSPORTATION OFFICER. SINCE THOSE ITEMS DO NOT REPRESENT COSTS THAT NECESSARILY WOULD HAVE BEEN INCURRED HAD THE SHIPMENT INVOLVED BEEN MADE BY THE GOVERNMENT, IT MUST BE CONCLUDED THAT THEY ARE NOT REIMBURSABLE COSTS OF A SHIPMENT OF GOODS THAT YOU MIGHT OTHERWISE BE ENTITLED TO AT GOVERNMENT EXPENSE.

ACCORDINGLY, THE SETTLEMENT OF AUGUST 26, 1964, IS SUSTAINED.