B-159144, JUN. 14, 1966

B-159144, JUN. 14, 1966

TO COMMANDER ROBERT K. RIPLEY, USN:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 25, 1966, REQUESTING REVIEW OF OUR SETTLEMENT DATED APRIL 21, 1966, WHICH DISALLOWED YOUR CLAIMS FOR REIMBURSEMENT OF COSTS INCURRED FOR EXCESS VALUATION ON A SHIPMENT OF 165 POUNDS OF ITEMS OF EXTRAORDINARY VALUE FROM LONDON, ENGLAND, TO ALEXANDRIA, VIRGINIA, AND SHIPMENT OF YOUR AUTOMOBILE FROM LONDON TO BALTIMORE, MARYLAND, INCIDENT TO YOUR RETURN FROM OVERSEAS UNDER BUREAU OF NAVAL PERSONNEL ORDER 145754 DATED OCTOBER 12, 1965.

THE RECORD SHOWS THAT YOU PURCHASED A PEUGEOT AUTOMOBILE IN MAY 1965 THROUGH CARS OVERSEAS, INCORPORATED, AND IT WAS DELIVERED TO YOU IN LONDON FROM PARIS WHERE IT WAS MANUFACTURED. YOU SAY THAT WHEN YOU RECEIVED ORDERS TO RETURN TO THE UNITED STATES YOU WERE TOLD BY THE SUPPLY OFFICER OF COMNAVACTS, ENGLAND, THAT SINCE YOUR FRENCH MADE PEUGEOT HAD BEEN DELIVERED TO YOU IN EUROPE IT WOULD HAVE TO BE SHIPPED TO THE UNITED STATES AT YOUR EXPENSE.

SECTION 2634 OF TITLE 10, OF THE U.S.C. (SUPP. I), PROVIDES THAT WHEN A MEMBER OF AN ARMED FORCE IS ORDERED TO MAKE A CHANGE OF PERMANENT STATION, ONE MOTOR VEHICLE OWNED BY HIM AND FOR HIS PERSONAL USE OR THE USE OF HIS DEPENDENTS MAY, UNLESS A MOTOR VEHICLE OWNED BY HIM WAS TRANSPORTED IN ADVANCE OF THAT CHANGE OF PERMANENT STATION UNDER SECTION 406/H) OF TITLE 37 OF THE CODE, BE TRANSPORTED BY VESSEL AS THERE PROVIDED, AT THE EXPENSE OF THE UNITED STATES, TO HIS NEW STATION OR SUCH OTHER PLACE AS THE SECRETARY CONCERNED MAY AUTHORIZE. IMPLEMENTING REGULATIONS ISSUED PURSUANT TO THIS 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 OR ON ORDER 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. SEE ALSO PARAGRAPH M11002-1 OF THE JOINT TRAVEL REGULATIONS.

UNDER THE GOVERNING REGULATIONS THE APPROPRIATE GOVERNMENT SHIPPING OFFICER WAS PROHIBITED FROM SHIPPING YOUR AUTOMOBILE BECAUSE IT WAS A FOREIGN MADE VEHICLE PURCHASED AND DELIVERED TO YOU OVERSEAS SUBSEQUENT TO MARCH 6, 1961. NEITHER THE STATUTE NOR THE REGULATIONS CONTAIN ANY PROVISION FOR REIMBURSING A MEMBER, IN CIRCUMSTANCES SUCH AS YOURS, WHO MAKES HIS OWN ARRANGEMENTS FOR SHIPPING HIS VEHICLE ON A COMMERCIAL VESSEL. SINCE YOU WERE NOT AUTHORIZED TO MAKE PERSONAL ARRANGEMENTS FOR THE SHIPMENT OF YOUR AUTOMOBILE TO THE UNITED STATES AT GOVERNMENT EXPENSE AND THE APPROPRIATE NAVAL SHIPPING OFFICER HAD NO AUTHORITY TO ARRANGE FOR ITS SHIPMENT, THERE IS NO BASIS ON WHICH YOU MAY BE REIMBURSED FOR ANY OF THE CHARGES INCURRED BY YOU IN SHIPPING YOUR AUTOMOBILE FROM LONDON, ENGLAND, TO BALTIMORE, MARYLAND.

REGARDING YOUR CLAIM FOR REIMBURSEMENT OF COST OF INSURANCE FOR EXCESS VALUATION ON SHIPMENT OF 165 POUNDS OF VALUABLES, PARAGRAPH M8006 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT ITEMS OF EXTRAORDINARY VALUE WHICH ARE PRONE TO PILFERAGE WHEN SHIPPED BY ORDINARY MODES OF TRANSPORTATION, MAY BE SHIPPED BY THE EXPEDITED MODE OF TRANSPORTATION WHICH WILL PRODUCE THE LOWEST OVER-ALL COST TO THE GOVERNMENT AND WHICH WILL PROVIDE SATISFACTORY SERVICE WITHOUT DIMINISHING THE MEMBER'S WEIGHT ALLOWANCE OF UNACCOMPANIED BAGGAGE. PARAGRAPH M8009 OF THE REGULATIONS PROVIDES THAT UPON HIS WRITTEN REQUEST AND AGREEMENT TO PAY ANY ADDITIONAL COST OCCASIONED THEREBY, THE MEMBER MAY DEVIATE FROM THE REGULATIONS BY HAVING SPECIAL SERVICES EMPLOYED INCLUDING ADDITIONAL VALUATION. IN YOUR APPLICATION FOR SHIPMENT NO. 2 OF HOUSEHOLD GOODS (DD FORM 1299) DATED OCTOBER 29, 1965, YOU REQUESTED THAT HOUSEHOLD GOODS WITH A VALUATION OF $5,000 BE SHIPPED BY PROTECTED MODE, AND THE APPLICATION STATES THAT YOU WOULD REMIT THE PROPER AMOUNT OR PERMIT THE APPLICATION OF AS MUCH OF YOUR PAY AS WOULD BE NECESSARY TO COVER ALL EXCESS COST OCCASIONED BY THIS SHIPMENT. THUS, IT APPEARS THAT ON THE BASIS OF THIS APPLICATION, THESE GOODS WERE SHIPPED BY REA EXPRESS, THE CARRIER'S INVOICE SHOWING AN EXPRESS CHARGE OF $6 PLUS A VALUE CHARGE OF $60 BASED ON A VALUATION OF $5,000.

THERE IS NOTHING ON YOUR APPLICATION FOR SHIPMENT NO. 2 TO SHOW THAT YOU HAD INSURANCE ON THESE GOODS TO COVER THE VALUE YOU PLACED ON THEM AND THAT YOU WANTED THEM SHIPPED AT A VALUATION WHICH WOULD RESULT IN THE LOWEST APPLICABLE RATE ESTABLISHED IN THE CARRIER'S TARIFFS. RATHER, YOUR APPLICATION REQUESTED A PROTECTED MODE OF SHIPMENT FOR GOODS VALUED AT $5,000 AND PROVIDED THAT YOU WOULD PAY ANY EXCESS COST OCCASIONED THEREBY. FOR THIS REASON AND SINCE THE SHIPPING CHARGES FOR EXCESS VALUATION OF GOODS IS NOT AN ITEM THAT IS REIMBURSABLE BY THE GOVERNMENT, YOU CLAIM FOR REIMBURSEMENT OF THE VALUE CHARGE OF $60 MAY NOT BE ALLOWED.

WHILE THE RECORD DOES NOT SHOW THAT THERE WAS ANY ADMINISTRATIVE ERROR IN EITHER THE EXCESS VALUATION OF SHIPMENT NO. 2 OR IN THE SHIPMENT OF YOUR AUTOMOBILE AS YOU ALLEGE, YOU ARE ADVISED THAT IT IS WELL ESTABLISHED THAT IN THE ABSENCE OF SPECIFIC STATUTORY PROVISIONS THE UNITED STATES IS NOT LIABLE FOR THE NEGLIGENT ACTS OF ITS OFFICERS, AGENTS OR EMPLOYEES EVEN THOUGH COMMITTED IN THE PERFORMANCE OF THEIR OFFICIAL DUTIES. GERMAN BANK V. UNITED STATES, 148 U.S. 73; 19 COMP. GEN. 503; 22 COMP. GEN. 221.

ACCORDINGLY, THE DISALLOWANCE OF YOUR CLAIM BY THE SETTLEMENT OF APRIL 21, 1966, WAS CORRECT AND IS SUSTAINED.