B-161329, MAY 18, 1967

B-161329, MAY 18, 1967

TO ROMEO F. BIANCONI, DKCS, USN:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 10, 1967, REQUESTING FURTHER CONSIDERATION OF THE SETTLEMENT OF MAY 25, 1965, WHICH DISALLOWED YOUR CLAIM FOR $252.08 REPRESENTING THE COST OF SHIPPING YOUR PRIVATELY OWNED MOTOR VEHICLE FROM KENITRA, MOROCCO, BALTIMORE, MARYLAND, IN DECEMBER 1964.

THE RECORD SHOWS THAT ON NOVEMBER 24, 1964, THE COMMANDER, U.S. NAVAL ACTIVITIES, NAVY NO. 214, FPO NEW YORK, NEW YORK 09583, AUTHORIZED TRANSPORTATION OF YOUR DEPENDENTS AND HOUSEHOLD EFFECTS FROM KENITRA, MOROCCO, TO BALTIMORE, MARYLAND, IN ADVANCE OF PERMANENT CHANGE-OF-STATION ORDERS PURSUANT TO PARAGRAPHS M7103-2 (4) AND M8303 OF THE JOINT TRAVEL REGULATIONS. THE AUTHORIZATION OF NOVEMBER 24, 1964, DID NOT CONTAIN AUTHORITY TO SHIP A PRIVATELY OWNED MOTOR VEHICLE PRIOR TO PERMANENT CHANGE-OF-STATION ORDERS PURSUANT TO PARAGRAPH M11002-5 OF THE JOINT TRAVEL REGULATIONS, CHANGE 142, IN EFFECT AT THAT TIME AND NO OTHER AUTHORIZATION FOR SHIPMENT PRIOR TO CHANGE-OF-STATION ORDERS HAS BEEN FURNISHED.

YOUR AUTOMOBILE, A RAMBLER STATION WAGON, HOWEVER, WAS SHIPPED ON THE FURNESS LINES' M.V. ORNA GORA, A FOREIGN-FLAG VESSEL, AND ARRIVED IN BALTIMORE ON DECEMBER 18, 1964. THE SHIPMENT WAS NOT ON A GOVERNMENT BILL OF LADING AND UPON ITS ARRIVAL YOU WERE BILLED $250 AS THE TRANSPORTATION CHARGES AND $2.08 AS IMPORT CHARGES. APPARENTLY, YOU TRAVELED TO THE UNITED STATES ON EMERGENCY LEAVE AND PAID THE CHARGES BEFORE PICKING UP THE CAR. SUBSEQUENTLY, BY TRANSFER ORDER NO. 067 65, DATED JANUARY 15, 1965, YOU WERE TRANSFERRED FROM U.S. NAVAL AIR FACILITY, KENITRA, TO NAVADMIN, LAKE MEAD BASE, LAS VEGAS, AS A PERMANENT CHANGE OF STATION.

YOUR CLAIM FOR REIMBURSEMENT FOR THE COST OF SHIPPING YOUR AUTOMOBILE WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE FOR THE REASON THAT PARAGRAPH M11002 OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT REIMBURSEMENT FOR TRANSPORTATION OF A PRIVATELY OWNED MOTOR VEHICLE AT PERSONAL EXPENSE IS NOT AUTHORIZED.

IN YOUR PRESENT LETTER YOU SAY THAT UPON NOTIFICATION THAT YOU WERE AUTHORIZED TO SHIP YOUR HOUSEHOLD EFFECTS AND AUTOMOBILE YOU CONTACTED THE TRANSPORTATION SECTION OF THE AMERICAN EMBASSY AT RABAT, MOROCCO, WHICH IN TURN PHONED THE TRANSPORTATION OFFICE AT THE U.S. NAVAL BASE, KENITRA, IN YOUR PRESENCE, THAT YOU GAVE THE TRANSPORTATION OFFICER COPIES OF YOUR ORDERS (APPARENTLY THE AUTHORIZATION FOR ADVANCE MOVEMENT OF DEPENDENTS AND HOUSEHOLD EFFECTS MENTIONED ABOVE) AND UNDERSTOOD YOUR AUTOMOBILE WOULD BE SHIPPED AT GOVERNMENT EXPENSE. YOU SAY THAT SINCE YOU DID NOT SHIP YOUR AUTOMOBILE YOURSELF AT PERSONAL EXPENSE AND SINCE THE GOVERNMENT MADE THE SHIPMENT, YOU BELIEVE YOU ARE ENTITLED TO REIMBURSEMENT. ALSO, YOU REFER TO PARAGRAPH M11007 OF THE JOINT TRAVEL REGULATIONS WHICH, PURSUANT TO PUBLIC LAW 89-101 OF JULY 30, 1965, PROVIDES FOR REIMBURSEMENT OF TRANSPORTATION COSTS OF PERSONALLY OWNED MOTOR VEHICLES TRANSPORTED AT PERSONAL EXPENSE AFTER APRIL 30, 1965, AND BEFORE JULY 30, 1965, AND ASK WHAT PROCEDURE YOU SHOULD FOLLOW TO HAVE A SIMILAR PUBLIC LAW ENACTED TO COVER YOUR CASE.

SECTION 2634 OF TITLE 10 OF THE U.S.C. IN EFFECT AT THE TIME HERE INVOLVED, PROVIDES THAT WHEN A MEMBER OF AN ARMED FORCE IS ORDERED TO MAKE A PERMANENT CHANGE OF STATION A MOTOR VEHICLE OWNED BY HIM AND FOR HIS PERSONAL USE MAY BE TRANSPORTED OVER THE WATER PORTION OF THE TRIP TO HIS NEW STATION AT GOVERNMENT EXPENSE BY CERTAIN SPECIFIED MEANS (VESSEL OWNED, LEASED OR CHARTERED BY THE UNITED STATES OR BY PRIVATELY OWNED AMERICAN SHIPPING SERVICES), UNLESS A MOTOR VEHICLE OWNED BY HIM HAS BEEN TRANSPORTED IN ADVANCE OF PERMANENT CHANGE-OF STATION ORDERS UNDER SECTION 406 (H) OF TITLE 37, U.S.C.

THE LATTER PROVISION, AS ADDED BY PUBLIC LAW 88-431 OF AUGUST 14, 1964, PROVIDES, IN CASE OF A MEMBER SERVING OUTSIDE THE UNITED STATES, THAT IF THE SECRETARIES DETERMINE IT TO BE IN THE BEST INTERESTS OF A MEMBER OR HIS DEPENDENTS AND THE UNITED STATES, THEY MAY AUTHORIZE TRANSPORTATION OF DEPENDENTS, HOUSEHOLD EFFECTS AND A PRIVATELY OWNED MOTOR VEHICLE FROM OVERSEAS AREAS TO APPROPRIATE LOCATIONS IN THE UNITED STATES OR ITS POSSESSIONS IN ADVANCE OF PERMANENT CHANGE-OF STATION ORDERS OR IN CASES WHERE PERMANENT CHANGE-OF-STATION ORDERS HAVE BEEN ISSUED BUT CANNOT BE USED FOR THE TRANSPORTATION OF DEPENDENTS, BAGGAGE AND HOUSEHOLD EFFECTS.

YOUR DEPENDENTS AND HOUSEHOLD EFFECTS WERE MOVED PRIOR TO PERMANENT CHANGE-OF-STATION ORDERS UNDER THE PROVISIONS OF 37 U.S.C. 406 (H) AS IMPLEMENTED BY THE SECRETARIES IN PARAGRAPHS M7103-2 (4) AND M8303 OF THE JOINT TRAVEL REGULATIONS. HOWEVER, THERE IS NO SHOWING THAT SIMILAR EARLY SHIPMENT OF YOUR AUTOMOBILE AT GOVERNMENT EXPENSE WAS AUTHORIZED PURSUANT TO THE SAME AUTHORITY OF LAW AS IMPLEMENTED BY PARAGRAPH M11002-5 OF THE JOINT TRAVEL REGULATIONS. PRESUMABLY, THIS WAS THE REASON SHIPMENT WAS NOT MADE ON A GOVERNMENT BILL OF LADING BUT INSTEAD WAS SHIPPED AT YOUR EXPENSE. ALSO, IT WAS NOT SHIPPED ON A VESSEL OWNED, LEASED OR CHARTERED BY THE UNITED STATES OR BY PRIVATELY OWNED AMERICAN SHIPPING SERVICES AS REQUIRED BY LAW, BUT WAS SHIPPED ON A FOREIGN-FLAG VESSEL. IN ANY EVENT, NEITHER THE LAW NOR REGULATIONS IN EFFECT AT THE TIME AUTHORIZE REIMBURSEMENT FOR AUTOMOBILES SHIPPED AT PERSONAL EXPENSE. UNDER SUCH CIRCUMSTANCES ANY MISUNDERSTANDING WITH NAVAL PERSONNEL AT MOROCCO OR ANY ERRONEOUS ADVICE FURNISHED BY THEM WOULD NOT, IN OUR OPINION, AFFORD A BASIS FOR THE PAYMENT OF YOUR CLAIM.

ACCORDINGLY, THE SETTLEMENT OF MAY 25, 1965, WAS CORRECT AND IS SUSTAINED.

THE ENACTMENT OF LEGISLATION, EITHER PUBLIC OR PRIVATE, WHICH WOULD PERMIT PAYMENT OF YOUR CLAIM IS A MATTER FOR CONSIDERATION BY THE CONGRESS. IT MAY BE ADDED, HOWEVER, THAT WHEN WE HAVE BEEN ASKED FOR OUR VIEWS ON PROPOSED LEGISLATION, WE GENERALLY HAVE NOT FAVORED ENACTMENT OF PUBLIC LAWS WHICH WOULD MAKE RETROACTIVE CHANGES IN RIGHTS AND LIABILITIES THAT HAD BEEN CLEARLY FIXED, OR PRIVATE LAWS WHICH WOULD ACCORD PREFERENTIAL TREATMENT TO ONE INDIVIDUAL OVER OTHERS SIMILARLY SITUATED.