B-163889, MAY 29, 1968

B-163889, MAY 29, 1968

TO COMMANDER A. E. PATCH:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF MARCH 19, 1968, REQUESTING RECONSIDERATION OF OUR SETTLEMENT DATED MARCH 15, 1968, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF SHIPPING YOUR AUTOMOBILE FROM ROTA, SPAIN, TO BROOKLYN, NEW YORK, INCIDENT TO CHANGE OF STATION ORDERS DATED JUNE 6, 1967, REASSIGNING YOU FROM OVERSEAS TO COMMANDER EASTERN SEA FRONTIER, 90 CHURCH STREET, NEW YORK, NEW YORK, FOR DUTY.

THE SETTLEMENT OF MARCH 15, 1968, DISALLOWED YOUR CLAIM FOR THE REASON THAT THE AUTOMOBILE WAS DELIVERED TO YOU IN GERMANY IN SEPTEMBER 1964, AND UNDER GOVERNING REGULATIONS THE APPROPRIATE GOVERNMENT SHIPPING OFFICER WAS PROHIBITED FROM SHIPPING FOREIGN MADE AUTOMOBILES EITHER PURCHASED OR DELIVERED OVERSEAS SUBSEQUENT TO MARCH 6, 1961, AND THE LAW AND REGULATIONS DO NOT CONTAIN ANY PROVISION FOR REIMBURSING A MEMBER WHO MAKES HIS OWN ARRANGEMENTS FOR SHIPPING HIS AUTOMOBILE ON A COMMERCIAL VESSEL.

IN YOUR LETTER OF MARCH 19, 1968, YOU SAY THAT THE NAVY TREATED AS SPECIAL CASES AUTOMOBILES PURCHASED IN THE UNITED STATES PRIOR TO JULY 1, 1965, FOR DELIVERY IN EUROPE IF THEY HAD BEEN USED OVERSEAS FOR 18 MONTHS AND SHIPPED THE AUTOMOBILES TO THE UNITED STATES. YOU SAY FURTHER, HOWEVER, THAT THE ARMY SHIPPING AUTHORITIES REFUSED TO RECOGNIZE THIS SPECIAL CASE RULE WHEN YOU APPLIED FOR TRANSPORTATION OF YOUR AUTOMOBILE AND AS A CONSEQUENCE YOU WERE FORCED TO SHIP IT AT PERSONAL EXPENSE BY COMMERCIAL MEANS. YOU URGE THAT IN SUCH CIRCUMSTANCES YOUR CLAIM SHOULD BE ALLOWED.

SECTION 2634 OF TITLE 10, U.S.C. (SUPP. II), PROVIDES, IN PERTINENT PART, 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 BE TRANSPORTED BY VESSEL AS THERE PROVIDED, AT THE EXPENSE OF THE UNITED STATES, TO HIS NEW STATION.

THE LAW, HOWEVER, IS PERMISSIVE AND IMPLEMENTING REGULATIONS ISSUED PURSUANT TO THIS STATUTE APPLICABLE TO THE NAVY ARE CONTAINED IN VOLUME V, NAVAL SUPPLY SYSTEMS COMMAND MANUAL. PARAGRAPH 58302 OF THE REGULATIONS PROHIBITS SHIPMENT OF FOREIGN MADE VEHICLES PURCHASED OR ORDERED AFTER MARCH 6, 1961. ALSO, PARAGRAPH 58303 OF THE REGULATIONS PROVIDES THAT REQUESTS FOR THE 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 THESE REGULATIONS THE APPROPRIATE GOVERNMENT SHIPPING OFFICER WAS PROHIBITED FROM SHIPPING YOUR AUTOMOBILE BECAUSE IT WAS A FOREIGN MADE VEHICLE PURCHASED AFTER MARCH 6, 1961. THE FACT THAT THE NAVY AUTHORITIES IN EUROPE MAY HAVE MISUNDERSTOOD THE REGULATION AND AUTHORIZED IMPROPER SHIPMENTS IN OTHER CASES AFFORDS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM.

IN SUCH CIRCUMSTANCES AND SINCE THE STATUTE AUTHORIZING THE TRANSPORTATION OF PRIVATELY OWNED VEHICLES OF MEMBERS OF THE ARMED FORCES CONTAINS NO PROVISION FOR REIMBURSING A MEMBER WHO MAKES HIS OWN ARRANGEMENTS FOR SHIPPING HIS VEHICLE ON A COMMERCIAL VESSEL, THERE IS NO LEGAL BASIS ON WHICH WE MAY AUTHORIZE THE ALLOWANCE OF YOUR CLAIM.