B-140328, SEP. 16, 1959

B-140328, SEP. 16, 1959

TO MISS SHARON E. ERDKAMP:

YOUR LETTER OF JULY 15, 1959, RELATES TO OUR OFFICE SETTLEMENT OF JUNE 19, 1959, WHICH DISALLOWED YOUR CLAIM FOR TRANSPORTATION OF YOUR AUTOMOBILE AT THE TIME OF YOUR TRANSFER BY THE DEPARTMENT OF STATE TO AN OVERSEAS STATION.

THE RECORD SHOWS THAT UPON YOUR TRANSFER TO ROME, ITALY, YOU WERE AUTHORIZED UNDER FOREIGN SERVICE TRAVEL AUTHORIZATION NO. S-8826 TO SHIP YOUR HOUSEHOLD EFFECTS, INCLUDING YOUR AUTOMOBILE, FROM WASHINGTON, D.C., TO YOUR OVERSEAS STATION. SHIPMENT OF THE AUTOMOBILE AND TWO CASES OF AUTOMOBILE PARTS WAS MADE FROM CHICAGO, ILLINOIS, ON THE M. V. SUDERHOLM, A FOREIGN FLAG VESSEL, DIRECT TO NAPLES, ITALY. YOU SAY THE USE OF A FOREIGN VESSEL WAS NECESSARY BECAUSE AMERICAN VESSELS DID NOT OPERATE AT THE TIME BETWEEN CHICAGO AND ITALY AND TRANS-SHIPMENT TO AN EASTERN PORT OF THE UNITED STATES WOULD HAVE NECESSITATED EXCESSIVE COSTS.

SECTION 151.3A OF THE FOREIGN SERVICE TRAVEL REGULATIONS, ISSUED PURSUANT TO SECTION 901 OF THE MERCHANT MARINE ACT, 1936 AS AMENDED, 46 U.S.C. 1241 (A), READS AS FOLLOWS:

"WHEN BOTH AMERICAN SHIPS AND FOREIGN SHIPS OPERATE DIRECTLY BETWEEN THE PORT NEAREST THE PLACE WHERE THE OFFICIAL TRAVEL ORIGINATES AND THE PORT NEAREST THE AUTHORIZED DESTINATION, SHIPMENT OF EFFECTS SHALL BE MADE ON AN AMERICAN SHIP.'

THE NEAREST PORT FROM WASHINGTON, WHERE YOUR OFFICIAL TRAVEL ORIGINATED, IS BALTIMORE, MARYLAND, WHERE DIRECT OCEAN TRANSPORTATION WAS AVAILABLE ON AMERICAN SHIPS TO NAPLES, ITALY, THE NEAREST PORT TO YOUR NEW DUTY STATION AT HOME.

SECTION 901 OF THE ACT PROVIDES THAT "ANY OFFICER OR EMPLOYEE OF THE UNITED STATES TRAVELING ON OFFICIAL BUSINESS OVERSEAS * * * SHALL TRAVEL * * * ON SHIPS REGISTERED UNDER THE LAWS OF THE UNITED STATES" IF AVAILABLE, AND THAT THE COMPTROLLER GENERAL OF THE UNITED STATES "SHALL NOT CREDIT ANY ALLOWANCE FOR TRAVEL * * * EXPENSES INCURRED ON A FOREIGN SHIP IN THE ABSENCE OF SATISFACTORY PROOF OF THE NECESSITY THEREFOR.' UNDER THAT PROVISION AND THE APPLICABLE REGULATIONS OUR OFFICE IS WITHOUT AUTHORITY TO ALLOW ANY OF THE COSTS OF TRANSPORTATION FOR YOUR AUTOMOBILE ON A VESSEL OF FOREIGN REGISTRY IN THE ABSENCE OF A SHOWING THAT VESSELS REGISTERED UNDER THE LAWS OF THE UNITED STATES WERE NOT AVAILABLE FOR DIRECT TRANSPORTATION FROM THE PORT NEAREST WASHINGTON, D.C., WHERE YOUR OFFICIAL TRAVEL ORIGINATED.

HOWEVER, SINCE THE STATUTORY PROHIBITION OF SECTION 901 HAS NO APPLICATION TO LAND TRAVEL, YOU MAY BE REIMBURSED FOR THE COSTS YOU INCURRED FOR OVERLAND SHIPMENT, LIMITED TO THE COSTS THAT WOULD HAVE BEEN INCURRED HAD SHIPMENT BEEN MADE FROM WASHINGTON TO ROME VIA BALTIMORE AS REQUIRED BY THE CITED FOREIGN SERVICE REGULATIONS. THEREFORE, A SETTLEMENT WILL ISSUE IN DUE COURSE TO YOU IN THE AMOUNT OF $174.10 FOR REIMBURSEMENT OF THE COSTS YOU INCURRED FOR UNLOADING YOUR AUTOMOBILE AND ACCESSORIES AT NAPLES AND SHIPMENT TO ROME, SERVICE AND HANDLING CHARGES AND CHARGES FOR PICK UP AND BOXES ON ACCESSORIES AT CHICAGO. THE DIFFERENCE BETWEEN THE $190.05 REFERRED TO IN YOUR LETTER AND THE $174.10 AUTHORIZED FOR ALLOWANCE, APPEARS TO BE THE $15.95 ITEM FOR OCEAN FREIGHT FOR ACCESSORIES, AND, AS ABOVE INDICATED, SUCH ITEM IS FOR DISALLOWANCE.

THE ACTION TAKEN IN OUR SETTLEMENT OF JUNE 19, 1959, OTHER THAN AS MENTIONED ABOVE, IS ..END :