B-157269, AUG. 19, 1965

B-157269, AUG. 19, 1965

TO COLONEL VALLARD C. SMITH, GS:

REFERENCE IS MADE TO YOUR LETTER OF JULY 2, 1965, REQUESTING RECONSIDERATION OF OUR SETTLEMENT DATED APRIL 30, 1965, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF EXPENSES INCURRED IN SECURING ENTRY OF A PRIVATELY OWNED VEHICLE AT MELBOURNE, AUSTRALIA.

BY PARAGRAPH 2, SPECIAL ORDERS NO. 85, HEADQUARTERS, U.S. ARMY ELEMENT,MAAG, REPUBLIC OF CHINA, DATED JUNE 10, 1963, YOU WERE ASSIGNED ON PERMANENT CHANGE OF STATION TO U.S. ARMY RESEARCH AND DEVELOPMENT OFFICE, AUSTRALIA, WITH STATION AT CANBERRA, AUSTRALIA, TO ARRIVE ON OR ABOUT JUNE 10, 1963. SHIPMENT OF A PRIVATELY OWNED VEHICLE WAS AUTHORIZED. A COPY OF A GOVERNMENT BILL OF LADING, DATED MAY 23, 1963, SHOWS SHIPMENT OF A PRIVATELY OWNED VEHICLE WAS MADE FROM TAIPAI, TAIWAN, REPUBLIC OF CHINA, TO MELBOURNE, AUSTRALIA. THERE WAS ALSO SUBMITTED, A COPY OF A BILL FROM GRACE BROTHERS PTY. LIMITED, SYDNEY, AUSTRALIA, COVERING TERMINAL AND ACCESSORIAL SERVICE CHARGES IN THE HANDLING OF YOUR PRIVATELY OWNED VEHICLE AT MELBOURNE, AUSTRALIA, WHICH INCLUDED QUARANTINE CHARGES, STACKING, WHARFAGE ENTRY, CUSTOMS ENTRY AND OTHER MISCELLANEOUS CHARGES, FOR A TOTAL OF 49 POUNDS, 9 SHILLINGS.

YOUR CLAIM DATED FEBRUARY 18, 1965, REQUESTED REIMBURSEMENT FOR MOST OF THE EXPENSES PAID BY YOU, IN THE AMOUNT OF 33 POUNDS, 17 SHILLINGS AND 3 PENCE, OR $76.19. THESE COVERED QUARANTINE, STACKING, WHARFAGE AND CUSTOMS CLEARANCE CHARGES, WHICH YOU SAID ARE REQUIRED BY THE HOST GOVERNMENT TO BE PAID BY A MEMBER WHOSE PRIVATELY OWNED VEHICLE IS SHIPPED BY THE UNITED STATES GOVERNMENT TO THE PORT OF ENTRY. IN SUPPORT OF YOUR CLAIM, YOU ENCLOSED COPIES OF SEVERAL LETTERS WHICH CONTAIN, AMONG OTHER THINGS, A DETERMINATION BY THE CHIEF, BUREAU OF SUPPLIES AND ACCOUNTS, DEPARTMENT OF THE NAVY, THAT CERTAIN CHARGES, INCIDENT TO THE ENTRY OF PRIVATELY OWNED VEHICLES IN AUSTRALIAN PORTS, SUCH AS STEVEDORING, TERMINAL AND ACCESSORIAL SERVICES, INCLUDING CLEARANCE THROUGH CUSTOMS AT THE PORT OF ENTRY ARE PROPERLY CHARGEABLE TO THE GOVERNMENT.

BY SETTLEMENT DATED APRIL 30, 1965, YOUR CLAIM WAS DISALLOWED FOR THE REASONS STATED THEREIN. WITH YOUR LETTER DATED JULY 2, 1965, REQUESTING RECONSIDERATION OF YOUR CLAIM, YOU SUBMITTED A LETTER FROM THE CHIEF, BUREAU OF SUPPLIES AND ACCOUNTS, DEPARTMENT OF THE NAVY, DATED JUNE 25, 1965, WHICH STATES THAT THE CHARGES FOR STACKING, WHARFAGE ENTRY, WHARFAGE, STEAM CLEANING (INCLUDING TRANSPORTATION TO AND FROM STEAM CLEANING AREA) AND THE SUPPLY OF TWO GALLONS OF GASOLINE ARE PAYABLE BY THE GOVERNMENT AS PORT HANDLING CHARGES IN ACCORDANCE WITH PARAGRAPH M11000-2 OF THE JOINT TRAVEL REGULATIONS.

SECTION 111 (B) OF THE ACT OF SEPTEMBER 7, 1962, P.L. 87-651, 76 STAT. 510, AMENDED CHAPTER 157 OF TITLE 10, U.S.C. BY ADDING SECTION 2634 (10 U.S.C. 2634) WHICH READS AS FOLLOWS:

"WHEN A MEMBER OF AN ARMED FORCE IS ORDERED TO MAKE A PERMANENT CHANGE OF STATION, ONE MOTOR VEHICLE OWNED BY HIM AND FOR HIS PERSONAL USE MAY BE TRANSPORTED TO HIS NEW STATION AT THE EXPENSE OF THE UNITED STATES---

"/1) ON A VESSEL OWNED BY THE UNITED STATES; OR

"/2) BY PRIVATELY OWNED AMERICAN SHIPPING SERVICES.'

THESE PROVISIONS STEM FROM 10 U.S.C. 6157 AND SECTION 901 OF THE MERCHANT MARINE ACT OF 1936 AS AMENDED BY THE ACT OF MAY 28, 1956, CH. 325, 70 STAT. 187.

IMPLEMENTING REGULATIONS RELATING TO THE TRANSPORTATION OF PRIVATELY OWNED MOTOR VEHICLES FOR ARMY PERSONNEL ARE CONTAINED IN ARMY REGULATIONS 55-76, DATED JULY 11, 1962. PARAGRAPH 3A OF THE REGULATIONS PROVIDES THAT MILITARY PERSONNEL OTHERWISE ELIGIBLE ARE AUTHORIZED TRANSOCEAN SHIPMENT AT GOVERNMENT EXPENSE OF A PRIVATELY OWNED VEHICLE FOR THE EXCLUSIVE USE OF THE MEMBER, PURSUANT TO PERMANENT CHANGE OF STATION ORDERS INVOLVING MOVEMENT TO, FROM OR BETWEEN OVERSEA COMMANDS. IT PROVIDES FURTHER THAT EXCEPT FOR MEMBERS COMING UNDER THE PROVISIONS OF SECTION 12 OF THE MISSING PERSONS ACT, 56 STAT. 143, AS AMENDED, MOVEMENTS TO AND FROM PORTS OF EMBARKATION AND DEBARKATION WILL BE AT NO EXPENSE TO THE GOVERNMENT. PARAGRAPH 13 PROVIDES THAT A SPONSOR IS NOT AUTHORIZED REIMBURSEMENT FOR THE COST OF SHIPMENT OF A PRIVATELY OWNED VEHICLE BY COMMERCIAL MEANS WHEN HE PERSONALLY ARRANGES FOR SUCH SERVICE. EFFECTIVE MARCH 1, 1964, CHAPTER 11 "TRANSPORTATION OF PRIVATELY OWNED MOTOR VEHICLES" WAS ADDED TO THE JOINT TRAVEL REGULATIONS. PARAGRAPH M11000-2 DEFINES THE TERM "SHIPMENT" IN PERTINENT PART AS SHIPMENT BY VESSELS, INCLUDING PORT HANDLING CHARGES, TO, FROM AND BETWEEN OVERSEAS PORTS. IT STATES FURTHER THAT CUSTOMS AND OTHER FEES AND CHARGES REQUIRED TO EFFECT ENTRY OF A VEHICLE INTO A COUNTRY ARE NOT PART OF THE SHIPMENT AND SUCH COSTS WILL BE BORNE BY THE MEMBERS.

WHILE THE APPLICABLE PROVISIONS OF THE STATUTE AND REGULATIONS PROVIDE FOR THE TRANSOCEANIC SHIPMENT OF AUTOMOBILES OWNED BY MEMBERS OF AN ARMED FORCE ORDERED TO DUTY OVERSEAS, WHEN THE MEMBER IS OTHERWISE ENTITLED TO SHIPMENT, ON GOVERNMENT OWNED VESSELS OR ON COMMERCIAL AMERICAN VESSELS, THERE IS NO PROVISION IN THE STATUTE OR REGULATIONS FOR REIMBURSING OWNERS FOR EXPENSES INCURRED BY THEM IN CONNECTION WITH SUCH TRANSPORTATION OF THEIR AUTOMOBILES. THE STATUTE AND REGULATIONS CONTEMPLATE THAT THE SHIPMENT OF AUTOMOBILES TO OVERSEAS AREAS FOR MEMBERS OF AN ARMED FORCE WILL BE ARRANGED FOR AND EFFECTED BY THE APPROPRIATE TRANSPORTATION OFFICER AT NO EXPENSE TO THE MEMBER FOR OCEAN TRANSPORTATION, WITH THE MEMBER BEARING THE COST WHICH MAY NOT PROPERLY BE CONSIDERED AS A PART OF THE OCEAN TRANSPORTATION COST INVOLVED. SEE 39 COMP. GEN. 713 AND B- 156892, DATED JULY 20, 1965, 45 COMP. GEN. - , COPIES ENCLOSED. THUS, REGARDLESS OF WHETHER ANY OF THE ITEMS OF EXPENSE INVOLVED PROPERLY MIGHT HAVE BEEN PAID BY THE GOVERNMENT TO THE ONE WHO PERFORMED THE SERVICE, AS A PART OF THE SHIPPING EXPENSES, IT IS OUR VIEW THAT THE STATUTE AND REGULATIONS DO NOT PROVIDE AUTHORITY TO REIMBURSE YOU FOR THESE EXPENSES.

ACCORDINGLY, THERE IS NO BASIS UPON WHICH PAYMENT OF YOUR CLAIM MAY BE AUTHORIZED AND THE SETTLEMENT OF APRIL 30, 1965, IS SUSTAINED.