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B-181635 1 (1975-11-17)

handle is hein.gao/gaobadcsv0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION &7: -1. OF THE UNITED BTATES WASHINGTON, D. C. 20548 F ILE: DATE: f'.!- r; 17 3-181635 1 MATTER OF: William P. Sigler - Transportation of Household Effects DIGEST: Where Navy Department officials wrongly advised employee that lie could not be reimbursed. the cost of transporting newly acquired items of household furniture incident to a change of station from the Philippine Islands to the U. S., and where employee proceeded to ship furnishings aboard a ship of foreign registry, section 901 of the Merchant Marine Act of 1926, as amended, 46 U.S.C. 5 1241() nevertheless precludes reimbursement for the employee's costs incurred in shipment by other than an American flag vessel. The language of section 901 places the financial burden of use of a foreign flag vessel squarely upon the employee and the proviso contained therein gives the Comptroller General little if no discretion in applying the statutory restriction. A Member of Congress has reque'ted our reconsideration of the claim of Department of the Navy employee, William P. Sigler, for reimbursement for the shipment of his household goods incident to his change of station from the Naval Air Station, Cubi Point, Philippine Islands, to the Naval Air Station, Cecil Field, Florida. Mfr. Sigler's claim is the subject of our Transportation and Claims Division settle- ment Certificates No. Z-2523439, dated January 23, 1974, and March 25, 1975. The specific shipment of household goods in question consisted of 28 items of furniture which Mr. Sigler purchased from a manufacturer in Taipei, Taiwan. The furniture had been ordered from the New Royal Furniture Company on February 27, 1972, and Mr. Sigler had been promised delivery on May 15, 1972. During the first week of June Mr. Sigler traveled to Taipei to determine the reason for the manufacturer's nondelivery on the pronised date. While he was in Taipei, the last of the items of furniture being manufactured were completed and on June 9, 1972, Mr. Sigler paid the balance of the purchase price due. Upon his return to the Philippines on June 10, 1972, Mr. Sigler was given orders transferring him to Cecil Field, Florida. Those orders had been issued May 31, 1972. Mr. Sigler departed the

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