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B-183408 1 (1976-05-03)

handle is hein.gao/gaobaddob0001 and id is 1 raw text is: ~. ~ THE COMPTROLLER GENERAL oDECISION '2~~.OF THE UNITED STATES WASHINGTON. D. C. 20548 FILE: B-183408 DATE: May 3, 19'I MATTER OF: Monika Weaver Ogburn--Reconsideration of Claim for Reimbursement of Cost of Shipment of Privately Owned Vehicle. DIGEST: Upon reconsideration, decision denying cost of shipping POV from Germany to the United States is sustained. Employee requests difference in cost between shipping POV on commercial basis and on a space-available basis after Army canceled transportation entitlement. Space-available ship- ment under AR 55-71, para. 12-7b(7) is privilege, not entitlement. Hence no right to space-available shipment can vest in employee on which claim can be based. However, since employee was never given opportunity to attempt space-available ship- ment due to administrative error in canceling entitlement, equities warrant reporting claim to Congress under Meritorious Claims Act, 31 U. S. C. § 236. This action is a request for reconsideration of our decision B-183408, September 4, 1975, in which we disallowed the claim of Mrs. Monika Weaver Ogburn for the cost of shipping a privately owned vehicle from Germany to the United States. In that decision we held that there was no authority to pay for the shipment of a foreign-made vehicle at Government expense under the circumstances. In their reclaim the Ogburns state that the claim was not for the cost of shipping the vehicle back to the United States but for the dif- ference in cost of shipping said vehicle on a space-available reimburs- able basis under AR 55-71, para. 12-7b(7) and the cost of shipping the vehicle on a commercial basis. The above-mentioned regulation, AR 55-71, para. 12-7b(7), gives Department of the Army civilian and military personnel the opportunity to ship foreign-made vehicles back tothe United States at a reduced cost if (1) the member is otherwise eligible to ship a vehicle, i. e., has a transportation entitlement, and (2) unused space is available on a chartered Military Sealift Command vessel. The member reimburses the Government for 100 percent of handling costs and 25 percent of the transportation costs which in this case was $196.

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