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B-205113 1 (1982-02-12)

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FILE; B-205113

MATTER OF;


DIGEST:


DATE:


February 12, 1982


Lieutenant Colonel John F, Snyder, USA


Army member seeks reimbursement for 23 days
of car rental expenses he incurred because
of delay in shipment of his privately owned
vehicle incident to his change of s4ation,
Although the delay was unnecessary, the mem-
ber may not be reimbursed car rental expenses
since there is no authority in statute or
regulation which would allow reimbursement,


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     Lieutenant Colonel John F, §nyder appeals the Claims Group's
denial of his claim for car rentalexpenses incurred due to the
delay in the shipment of his privately owned vehicle from Hawaii
to New Orleans, Louisiana, Since there is no legal basis upon
which this type of claim may be paid, the action of the Claims
Group is sustained,


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        The relevant facts are undisputed and can be summarily stated
    as follows,  In 1979, Colonel Snyder, an officer in the United
*   States Army, was transferred from Hawaii to Florida and his orders
    authorized him to ship his privately owned vehicle at Government
    expense, Colonel Snyder's vehicle arrived at Long Beach, Califor-
    •nia, without problem but was delayed 23 days in Long Beach prior
    to being transhipped to New Orleans, Louisiana.  It appears that
    the 23-day delay could have been avoided if the military departwent
    responsible for shipment had followed established procedures.  Since
    Colonel Snyder had rented a vehicle while awaiting his privately
    owned vehicle, he seeks reimbursement for the automobile rental cost
    he incurred for the 23 days in which his vehicle was unnecessarily
    delayed.

        The statutory authority for the shipment of a member's privately
   owned vehicle is contained in 10 U.S.C. 2634 (1976) which provides
   for the shipment by vessel of one motor vehicle incident to a member's
   change of permanent station at Government expense. Regulations
   Implementing this provision are contained in Volume .1, Joint Travel
   Regulations, Chapter 11. However, the governing laws and regulations
   contain no provision for reimbursing a member for au,.9mobile rental
   expenses such as Colonel Snyder claims, which result from not having
   his own vehicle available for use. Tho liability of the Government
   is limited to that provided by the law and regulations; therefore,
   absent such authority, there is no legal basis on which we may


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THE COMPTROLLERIEN URAL
A3 ITHI UNJITEL 1STTES
WASHINGTON O, C,_ 20B40

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