A-87092, DECEMBER 16, 1938, 18 COMP. GEN. 548

A-87092, DECEMBER 16, 1938, 18 COMP. GEN. 548

TRANSPORTATION - HOUSEHOLD EFFECTS - NAVY OFFICER ON CHANGE OF STATION - WEIGHT LIMITATIONS VIA MOTOR VAN, ETC. THE MATTER OF FIXING WEIGHT ALLOWANCE LIMITATIONS FOR SHIPMENT OF HOUSEHOLD EFFECTS OF NAVY PERSONNEL UPON CHANGE OF STATION BEING CONTROLLED BY ADMINISTRATIVE REGULATION, THERE IS NO OBJECTION TO A CHANGE IN THE REGULATIONS TO PROVIDE THAT THE EFFECTS WHICH MAY BE TRANSPORTED "WILL NOT EXCEED, WHEN PREPARED FOR SHIPMENT IN ACCORDANCE WITH THE COMMERCIAL USAGE OF THE CARRIER SELECTED AS THE TRANSPORTING AGENT, THE FOLLOWING GROSS WEIGHTS," BUT, COMPARISON OF THE COSTS OF SUCH SHIPMENTS-- - AS, FOR INSTANCE, MOTOR VAN AND RAILROAD FREIGHT--- MUST BE ON THE ACTUAL WEIGHT SHIPPED AND NOT ON THE MAXIMUM ALLOWANCE OF THE OFFICER UNLESS THAT IS THE WEIGHT ACTUALLY SHIPPED, AND WHERE MORE THAN ONE SHIPMENT IS MADE ON A CHANGE OF STATION, THE TOTAL PAYMENTS FOR PACKING, CRATING, DRAYAGE AND SHIPPING OF THE WEIGHTS SHIPPED (WITHIN THE AUTHORIZED ALLOWANCE) MAY NOT EXCEED THE COST OF SUCH SERVICES FOR THE AGGREGATE OF THE WEIGHTS OF THE SHIPMENTS (WITHIN THE AUTHORIZED ALLOWANCE) FROM THE OFFICER'S OLD TO HIS NEW STATION. 17 COMP. GEN. 116, AMPLIFIED.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE NAVY, DECEMBER 16, 1938:

THERE HAS BEEN RECEIVED YOUR LETTER OF OCTOBER 17, 1938, RELATIVE TO DECISION A-87092, DATED AUGUST 9, 1937, 17 COMP. GEN. 116, 118, AND IN EFFECT REQUESTING DECISION WHETHER A CHANGE IN THE NAVY INSTRUCTIONS UPON WHICH THE CONCLUSION THEREIN WAS BASED IS PERMISSIBLE UNDER THE LAW.

THE APPLICABLE REGULATIONS CONSIDERED IN THE DECISION OF AUGUST 9, 1937, ARE CONTAINED IN THE INSTRUCTIONS APPEARING IN ARTICLE 1870, BUREAU OF SUPPLIES AND ACCOUNTS MANUAL, AS FOLLOWS:

(A) THE HOUSEHOLD EFFECTS THAT MAY BE TRANSPORTED AT PUBLIC EXPENSE UPON CHANGE OF STATION WILL NOT EXCEED, WHEN PACKED AND CRATED, THE FOLLOWING GROSS WEIGHTS:

IN THE DECISION OF AUGUST 9, 1937, REFERENCE WAS MADE TO THE ACT OF MAY 18, 1920, 41 STAT. 604, WHICH PROVIDES THAT THE PERSONNEL OF THE NAVY SHALL HAVE THE BENEFIT OF EXISTING LAWS APPLICABLE TO THE ARMY FOR TRANSPORTATION OF HOUSEHOLD EFFECTS AND IN GIVING APPLICATION TO THE PROVISIONS OF THE PERTINENT PARTS OF ARTICLE 1870, BUREAU OF SUPPLIES AND ACCOUNTS MANUAL, IT WAS STATED:

THESE REGULATIONS PROVIDE FOR THE SHIPMENT OF THE AUTHORIZED CHANGE OF STATION ALLOWANCE OF NOT TO EXCEED 10,000 POUNDS (FOR A COMMANDER) "GROSS WEIGHTS" I.E., "WHEN PACKED AND CRATED.' THE REGULATIONS CLEARLY INDICATE PACKING AND CRATING OF ALL OF THE EFFECTS IN A MANNER SUITABLE FOR ORDINARY FREIGHT SHIPMENTS, AND, IF SHIPMENT IS BY MOTOR VAN THE COST MAY NOT EXCEED THE COST OF SHIPMENT BY ORDINARY FREIGHT LINES OF THAT WEIGHT OF HOUSEHOLD EFFECTS WHICH WOULD BE A PROPER WEIGHT FOR A SIMILAR QUANTITY OF HOUSEHOLD EFFECTS "AFTER BEING PACKED," TAKING INTO CONSIDERATION CHARGES FOR PACKING, CRATING, DRAYING, AND FREIGHT CHARGES. PACKING AND CRATING IS ESSENTIAL FOR SHIPMENT BY FREIGHT AND THE WEIGHT OF THE PACKING MATERIAL IS NECESSARILY INCLUDED IN THE "GROSS WEIGHT" OF SUCH SHIPMENT, AND IN THE COMPUTATION OF COSTS FOR PACKING, CRATING, AND DRAYAGE. A 25 PERCENT INCREASE TO COVER TARE IN DETERMINING THE "GROSS WEIGHT" HAS BEEN FOUND TO BE AN EQUITABLE ALLOWANCE FOR SUCH PURPOSE, AND IN THE ABSENCE OF OTHER INFORMATION AS TO THE ACTUAL TARE, IT WILL BE APPLIED IN THE COMPUTATION OF THIS AND SIMILAR CASES.

THE CHANGE IN THE INSTRUCTIONS CONTAINED IN YOUR LETTER WOULD AMEND PARAGRAPH 6 (A) OF ARTICLE 1870, BUREAU OF SUPPLIES AND ACCOUNTS MANUAL, TO READ AS FOLLOWS:

THE HOUSEHOLD EFFECTS THAT MAY BE TRANSPORTED AT PUBLIC EXPENSE UPON CHANGE OF STATION WILL NOT EXCEED, WHEN PREPARED FOR SHIPMENT IN ACCORDANCE WITH THE COMMERCIAL USAGE OF THE CARRIER SELECTED AS THE TRANSPORTING AGENT, THE FOLLOWING GROSS WEIGHTS (REMAINDER UNCHANGED):

NEITHER THE ACT OF MARCH 23, 1910, 36 STAT. 255, MADE APPLICABLE TO THE NAVY BY SECTION 12 OF THE ACT OF MAY 18, 1920, 41 STAT. 604, NOR THE ANNUAL APPROPRIATION ACTS PROVIDING FUNDS FOR THE SHIPMENT OF HOUSEHOLD EFFECTS OF NAVY PERSONNEL, FIXES A WEIGHT ALLOWANCE LIMITATION FOR THE BAGGAGE TO BE SHIPPED AT PUBLIC EXPENSE, THE MATTER BEING CONTROLLED BY REGULATIONS. UNDER THE CIRCUMSTANCES THERE APPEARS NO LEGAL OBJECTION TO THE PROPOSED REGULATIONS.

HOWEVER, THAT THERE MAY BE NO MISUNDERSTANDING, ATTENTION IS CALLED TO THE FACT THAT AS STATED IN THE DECISION OF AUGUST 9, 1937, THE REASON FOR REQUIRING COMPUTATION ON CONSTRUCTIVE TARE WAS BECAUSE OF SHIPMENT BY MOTOR VAN OF A NET WEIGHT LESS THAN THE AUTHORIZED GROSS WEIGHT, BUT APPROXIMATELY EQUAL TO THE AUTHORIZED GROSS WEIGHT IF INCREASED BY THE PROBABLE TARE AT A COST EQUAL TO SHIPMENT OF THE AUTHORIZED ALLOWANCE AND A FURTHER SHIPMENT BY RAILROAD FREIGHT OF THE DIFFERENCE BETWEEN THE WEIGHT OF THE VAN SHIPMENT UNCRATED AND THE MAXIMUM GROSS WEIGHT AUTHORIZED FOR THE OFFICER. COMPARISON OF COSTS MUST BE ON THE ACTUAL WEIGHT SHIPPED--- NOT ON THE MAXIMUM ALLOWANCE OF THE OFFICER UNLESS THAT IS THE WEIGHT ACTUALLY SHIPPED. IF MORE THAN ONE SHIPMENT IS MADE ON A PARTICULAR CHANGE OF STATION THE TOTAL PAYMENTS FOR ALL ITEMS--- PACKING, CRATING, DRAYAGE, AND SHIPPING--- FOR THE WEIGHTS SHIPPED (WITHIN THE AUTHORIZED ALLOWANCE) MAY NOT EXCEED THE COST OF PACKING, CRATING, DRAYING, AND SHIPPING THE AGGREGATE OF THE WEIGHTS OF THE SHIPMENTS (WITHIN THE AUTHORIZED ALLOWANCE) FROM THE OFFICER'S OLD STATION TO HIS NEW STATION.