A-10827, OCTOBER 3, 1925, 5 COMP. GEN. 229

A-10827: Oct 3, 1925

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REMOVAL OF HOUSEHOLD EFFECTS OF AN OFFICER OF THE COAST AND GEODETIC SURVEY FROM STORAGE AT NEW STATION AN OFFICER OF THE COAST AND GEODETIC SURVEY WHOSE HOUSEHOLD EFFECTS AT THE TIME OF HIS PERMANENT CHANGE OF STATION WERE IN STORAGE AT HIS NEW STATION IS ENTITLED TO REIMBURSEMENT OF THE EXPENSE OF THEIR REMOVAL FROM STORAGE TO HIS PLACE OF RESIDENCE AT THE NEW STATION. FROM THE PLACE WHERE THEY WERE STORED TO HIS RESIDENCE IN WASHINGTON. IT APPEARS THAT DURING THE TIME LIEUTENANT HAWLEY WAS STATIONED AT NORFOLK. HIS HOUSEHOLD GOODS WERE IN STORAGE WITH THE UNITED STATES STORAGE CO. WAS MADE BY YOU TO THE STORAGE COMPANY BY VOUCHER NO. 63648 IN YOUR ACCOUNTS FOR SEPTEMBER. THE DISALLOWANCE OF CREDIT WAS ON THE GROUND THAT AS LIEUTENANT HAWLEY'S HOUSEHOLD EFFECTS WERE IN WASHINGTON WHEN HE WAS ORDERED THERE NO RIGHT TO TRANSPORTATION AT GOVERNMENT EXPENSE ACCRUED TO HIM AND.

A-10827, OCTOBER 3, 1925, 5 COMP. GEN. 229

REMOVAL OF HOUSEHOLD EFFECTS OF AN OFFICER OF THE COAST AND GEODETIC SURVEY FROM STORAGE AT NEW STATION AN OFFICER OF THE COAST AND GEODETIC SURVEY WHOSE HOUSEHOLD EFFECTS AT THE TIME OF HIS PERMANENT CHANGE OF STATION WERE IN STORAGE AT HIS NEW STATION IS ENTITLED TO REIMBURSEMENT OF THE EXPENSE OF THEIR REMOVAL FROM STORAGE TO HIS PLACE OF RESIDENCE AT THE NEW STATION, PROVIDED THE COST THEREOF DOES NOT EXCEED THE COST OF PACKING, CRATING, AND TRANSPORTATION FROM THE OLD TO THE NEW STATION. (THIS DECISION, IN EFFECT, OVERRULES 2 COMP. GEN. 598.)

COMPTROLLER GENERAL MCCARL TO J. M. GRIFFIN, DISBURSING AGENT, UNITED STATES COAST AND GEODETIC SURVEY, OCTOBER 3, 1925:

THERE HAS BEEN RECEIVED YOUR LETTER OF AUGUST 5, 1925, REQUESTING REVIEW OF THE ACTION OF THIS OFFICE DISALLOWING CREDIT IN YOUR DISBURSING ACCOUNT FOR $40 PAID BY YOU IN CONNECTION WITH THE MOVING OF THE HOUSEHOLD GOODS BY LIEUT. J. H. HAWLEY, COAST AND GEODETIC SURVEY, FROM THE PLACE WHERE THEY WERE STORED TO HIS RESIDENCE IN WASHINGTON, D.C., INCIDENT TO HIS PERMANENT CHANGE OF STATION FROM NORFOLK, VA., TO WASHINGTON, D.C.

IT APPEARS THAT DURING THE TIME LIEUTENANT HAWLEY WAS STATIONED AT NORFOLK, VA., HIS HOUSEHOLD GOODS WERE IN STORAGE WITH THE UNITED STATES STORAGE CO., WASHINGTON, D.C., AND UPON REPORTING TO WASHINGTON UNDER HIS ASSIGNMENT TO PERMANENT DUTY HE HAD HIS GOODS HAULED BY THE STORAGE COMPANY FROM THEIR PLACE OF STORAGE TO HIS RESIDENCE. PAYMENT OF THE STORAGE CHARGE, $40, WAS MADE BY YOU TO THE STORAGE COMPANY BY VOUCHER NO. 63648 IN YOUR ACCOUNTS FOR SEPTEMBER, 1924. THE DISALLOWANCE OF CREDIT WAS ON THE GROUND THAT AS LIEUTENANT HAWLEY'S HOUSEHOLD EFFECTS WERE IN WASHINGTON WHEN HE WAS ORDERED THERE NO RIGHT TO TRANSPORTATION AT GOVERNMENT EXPENSE ACCRUED TO HIM AND, THEREFORE, TO CHARGE THE DRAYAGE COST TO THE UNITED STATES WOULD CONSTITUTE A SUBSTITUTION OF EXPENSES WHICH IS PROHIBITED BYLAW.

SECTION 12 OF THE ACT OF MAY 18, 1920, 41 STAT. 604, PROVIDES IN PART:

* * * THAT THE PERSONNEL OF THE NAVY SHALL HAVE THE BENEFIT OF ALL EXISTING LAWS APPLYING TO THE ARMY AND MARINE CORPS FOR THE TRANSPORTATION OF HOUSEHOLD EFFECTS.

SECTION 11 OF THE ABOVE ACT CONFERS ON OFFICERS OF THE COAST AND GEODETIC SURVEY THE SAME PAY AND ALLOWANCES AS NOW ARE OR MAY HEREAFTER PRESCRIBED FOR OFFICERS OF THE NAVY. IN 27 COMP. DEC. 371 IT WAS HELD THAT THE WORD ALLOWANCES IN SECTION 11 INCLUDED THE RIGHT TO TRANSPORTATION OF HOUSEHOLD EFFECTS ON CHANGE OF STATION.

THE RIGHT OF OFFICERS TO HAVE THEIR HOUSEHOLD GOODS TRANSPORTED BY THE GOVERNMENT ON CHANGE OF STATION HAD ITS INCEPTION IN LEGISLATION APPLICABLE TO THE ARMY, EXCLUSIVELY, AND THE EFFECT OF THE ABOVE PROVISIONS OF LAW WAS TO EXTEND THE GENERAL BENEFITS OF THE ARMY LEGISLATION, IN THAT CONNECTION, TO OFFICERS OF THE NAVY AND OF THE COAST AND GEODETIC SURVEY; TO THE EXTENT THEREFORE ARMY PRACTICE AND REGULATIONS CONFORM TO LAW THEY ARE INDICATIVE OF THE RIGHTS EXTENDED TO NAVY OFFICERS AND TO THE COMMISSIONED OFFICERS OF THE COAST AND GEODETIC SURVEY BY THE ACT OF MAY 18, 1920.

ARMY REGULATIONS (AR 30-960, PAR. 20) AUTHORIZE AN OFFICER ON PERMANENT CHANGE OF STATION TO HAVE HIS BAGGAGE SHIPPED BY THE UNITED STATES FROM HIS LAST STATION TO HIS NEW STATION; FROM HIS LAST STATION TO ANY POINT DESIGNATED BY HIM; OR FROM ANY POINT TO HIS NEW STATION, SUBJECT, HOWEVER, TO THE CONDITION THAT THE COST OF TRANSPORTATION CHARGEABLE TO THE UNITED STATES SHALL NOT EXCEED WHAT IT WOULD COST THE UNITED STATES TO TRANSPORT THE OFFICER'S EFFECTS FROM THE OLD TO HIS NEW STATION. PARAGRAPH 24 OF THE ABOVE REGULATIONS AUTHORIZES THE HAULING OF THE BAGGAGE TO THE RESIDENCE OF THE OFFICER INCIDENTAL TO ITS TRANSPORTATION TO HIS NEW STATION.

UNDER THE LAW AND REGULATIONS APPLICABLE TO HIS CASE LIEUTENANT HAWLEY WAS ENTITLED TO HAVE HIS HOUSEHOLD EFFECTS TRANSPORTED BY THE GOVERNMENT FROM HIS OLD STATION, NORFOLK, VA., TO HIS NEW STATION, WASHINGTON, D.C. AS HIS RIGHT TO DRAYAGE TO HIS RESIDENCE IN WASHINGTON WAS INCIDENTAL TO HIS RIGHT TO TRANSPORTATION ON CHANGE OF STATION, NO SUBSTITUTION OF EXPENSES WAS INVOLVED. WITHIN THE LIMITATIONS PRESCRIBED BY LAW AND THE REGULATIONS HE WAS ENTITLED TO HAVE HIS HOUSEHOLD GOODS MOVED FROM THEIR STORAGE PLACE TO HIS RESIDENCE IN WASHINGTON AT THE EXPENSE OF THE UNITED STATES.

FROM THE EVIDENCE PRESENTED BY YOU IT IS SHOWN THAT PRIOR TO INCURRING THE EXPENSE FOR DRAYAGE LIEUTENANT HAWLEY SECURED AUTHORITY FROM THE ASSISTANT DIRECTOR OF THE COAST AND GEODETIC SURVEY TO TRANSPORT HIS GOODS AND ALSO THE APPROVAL OF THAT OFFICIAL TO THE PROPOSAL OF THE STORAGE COMPANY TO PERFORM THE DRAYAGE SERVICE AT A COST OF $40. AS LIEUTENANT HAWLEY CONFORMED TO THE REGULATIONS APPLICABLE IN HIS CASE, HIS EXPENDITURE FOR DRAYAGE WAS A PROPER CHARGE AGAINST THE UNITED STATES AND YOUR DISBURSEMENT IN THAT CONNECTION WAS AUTHORIZED. THE AMOUNT THEREOF, $40, WILL BE CREDITED TO YOUR ACCOUNT. THE ACTION IN THIS CASE SHOULD BE DISTINGUISHED FROM A REMOVAL OF THE OFFICER'S BAGGAGE FROM ONE PLACE OF RESIDENCE TO ANOTHER AT THE SAME STATION, AS TO WHICH SEE 2 COMP. GEN. 344.