A-12436, JANUARY 22, 1926, 5 COMP. GEN. 520

A-12436: Jan 22, 1926

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TRANSPORTATION OF HOUSEHOLD EFFECTS - OFFICERS OF THE NAVY WRITTEN AUTHORITY FOR AN OFFICER OF THE NAVY TO HAVE HIS HOUSEHOLD EFFECTS TRANSPORTED UPON CHANGE OF STATION AT HIS OWN EXPENSE SUBJECT TO REIMBURSEMENT. APPLIED FOR AND SECURED AFTER THE GOODS HAVE BEEN SHIPPED. IS NOT SUCH COMPLIANCE WITH REGULATIONS OF THE NAVY DEPARTMENT RELATIVE THERETO AS TO ENTITLE THE OFFICER TO REIMBURSEMENT FOR THE COST OF SUCH SHIPMENT. INDORSEMENTS ON YOUR ORDERS SHOW THAT YOU WERE DETACHED FROM THE UTAH ON MAY 30. THE HOME YARD OF THE UTAH AT THE TIME OF YOUR DETACHMENT WAS AT BOSTON. YOUR CLAIM WAS DISALLOWED BECAUSE THE EVIDENCE DID NOT SHOW PROPER AUTHORIZATION IN WRITING FOR THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS AT YOUR OWN EXPENSE AS REQUIRED BY SECTIONS 8 AND 12 OF GENERAL ORDER NO. 36.

A-12436, JANUARY 22, 1926, 5 COMP. GEN. 520

TRANSPORTATION OF HOUSEHOLD EFFECTS - OFFICERS OF THE NAVY WRITTEN AUTHORITY FOR AN OFFICER OF THE NAVY TO HAVE HIS HOUSEHOLD EFFECTS TRANSPORTED UPON CHANGE OF STATION AT HIS OWN EXPENSE SUBJECT TO REIMBURSEMENT, APPLIED FOR AND SECURED AFTER THE GOODS HAVE BEEN SHIPPED, IS NOT SUCH COMPLIANCE WITH REGULATIONS OF THE NAVY DEPARTMENT RELATIVE THERETO AS TO ENTITLE THE OFFICER TO REIMBURSEMENT FOR THE COST OF SUCH SHIPMENT.

COMPTROLLER GENERAL MCCARL TO LIEUT. F. E. ELKINS, UNITED STATES NAVY, JANUARY 22, 1926:

THERE HAS BEEN RECEIVED YOUR LETTER OF AUGUST 14, 1925, REQUESTING REVIEW OF SETTLEMENT NO. 132309-N, DATED AUGUST 6, 1925, OF YOUR CLAIM FOR REIMBURSEMENT FOR TRANSPORTATION OF YOUR HOUSEHOLD EFFECTS FROM MILLTOWN, N.J., TO MERCHANTVILLE, N.J., UNDER ORDERS OF MAY 12, 1925, DETACHING YOU FROM DUTY ON THE U.S.S. UTAH AND DIRECTING YOU TO REPORT TO THE NAVY YARD, PHILADELPHIA, PA., FOR DUTY.

INDORSEMENTS ON YOUR ORDERS SHOW THAT YOU WERE DETACHED FROM THE UTAH ON MAY 30, 1925, AND REPORTED FOR DUTY AT PHILADELPHIA ON JULY 6, 1925. THE HOME YARD OF THE UTAH AT THE TIME OF YOUR DETACHMENT WAS AT BOSTON, MASS., AND THE ORDERS OF MAY 12, 1925, EFFECTED A PERMANENT CHANGE OF STATION.

YOUR CLAIM WAS DISALLOWED BECAUSE THE EVIDENCE DID NOT SHOW PROPER AUTHORIZATION IN WRITING FOR THE SHIPMENT OF YOUR HOUSEHOLD EFFECTS AT YOUR OWN EXPENSE AS REQUIRED BY SECTIONS 8 AND 12 OF GENERAL ORDER NO. 36, NAVY DEPARTMENT, JANUARY 5, 1921. IN YOUR REQUEST FOR REVIEW YOU STATE THAT ON JUNE 6, 1925, YOU APPLIED AT THE OFFICE OF THE SUPPLY OFFICER, NAVY YARD, PHILADELPHIA, ., FOR AUTHORIZATION TO SHIP YOUR HOUSEHOLD EFFECTS, AND THAT YOU WERE VERBALLY AUTHORIZED AND DIRECTED TO MOVE YOUR EFFECTS, AND THAT, PURSUANT TO SUCH VERBAL AUTHORIZATION, YOU SECURED BIDS AND HAD YOUR EFFECTS TRANSPORTED AT YOUR OWN EXPENSE AS REQUIRED BY REGULATIONS AT A COST OF $60; THAT AFTER RECEIPT OF NOTICE FROM THIS OFFICE OF DISALLOWANCE OF YOUR CLAIM YOU APPLIED FOR A WRITTEN CONFIRMATION OF THE SUPPLY OFFICER'S VERBAL AUTHORIZATION TO MAKE SAID SHIPMENT. YOU SUBMIT WRITTEN AUTHORITY OF THE SUPPLY OFFICER, NAVY YARD, PHILADELPHIA, PA., TO SHIP 6,000 POUNDS HOUSEHOLD EFFECTS FROM MILLTOWN, N.J., TO MERCHANTVILLE, N.J. THIS AUTHORIZATION BEARS DATE OF JUNE 6, 1925, BUT, ACCORDING TO YOUR OWN STATEMENT WAS NOT ISSUED ON THAT DATE, BUT ANTEDATED TO AGREE WITH DATE OF THE VERBAL AUTHORIZATION WHICH YOU CLAIM TO HAVE RECEIVED.

REGULATIONS, PARAGRAPH 1 (B), OF SECTION 8 OF GENERAL ORDER NO. 36, 1921, PROVIDES THAT---

1. NO HOUSEHOLD EFFECTS SHALL BE PACKED, CRATED, OR TRANSPORTED AT PUBLIC EXPENSE---

(B) UNTIL THE OWNER OR HIS AGENT RECEIVES AUTHORITY IN WRITING TO EFFECT SHIPMENT AT HIS OWN EXPENSE, SUBJECT TO CLAIM FOR REIMBURSEMENT * * *

AND IN SECTION 12 OF SAID GENERAL ORDER THERE IS THE FOLLOWING PROVISION:

* * * IT MUST BE DEFINITELY UNDERSTOOD, HOWEVER, THAT REIMBURSEMENT CAN NOT BE MADE IN CASES WHERE THE OWNER UNDERTAKES TO PACK, CRATE, AND TRANSPORT HIS HOUSEHOLD EFFECTS WITHOUT FIRST OBTAINING AUTHORIZATION FROM THE PROPER OFFICER IN WRITING, TO TAKE SUCH ACTION.

AN OFFICER'S RIGHT TO TRANSPORTATION OF HOUSEHOLD EFFECTS WHEN ORDERED TO MAKE A PERMANENT CHANGE OF STATION RESTS ON REGULATIONS, AND WHERE THE PROVISIONS OF THE REGULATIONS ARE NOT COMPLIED WITH THERE IS NO AUTHORITY TO PAY FROM GOVERNMENT FUNDS THE EXPENSE OF SUCH TRANSPORTATION. YOU FAILED TO SECURE SUCH WRITTEN AUTHORITY BEFORE MAKING SHIPMENT OF YOUR EFFECTS, AND THE AUTHORITY SUBSEQUENTLY ISSUED AND ANTEDATED IS NOT A COMPLIANCE WITH THE REGULATIONS WITH RESPECT THERETO.

NOT HAVING COMPLIED WITH THE REGULATION RELATIVE TO SECURING WRITTEN AUTHORITY FOR HAULING YOUR HOUSEHOLD EFFECTS, YOU ARE NOT ENTITLED TO REIMBURSEMENT FOR THE COST THEREOF. 1 COMP. GEN. 118.