A-16130, NOVEMBER 5, 1926, 6 COMP. GEN. 320

A-16130: Nov 5, 1926

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THEREBY EFFECTING A SAVING TO THE GOVERNMENT IS NOT. ENTITLED TO A REMISSION OF ANY CHARGE AGAINST HIM FOR THE EXCESS COST ARISING IN CONNECTION WITH THE SHIPMENT WHICH WAS IN EXCESS OF HIS REGULATION ALLOWANCE. 1926: THERE IS FOR CONSIDERATION THE QUESTION WHETHER THE AMOUNT OF $52.54 ASCERTAINED TO BE DUE FROM MAJ. IS CORRECT. MAJOR HALL WAS DIRECTED TO REPORT TO FORT LEAVENWORTH. SUCH AUTHORITY WAS GRANTED HIM BY THE QUARTERMASTER. SINCE THERE IS NO AUTHORITY FOR STUDENTS TO SHIP HORSES TO FT. THE GOVERNMENT WILL ALLOW HIM THE COST OF SHIPPING HIS HOUSEHOLD GOODS HERE AND HE WILL HAVE TO PAY THE DIFFERENCE BETWEEN THAT AND THE COST OF THE CAR. 904 BY SETTLEMENT OF THIS OFFICE PAYMENT WAS MADE TO THE CARRIER ON A CARLOAD BASIS OF 22.

A-16130, NOVEMBER 5, 1926, 6 COMP. GEN. 320

TRANSPORTATION - HOUSEHOLD EFFECTS AND PRIVATE MOUNTS OF ARMY OFFICERS AN OFFICER OF THE ARMY WHO TRANSPORTS HIS PROPERTY ON CHANGE OF STATION BY SEPARATE CARLOAD LOT, INCLUDING IN THE SHIPMENT THE PROPERTY OF ANOTHER OFFICER ENTITLED TO TRANSPORTATION OF HIS PROPERTY AT GOVERNMENT EXPENSE, THEREBY EFFECTING A SAVING TO THE GOVERNMENT IS NOT, BY REASON OF SUCH SAVING, ENTITLED TO A REMISSION OF ANY CHARGE AGAINST HIM FOR THE EXCESS COST ARISING IN CONNECTION WITH THE SHIPMENT WHICH WAS IN EXCESS OF HIS REGULATION ALLOWANCE.

DECISION BY COMPTROLLER GENERAL MCCARL, NOVEMBER 5, 1926:

THERE IS FOR CONSIDERATION THE QUESTION WHETHER THE AMOUNT OF $52.54 ASCERTAINED TO BE DUE FROM MAJ. H. W. HALL, UNITED STATES ARMY, AS EXCESS COST IN CONNECTION WITH THE TRANSPORTATION OF HIS HOUSEHOLD GOODS AND TWO PRIVATE MOUNTS FROM BOISE, IDAHO, TO FORT LEAVENWORTH, KANS., IS CORRECT. THE MATTER ARISES IN THE SETTLEMENT OF THE CARRIER'S BILL FOR THE SERVICE.

IT APPEARS BY ORDERS DATED APRIL 2, 1925, MAJOR HALL WAS DIRECTED TO REPORT TO FORT LEAVENWORTH, KANS., TO ATTEND THE STUDENTS' COURSE AT THE COMMAND AND GENERAL STAFF SCHOOL AT THAT PLACE; THAT PURSUANT THERETO, ON MAY 4, 1925, HE REQUESTED AUTHORITY TO PROCURE A CAR FOR THE SHIPMENT OF HIS PERSONAL PROPERTY; AND THAT ON MAY 9, 1925, SUCH AUTHORITY WAS GRANTED HIM BY THE QUARTERMASTER, FORT LEAVENWORTH, KANS., AS FOLLOWS:

1. SINCE THERE IS NO AUTHORITY FOR STUDENTS TO SHIP HORSES TO FT. LEAVENWORTH, ANY SHIPMENT THEREOF MUST BE MADE AT THE OFFICER'S EXPENSE. IF HE SECURES A CAR AND CAN SHIP HIS HOUSEHOLD GOODS AND THE HORSES IN THE SAME CAR, ON GOVERNMENT BILL OF LADING, THE GOVERNMENT WILL ALLOW HIM THE COST OF SHIPPING HIS HOUSEHOLD GOODS HERE AND HE WILL HAVE TO PAY THE DIFFERENCE BETWEEN THAT AND THE COST OF THE CAR.

BILL OF LADING NO. 1333528, DATED AUGUST 10, 1925, SHOWS SHIPMENT TO MAJOR HALL, FORT LEAVENWORTH, KANS., OF THE FOLLOWING PROPERTY:

TABLE

POUNDS

HOUSEHOLD GOODS -------------------------------- 7,247

BOOKS ------------------------------------------ 1,157

FIVE MOUNTS ------------------------------------ 5,500

TOTAL -------------------------------------13,904

BY SETTLEMENT OF THIS OFFICE PAYMENT WAS MADE TO THE CARRIER ON A CARLOAD BASIS OF 22,400 POUNDS AT $1.46 PER HUNDREDWEIGHT, AMOUNTING TO $327.04.

OF THE PROPERTY LISTED IN THE BILL OF LADING IT APPEARS THAT THE HOUSEHOLD GOODS, THE BOOKS AND TWO OF THE MOUNTS WERE THE PROPERTY OF MAJOR HALL AND THAT THE THREE ADDITIONAL MOUNTS WERE THE PROPERTY OF MAJ. JOHN F. WALL, CAVALRY, WHO HAD LEFT HIS MOUNTS AT BOISE, IDAHO, WHEN HE WAS RELIEVED FROM DUTY THERE, AND IT APPEARS THAT BY ARRANGEMENT BETWEEN THE OFFICERS, MAJOR HALL HAD INCLUDED IN HIS SHIPMENT THE THREE HORSES OF MAJOR WALL.

ARMY REGULATION 605-130, PARAGRAPH 4, PROVIDES THAT PRIVATE MOUNTS OF OFFICERS WILL NOT BE TRANSPORTED TO THE NEW STATION OF AN OFFICER ORDERED TO DUTY AS A STUDENT AT A SERVICE SCHOOL. AS MAJOR HALL WAS ORDERED TO A SERVICE SCHOOL AND AS THE $52.54 CHARGED AGAINST HIM REPRESENTS THE PRORATA AMOUNT OF THE TRANSPORTATION COST OF HIS TWO HORSES, SAID AMOUNT WAS THEREFORE NOT A PROPER CHARGE AGAINST THE UNITED STATES. HE CONTENDS, HOWEVER, THAT HE SHOULD NOT BE REQUIRED TO PAY THE COST OF TRANSPORTATION FOR HIS MOUNTS FOR THE REASON THAT BY INCLUDING MAJOR WALL'S THREE HORSES IN HIS SHIPMENT HE EFFECTED A SAVING TO THE GOVERNMENT. HE STATES THAT MAJOR WALL WAS ASSIGNED TO ASHEVILLE, N.C., AND WOULD HAVE BEEN ENTITLED TO HAVE HIS MOUNTS TRANSPORTED AT GOVERNMENT EXPENSE FROM BOISE TO THAT POINT AND THEREFORE HAD HE (MAJOR HALL) NOT INCLUDED THEM WITH HIS SHIPMENT THE UNITED STATES WOULD HAVE BEEN OBLIGATED FOR THE TRANSPORTATION OF MAJOR WALL'S MOUNTS IN AN AMOUNT MANY TIMES GREATER THAN THE AMOUNT HE IS NOW ASKED TO PAY THE GOVERNMENT IN CONNECTION WITH THE TRANSPORTATION OF HIS OWN MOUNTS.

THE OFFICER WAS ENTITLED TO HAVE HIS REGULATION CHANGE OF STATION BAGGAGE ALLOWANCE TRANSPORTED AT THE EXPENSE OF THE UNITED STATES AND UNDER THE SETTLEMENT THIS HE HAS RECEIVED. THE FACT THAT BY SECURING A CAR AND INCLUDING OTHER PROPERTY THE COST TO THE GOVERNMENT WAS LESS THAN IF HIS AUTHORIZED BAGGAGE ALLOWANCE AND THE OTHER PROPERTY WHICH THE UNITED STATES WOULD HAVE TRANSPORTED HAD BEEN SHIPPED AS LESS THAN CARLOAD SHIPMENTS DOES NOT INCREASE HIS RIGHTS OR GIVE HIM A RIGHT TO SHIP GOODS OR HORSES IN EXCESS OF HIS REGULATION ALLOWANCE AT THE EXPENSE OF THE UNITED STATES. THE RIGHT GIVEN BY THE LAW AND REGULATIONS IN SHIPMENT OF THE REGULATION ALLOWANCE AT THE EXPENSE OF THE GOVERNMENT--- A SERVICE IN KIND--- WITHOUT REFERENCE TO RATE OF CHARGES BECAUSE OF THE CONDITIONS SURROUNDING THE SHIPMENT (THE CASE IS OTHERWISE IF THE CHARACTER OF THE BAGGAGE INCREASES THE RATE). WHEN HE HAS RECEIVED TRANSPORTATION IN KIND FOR HIS AUTHORIZED ALLOWANCE HE HAS RECEIVED ALL TO WHICH HE IS ENTITLED. THE HORSES INCLUDED IN THIS SHIPMENT BY THE CLAIMANT OFFICER CONSTITUTED AN EXCESS; THEY WERE AUTHORIZED TO BE SHIPPED ON GOVERNMENT BILL OF LADING ONLY UNDER THE CONDITIONS PROVIDED IN THE ACT OF APRIL 27, 1914, 38 STAT. 365, AS FOLLOWS:

* * * THAT HEREAFTER PRIVATE MOUNTS OF OFFICERS IN EXCESS OF THE AUTHORIZED MOUNTS MAY BE SHIPPED ON GOVERNMENT BILL OF LADING WITH AUTHORIZED MOUNTS, AND REIMBURSEMENT COLLECTED FOR TRANSPORTATION CHARGES ON SUCH EXCESS MOUNTS: * * *

THE LAW IS MANDATORY THAT REIMBURSEMENT SHALL BE "COLLECTED FOR TRANSPORTATION CHARGES ON SUCH EXCESS.'