A-25735, MARCH 15, 1929, 8 COMP. GEN. 490

A-25735: Mar 15, 1929

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ARE SHIPPED IN PART TO HIS NEW STATION AND IN PART TO A POINT OF STORAGE. THE SHIPMENT TO THE PLACE OF STORAGE WILL BE REGARDED AS EMBRACING THE EXCESS. THE RULE OF APPORTIONING THE EXPENSE AS FOR CARLOAD SHIPMENTS IS NOT APPLICABLE. TO EITHER INCREASE THE AMOUNT TO BE BORNE BY THE OFFICER OR REDUCE THE AMOUNT FOR WHICH THE GOVERNMENT IS OTHERWISE OBLIGATED. WHERE SHIPMENT OF PART OF THE AUTHORIZED ALLOWANCE OF AN OFFICER OF THE ARMY IS MADE. THE EXCESS COST TO THE GOVERNMENT OF THE PART SHIPPED TO STORAGE IS THE ENTIRE COST OF SUCH SHIPMENT. WHICH WILL BE CONSIDERED A CLAIM FOR REFUND OF $9.89. WHICH WERE SHIPPED ON BILL OF LADING W.Q.A.-1647571. WHICH WERE SHIPPED ON BILL OF LADING W.Q.A.-1647572.

A-25735, MARCH 15, 1929, 8 COMP. GEN. 490

TRANSPORTATION - HOUSEHOLD EFFECTS - EXCESS - SHIPMENTS TO TWO PLACES WHERE THE PERSONAL EFFECTS OF AN OFFICER OF THE ARMY, INCLUDING WEIGHT IN EXCESS OF THE AUTHORIZED ALLOWANCE, ARE SHIPPED IN PART TO HIS NEW STATION AND IN PART TO A POINT OF STORAGE, THE SHIPMENT TO THE PLACE OF STORAGE WILL BE REGARDED AS EMBRACING THE EXCESS, AND SUCH SHIPMENT NOT BEING SUBJECT TO THE SAME RATES OR CONDITIONS AFFECTING THE SHIPMENT TO HIS NEW STATION, THE RULE OF APPORTIONING THE EXPENSE AS FOR CARLOAD SHIPMENTS IS NOT APPLICABLE, TO EITHER INCREASE THE AMOUNT TO BE BORNE BY THE OFFICER OR REDUCE THE AMOUNT FOR WHICH THE GOVERNMENT IS OTHERWISE OBLIGATED. WHERE SHIPMENT OF PART OF THE AUTHORIZED ALLOWANCE OF AN OFFICER OF THE ARMY IS MADE, ON PERMANENT CHANGE OF STATION, TO HIS NEW STATION AND PART TO A POINT OF STORAGE, THE EXCESS COST TO THE GOVERNMENT OF THE PART SHIPPED TO STORAGE IS THE ENTIRE COST OF SUCH SHIPMENT, LESS THE DIFFERENCE, IF ANY, BETWEEN THE COST TO THE GOVERNMENT COMPUTED ON THE BASIS OF SHIPMENT OF THE ENTIRE AUTHORIZED ALLOWANCE, INCLUDING POSSIBLE CARLOAD COMBINATIONS, TO THE NEW STATION AND THE AMOUNT ACTUALLY PAID ON THE SHIPMENT MADE TO THE NEW STATION.

COMPTROLLER GENERAL MCCARL TO CAPT. R. T. W. DUKE, UNITED STATES ARMY, MARCH 15, 1929:

THERE HAS BEEN RECEIVED BY REFERENCE OF THE FINANCE OFFICER, WASHINGTON, D.C., YOUR LETTER OF JULY 5, 1928, WHICH WILL BE CONSIDERED A CLAIM FOR REFUND OF $9.89, OF THE AMOUNT OF $23.40 COLLECTED JULY 10, 1928, AS EXCESS COST TO THE GOVERNMENT, ON ACCOUNT OF SHIPMENT, MAY 15, 1928, OF YOUR HOUSEHOLD GOODS AND PERSONAL EFFECTS FROM COLUMBUS, GA., IN PART, TO FORT HOWARD, MD., AND IN PART TO WASHINGTON, D.C.

PARAGRAPH 28 OF SPECIAL ORDERS NO. 85, WAR DEPARTMENT, DATED APRIL 11, 1928, RELIEVED YOU FROM ASSIGNMENT AND DUTY AT THE INFANTRY SCHOOL, FORT BENNING, GA., AND ASSIGNED YOU TO DUTY WITH THE TWELFTH INFANTRY AT FORT HOWARD, MD. IT APPEARS THAT PURSUANT TO THESE ORDERS YOU TURNED OVER TO THE QUARTERMASTER FOR SHIPMENT TO FORT HOWARD 59 PACKAGES OF HOUSEHOLD GOODS, WEIGHING 6,902 POUNDS, AND 9 BOXES OF PROFESSIONAL BOOKS, WEIGHING 1,678 POUNDS, WHICH WERE SHIPPED ON BILL OF LADING W.Q.A.-1647571, DATED MAY 15, 1928, AT A COST TO THE GOVERNMENT OF $154.55. AT THE SAME TIME YOU TURNED OVER TO THE QUARTERMASTER FOR SHIPMENT TO WASHINGTON, D.C., 1 BOX AND 5 CRATES OF HOUSEHOLD GOODS, WEIGHING 700 POUNDS, WHICH WERE SHIPPED ON BILL OF LADING W.Q.A.-1647572, DATED MAY 15, 1928, AT A COST TO THE GOVERNMENT OF $13.51. YOU WERE ENTITLED TO HAVE SHIPPED FROM YOUR OLD TO YOUR NEW STATION AT GOVERNMENT EXPENSE 7,00O POUNDS OF BAGGAGE AND YOUR PROFESSIONAL BOOKS.

THE COMPUTATION BY THE FINANCE OFFICER CONSTITUTING THE BASIS OF YOUR CLAIM IS AS FOLLOWS: CHART B/L 1647572---5/15/28---COLUMBUS, GA., TO WASHINGTON, D.C.,

700 LBS. AT 1.93 PER CWT- - - - - - - - - - - - - - - - - $13.51 B/L 1647571---5/15/28---COLUMBUS, GA., TO SPARROWS POINT,

MD., 8,580 AS 12,000 LBS. AT 1.27 PER CWT- - - - - - - - 152.40

------$165.91

(LOADING CHARGES ON THIS ITEM $2.15 ADDITIONAL.)

MAXIMUM GOVERNMENT PROPORTION BASED ON COST IF SHIPPED IN ONE

LOT TO FORT HOWARD, MD. (9,280 LBS. AS 12,000 LBS. AT 1.27 PER

CWT. $152.40.) TOTAL AUTHORIZED WEIGHT 8,678 OF

$152.40 - - - - - - - - - - 142.51

OVER TOTAL WEIGHT SHIPPED 9,280.

AMOUNT PAYABLE FOR EXCESS' - - - - - - - - - - - - 23.40

THIS COMPUTATION SEEMS TO BE BASED ON PARAGRAPH 15, ARMY REGULATIONS 30- 960, DATED SEPTEMBER 20, 1927, AS FOLLOWS:

CONSOLIDATED SHIPMENT OF BAGGAGE AND PRIVATE MOUNTS.--- IN ORDER TO ENABLE THE QUARTERMASTER CORPS TO CONSOLIDATE SHIPMENTS AND SECURE THE APPLICATION OF THE LOWEST POSSIBLE RATE (SUCH AS CARLOAD OR EMIGRANT MOVABLES), EACH PERSON ENUMERATED IN PARAGRAPH 10 WILL, ON CHANGE OF STATION, TURN OVER TO THE QUARTERMASTER CORPS AT ONE TIME (EXCEPT WHEN OTHERWISE AUTHORIZED UNDER PARS. 3 AND 10) HIS ENTIRE SHIPMENT OF BAGGAGE WITHIN HIS AUTHORIZED CHANGE OF STATION ALLOWANCE, INCLUDING PROFESSIONAL BOOKS AND PAPERS, AND IN ADDITION THERETO,ANY AUTHORIZED PRIVATE MOUNTS, FOR MOVEMENTS AS A CONSOLIDATED SHIPMENT. THESE INSTRUCTIONS MAY BE DEVIATED FROM ONLY WHEN ANY EXCESS COST RESULTING THEREFROM IS BORNE BY THE OWNER.

THE RULE THERE STATED IS IN TERMS APPLICABLE TO THE OFFICER'S"AUTHORIZED CHANGE OF STATION ALLOWANCE.' SEE DECISION OF DECEMBER 26, 1928, IN THE CASE OF MAJ. E. S. HUGHES, A-25178, 8 COMP. GEN. 314. IN THE INSTANT CASE THE ENTIRE AUTHORIZED CHANGE OF STATION ALLOWANCE, INCLUDING 602 POUNDS IN EXCESS OF THE WEIGHT AUTHORIZED TO BE SHIPPED AT GOVERNMENT EXPENSE, WAS TURNED OVER TO THE QUARTERMASTER FOR SHIPMENT AT THE SAME TIME, BUT 700 POUNDS THEREOF WERE FOR SHIPMENT TO A PLACE OTHER THAN YOUR NEW STATION, UNDER THE PROVISIONS OF PARAGRAPH 10B (1) OF THE REGULATIONS CITED.

THE ACT OF MARCH 23, 1910, 36 STAT. 255, PROVIDES THAT:

* * * HEREAFTER BAGGAGE IN EXCESS OF REGULATION CHANGE OF STATION ALLOWANCES MAY BE SHIPPED WITH SUCH ALLOWANCES, AND REIMBURSEMENT COLLECTED FOR TRANSPORTATION CHARGES ON SUCH EXCESS * * *

THIS ACT DID NOT CHANGE THE RESPONSIBILITY OF THE OFFICER AS TO HIS EXCESS BAGGAGE. (18 COMP. DEC. 494; 22 ID. 557.) IT HAS BEEN A RULE OF LONG STANDING THAT WHERE THE QUANTITY EMBRACED IN A SHIPMENT OF AN OFFICER'S PERSONAL EFFECTS ON PERMANENT CHANGE OF STATION INCLUDES AN EXCESS OVER THE ALLOWANCE TO BE SHIPPED AT GOVERNMENT EXPENSE, THE ENTIRE SHIPMENT TAKING THE SAME RATE, THE CHARGES THEREFOR ARE APPORTIONED BETWEEN THE OFFICER AND THE GOVERNMENT ON THE BASIS OF ANY REDUCED RATE THAT MAY BE APPLICABLE ON ACCOUNT OF THE QUANTITY SHIPPED. (22 COMP. DEC. 554, 557, AND THE AUTHORITIES THERE CITED.) THE OBLIGATION OF THE GOVERNMENT WAS TO SHIP NOT EXCEEDING 7,000 POUNDS, EXCLUSIVE OF PROFESSIONAL BOOKS, FROM THE OLD TO THE NEW STATION. THERE WERE ACTUALLY TURNED OVER FOR SHIPMENT FROM THE OLD TO THE NEW STATION 6,902 POUNDS OF PERSONAL EFFECTS, WITHIN THE AUTHORIZED ALLOWANCE, AND 1,678 POUNDS OF PROFESSIONAL BOOKS, WHICH WERE ACTUALLY LESS THAN A CARLOAD, BUT WERE CHARGED AS A CARLOAD LOT AT A COST, AS SHOWN BY ABOVE STATEMENT, OF $152.40. THE 700 POUNDS SHIPPED TO WASHINGTON COULD HAVE BEEN SHIPPED IN THE SAME CAR WITHOUT ADDITIONAL EXPENSE TO THE GOVERNMENT, IN WHICH EVENT THE EXCESS TO BE BORNE BY THE OFFICER WOULD HAVE BEEN $9.89. BUT THE EXCESS WAS NOT HERE EMBRACED IN THE SHIPMENT TO THE NEW STATION, AND NOT BEING SUBJECT TO THE SAME RATES OR CONDITIONS THE RULE OF APPORTIONING THE EXPENSES INCURRED IN CONNECTION THEREWITH ON THE BASIS OF WHAT MIGHT HAVE BEEN DONE IS NOT APPLICABLE FOR THE PURPOSE OF EITHER INCREASING THE AMOUNT TO BE BORNE BY THE OFFICER OR REDUCING THE AMOUNT FOR WHICH THE GOVERNMENT IS OTHERWISE OBLIGATED. DECISION OF AUGUST 28, 1926, A 15277.

THE PROVISIONS OF PARAGRAPH 10 (B) (4) (A) OF ARMY REGULATIONS 30 960 ARE THAT WHERE THE COST OF SHIPPING BAGGAGE "WITHIN THE PRESCRIBED ALLOWANCE" FROM THE OLD STATION TO POINT OF STORAGE, EXCEEDS THAT FROM OLD TO NEW STATION THE INDIVIDUAL REQUESTING SHIPMENT WILL BE CHARGED WITH THE AMOUNT OF SUCH EXCESS. OF THE SHIPMENT MADE TO WASHINGTON 98 POUNDS SHOULD BE REGARDED AS A PART OF THE AUTHORIZED ALLOWANCE FOR WHICH YOU ARE REQUIRED TO PAY THE AMOUNT IN EXCESS OF WHAT IT WOULD HAVE COST TO TRANSPORT IT TO YOUR NEW STATION, AND 602 POUNDS EXCESS, THE COST OF TRANSPORTATION TO BE BORNE ENTIRELY BY YOU. THE EXCESS COST TO THE GOVERNMENT BY REASON OF THIS ADDITIONAL SHIPMENT CAN NOT EXCEED THE ACTUAL COST THEREOF, $13.51. THIS AMOUNT MAY BE REDUCED BY THE DIFFERENCE BETWEEN WHAT IT WOULD HAVE COST THE GOVERNMENT TO SHIP THAT PART OF THE AUTHORIZED ALLOWANCE, 98 POUNDS, NOT INCLUDED IN THE SHIPMENT TO YOUR NEW STATION, AND THE AMOUNT OF ITS COST AS ACTUALLY SHIPPED. IT HAS BEEN HEREINBEFORE SHOWN THAT SUCH PART OF YOUR AUTHORIZED ALLOWANCE COULD HAVE BEEN INCLUDED IN THE SHIPMENT TO YOUR NEW STATION WITHOUT ADDITIONAL COST TO THE GOVERNMENT, CONSEQUENTLY THERE IS NO AMOUNT TO BE CREDITED TO THE ACTUAL COST AS SHIPPED. THE AMOUNT PROPERLY FOR COLLECTION IS THE ENTIRE AMOUNT, $13.51, PAID BY THE GOVERNMENT FOR THE SHIPMENT MADE TO WASHINGTON.

THE JULY, 1928, ACCOUNTS OF MAJ. E. T. COMEGYS, F.D., U.S. ARMY, SHOW THAT THERE WAS RECEIVED JULY 10, 1928, FROM YOU $23.40 EXCESS ON SHIPMENT OF HOUSEHOLD GOODS ON BILL OF LADING W.Q.A.-1647571, WHICH AMOUNT WAS DEPOSITED JULY 25, 1928, TO THE CREDIT OF THE TREASURER OF THE UNITED STATES, UNDER APPROPRIATION "ARMY TRANSPORTATION, 1928.' THE DIFFERENCE BETWEEN SUCH AMOUNT, $23.40, AND $13.51, OR $9.89, WAS ERRONEOUSLY COLLECTED, AND IS FOR REFUNDMENT. CLAIMS SETTLEMENT WILL ISSUE IN DUE COURSE FOR $9.89. REFUNDMENT SHOULD NOT BE MADE BY A DISBURSING OFFICER.