A-25851, APRIL 6, 1929, 8 COMP. GEN. 528

A-25851: Apr 6, 1929

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THE ALLOWANCE TO BE SHIPPED AT PUBLIC EXPENSE IS THAT ESTABLISHED FOR THE RANK HELD ON SUCH DATE. A PROMOTION IN RANK WHILE THE HOUSEHOLD GOODS ARE EN ROUTE BETWEEN THE OLD AND NEW PERMANENT STATIONS DOES NOT INCREASE THE WEIGHT TO BE SHIPPED AT PUBLIC EXPENSE. IT WAS MY CONTENTION BEFORE PAYING FOR THIS EXCESS POUNDAGE THAT I SHOULD HAVE BEEN ENTITLED TO A FIRST LIEUTENANT'S ALLOWANCE FOR THE FOLLOWING REASONS: (A) I WAS PROMOTED TO 1ST LIEUT. (B) MY HOUSEHOLD GOODS ACTUALLY LEFT SAN FRANCISCO FOR INITIAL STAGE OF RAIL SHIPMENT FOR WHICH I WAS CHARGED FOR OVERAGE ON JUNE 23. IT IS MY INTENTION TO INSTITUTE A CLAIM FOR RECOVERY OF THE DIFFERENCE BETWEEN A FIRST LIEUTENANT'S ALLOWANCE AND A SECOND LIEUTENANT'S ALLOWANCE.

A-25851, APRIL 6, 1929, 8 COMP. GEN. 528

TRANSPORTATION - HOUSEHOLD EFFECTS - ARMY OFFICER THE RIGHT TO TRANSPORTATION OF HOUSEHOLD EFFECTS ACCRUES ON THE EFFECTIVE DATE OF THE ORDERS TO MAKE A PERMANENT CHANGE OF STATION. THE ALLOWANCE TO BE SHIPPED AT PUBLIC EXPENSE IS THAT ESTABLISHED FOR THE RANK HELD ON SUCH DATE, AND A PROMOTION IN RANK WHILE THE HOUSEHOLD GOODS ARE EN ROUTE BETWEEN THE OLD AND NEW PERMANENT STATIONS DOES NOT INCREASE THE WEIGHT TO BE SHIPPED AT PUBLIC EXPENSE.

COMPTROLLER GENERAL MCCARL TO FIRST LIEUT. JAMES R. PIERCE, UNITED STATES ARMY, APRIL 6, 1929:

THERE HAS BEEN RECEIVED YOUR LETTER OF JANUARY 22, 1929, AS FOLLOWS:

1. IN COMPLIANCE WITH LETTER GENERAL ACCOUNTING OFFICE WASHINGTON, D.C., FEBRUARY 24, 1928, I PAID FOR EXCESS POUNDAGE ON SHIPMENT OF MY HOUSEHOLD GOODS, BASED ON THE ALLOWANCE OF A SECOND LIEUTENANT.

2. IT WAS MY CONTENTION BEFORE PAYING FOR THIS EXCESS POUNDAGE THAT I SHOULD HAVE BEEN ENTITLED TO A FIRST LIEUTENANT'S ALLOWANCE FOR THE FOLLOWING REASONS:

(A) I WAS PROMOTED TO 1ST LIEUT. INFANTRY, ON JUNE 15, 1927.

(B) MY HOUSEHOLD GOODS ACTUALLY LEFT SAN FRANCISCO FOR INITIAL STAGE OF RAIL SHIPMENT FOR WHICH I WAS CHARGED FOR OVERAGE ON JUNE 23, 1927.

3. REQUEST REVIEW OF MY CASE AND THAT THE REASONS FOR DECISION OF GENERAL ACCOUNTING OFFICE BE STATED.

4. IT IS MY INTENTION TO INSTITUTE A CLAIM FOR RECOVERY OF THE DIFFERENCE BETWEEN A FIRST LIEUTENANT'S ALLOWANCE AND A SECOND LIEUTENANT'S ALLOWANCE, BUT IN SO DOING DESIRE TO STATE THE ENTIRE CIRCUMSTANCES TO INCLUDE THE ADVERSE DECISION OF THE GENERAL ACCOUNTING OFFICE.

IT APPEARS THAT WHILE YOU WERE STATIONED IN CHINA AND HELD THE RANK OF SECOND LIEUTENANT, SPECIAL ORDERS, DATE DECEMBER 15, 1926, RELIEVED YOU FROM ASSIGNMENT TO THE FIFTEENTH INFANTRY AND STATION AT AMERICAN BARRACKS, TIENTSIN, CHINA, AND ASSIGNED YOU TO THE SECOND DIVISION, FORT SAM HOUSTON, TEX. THE ORGANIZATION TO WHICH YOU HAD BEEN ASSIGNED AT THAT POINT WAS BY GENERAL ORDERS NO. 15, DATED JUNE 11, 1927, TRANSFERRED TO FORT D. A. RUSSELL, WYO. PARAGRAPH 32, SPECIAL ORDERS NO. 141, DATED WAR DEPARTMENT, JUNE 16, 1927, IS AS FOLLOWS:

SO MUCH OF PARAGRAPH 18, SPECIAL ORDERS, NO. 296, WAR DEPARTMENT, DECEMBER 15, 1926, AS ASSIGNS SECOND LIEUTENANT JAMES R. PIERCE, INFANTRY, TO THE INFANTRY OF THE SECOND DIVISION, WITH STATION AT FORT SAM HOUSTON, TEXAS, IS AMENDED TO ASSIGN HIM TO THE INFANTRY OF THE SECOND DIVISION, WITH STATION AT FORT D. A. RUSSELL, WYOMING. UPON ARRIVAL AT SAN FRANCISCO, CALIFORNIA, AND THE EXPIRATION OF THE LEAVE OF ABSENCE GRANTED HIM, LIEUTENANT PIERCE WILL PROCEED TO FORT D. A. RUSSELL AND REPORT FOR DUTY ACCORDINGLY. * * *

IT FURTHER APPEARS YOU WERE GRANTED THREE MONTHS' LEAVE TO TAKE EFFECT UPON YOUR ARRIVAL IN THE UNITED STATES FROM CHINA. THE QUARTERMASTER AT FORT MASON, CALIF., WAS ADVISED BY RADIOGRAM JUNE 18, 1927, TO SHIP YOUR HOUSEHOLD GOODS WHICH WERE EN ROUTE FROM CHINA, FROM SAN FRANCISCO TO FORT D. A. RUSSELL, WYO. THEREFORE, THE EFFECT OF THE AMENDATORY ORDER WAS TO CONSTITUTE A PERMANENT CHANGE OF STATION FROM TIENSTIN, CHINA, TO FORT D. A. RUSSELL, WYO. ALTHOUGH YOUR SHIPMENT OF HOUSEHOLD GOODS INVOLVED TWO MODES OF TRANSPORTATION, IT WAS ONE SHIPMENT FROM YOUR OLD PERMANENT STATION, TIENTSIN, CHINA, TO YOUR NEW PERMANENT STATION, FORT D. A. RUSSELL.

BY SPECIAL ORDERS, NO. 145, DATED WAR DEPARTMENT, WASHINGTON, JUNE 21, 1927, YOUR PROMOTION FROM SECOND LIEUTENANT TO FIRST LIEUTENANT WAS ANNOUNCED WITH DATE OF RANK AS OF JUNE 15, 1927, AND BY REASON OF THIS CHANGE IN RANK, WHILE YOUR HOUSEHOLD GOODS WERE EN ROUTE FROM YOUR OLD TO YOUR NEW PERMANENT DUTY STATION, YOU URGE THAT FOR THE PORTION OF MOVEMENT OF HOUSEHOLD GOODS FROM SAN FRANCISCO TO FORT D. A. RUSSELL, WHICH WAS EFFECTED SUBSEQUENT TO JUNE 15, 1927, YOU WERE ENTITLED TO HAVE SHIPPED AT PUBLIC EXPENSE THE OFFICIAL ALLOWANCE OF 6,000 POUNDS AUTHORIZED IN THE CASE OF A FIRST LIEUTENANT MAKING A PERMANENT CHANGE OF STATION.

YOUR RIGHT TO TRANSPORTATION ACCRUED ON THE EFFECTIVE DATE OF THE ORDERS TO MAKE THE PERMANENT CHANGE OF STATION, 27 COMP. DEC. 401; 2 COMP. GEN. 712; 4 ID. 438. YOUR ORDERS TO MAKE A PERMANENT CHANGE OF STATION WERE EFFECTIVE ON MAY 10, 1927, ON WHICH DATE YOU HELD THE RANK OF SECOND LIEUTENANT AND WERE ENTITLED TO HAVE SHIPPED AT GOVERNMENT EXPENSE THE OFFICIAL ALLOWANCE OF A SECOND LIEUTENANT, WHICH IS 5,000 POUNDS.

YOUR LETTER OF JANUARY 22, 1929, IS ACCEPTED AS A CLAIM FOR REFUND OF $15.76 REPORTED COLLECTED FROM YOU AS EXCESS ON SHIPMENT OF PERSONAL EFFECTS FROM SAN FRANCISCO TO FORT D. A. RUSSELL, WHICH FOR THE REASONS STATED, MUST BE, AND IS, DISALLOWED.