A-34787, JANUARY 17, 1931, 10 COMP. GEN. 312

A-34787: Jan 17, 1931

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THE ALLOWANCE TO BE SHIPPED AT PUBLIC EXPENSE IS THAT AUTHORIZED AT THE TIME THE RIGHT ACCRUES. 1931: THERE IS FOR CONSIDERATION THE EFFECTIVE DATE ON WHICH THE RIGHT ACCRUES TO TRANSPORTATION OF HOUSEHOLD EFFECTS ON RETIREMENT OF AN OFFICER IN THE ARMY. IS AUTHORITY FOR IMMEDIATE TRAVEL OR TRANSPORTATION OF HIS PERSONAL EFFECTS. AN OFFICER AT TIME OF RETIREMENT USUALLY DOES NOT HAVE AN ESTABLISHED HOME. IN PERFORMANCE IS PERMITTED. THE RIGHTS OF THE OFFICER ARE. CONTINUE UNTIL THE OFFICER IS DETACHED FROM HIS NEW STATION. 5 COMP. THE PERIOD OF ONE YEAR FROM DATE OF RETIREMENT FIXED AS A REASONABLE TIME IN WHICH TRANSPORTATION OF PERSONAL EFFECTS MAY BE MADE TO THE HOME SELECTED BY THE OFFICER MERELY PERMITS SHIPMENT WITHIN THAT PERIOD OF THE WEIGHT ALLOWANCE AUTHORIZED AND FIXED AT THE TIME THE OFFICER WAS RETIRED.

A-34787, JANUARY 17, 1931, 10 COMP. GEN. 312

TRANSPORTATION - HOUSEHOLD EFFECTS - ARMY OFFICER ON RETIREMENT THE RIGHT OF AN OFFICER OF THE ARMY TO TRANSPORTATION OF HOUSEHOLD EFFECTS ACCRUES ON DATE OF RETIREMENT. THE ALLOWANCE TO BE SHIPPED AT PUBLIC EXPENSE IS THAT AUTHORIZED AT THE TIME THE RIGHT ACCRUES, AND DELAY IN SHIPMENT DOES NOT ENTITLE THE OFFICER TO AN INCREASE IN WEIGHT, PROMULGATED BY AMENDMENT OF REGULATIONS SUBSEQUENT TO THE DATE OF THE OFFICER'S RETIREMENT.

DECISION BY COMPTROLLER GENERAL MCCARL, JANUARY 17, 1931:

THERE IS FOR CONSIDERATION THE EFFECTIVE DATE ON WHICH THE RIGHT ACCRUES TO TRANSPORTATION OF HOUSEHOLD EFFECTS ON RETIREMENT OF AN OFFICER IN THE ARMY. THE QUESTION ARISES IN THE COMPUTATION OF THE EXCESS COST OF TRANSPORTATION ON SHIPMENT OF THE PERSONAL EFFECTS OF MAJ. RICHARD K. SMITH, UNITED STATES ARMY, RETIRED, BY THE GOVERNMENT BILL OF LADING NO. WQ-91598, DATED OCTOBER 18, 1929, CONSISTING OF 9,444 POUNDS OF HOUSEHOLD GOODS AND 766 POUNDS OF PROFESSIONAL BOOKS FROM JEFFERSONVILLE, IND., TO MINNEAPOLIS, MINN., BY REASON OF HIS RETIREMENT UNDER PARAGRAPH 9, SPECIAL ORDERS NO. 127, WAR DEPARTMENT, DATED JUNE 1, 1929, WHICH ANNOUNCED THE OFFICER'S RETIREMENT AS OF THAT DATE FROM ACTIVE SERVICE, AND DIRECTED HIM TO PROCEED TO HIS HOME.

ORDERS ON RETIREMENT TO AN OFFICER DIRECTING HIM TO PROCEED TO HIS HOME CONTEMPLATE COMPLIANCE AT ONCE, AND IS AUTHORITY FOR IMMEDIATE TRAVEL OR TRANSPORTATION OF HIS PERSONAL EFFECTS. DUE TO CIRCUMSTANCES PECULIAR TO THE MILITARY SERVICE, AN OFFICER AT TIME OF RETIREMENT USUALLY DOES NOT HAVE AN ESTABLISHED HOME, AND FOR THIS REASON AND OTHER CIRCUMSTANCES PECULIAR TO THE SERVICE, A REASONABLE DELAY, NOT EXCEEDING ONE YEAR, IN PERFORMANCE IS PERMITTED. THE RIGHTS OF THE OFFICER ARE, HOWEVER, FIXED BY THE DATE THE ORDERS BECAME EFFECTIVE AS AUTHORITY FOR TRAVEL OR TRANSPORTATION OF HIS EFFECTS, AND SUCH RIGHTS CONTINUE DURING THE PERIOD OF THE REASONABLE DELAY, NOT EXCEEDING ONE YEAR FOLLOWING RETIREMENT, IN THE SAME MANNER AS THE RIGHTS ACQUIRED BY REASON OF ORDERS DIRECTING A PERMANENT CHANGE OF STATION, CONTINUE UNTIL THE OFFICER IS DETACHED FROM HIS NEW STATION. 5 COMP. GEN. 171. THE PERIOD OF ONE YEAR FROM DATE OF RETIREMENT FIXED AS A REASONABLE TIME IN WHICH TRANSPORTATION OF PERSONAL EFFECTS MAY BE MADE TO THE HOME SELECTED BY THE OFFICER MERELY PERMITS SHIPMENT WITHIN THAT PERIOD OF THE WEIGHT ALLOWANCE AUTHORIZED AND FIXED AT THE TIME THE OFFICER WAS RETIRED. SEE IN THIS CONNECTION 4 COMP. GEN. 954.

MAJOR SMITH'S ORDERS DATED JUNE 1, 1929, DIRECTED HIM TO PROCEED TO HIS HOME, AND SUCH ORDERS WERE EFFECTIVE AS AUTHORITY FOR TRANSPORTATION OF HIS HOUSEHOLD EFFECTS, ON THE DATE THEREOF. 7 COMP. GEN 330; 8 ID. 528; A -33857, NOVEMBER 19, 1930.

ARMY REGULATIONS 30-960, IN EFFECT ON JUNE 1, 1929, AUTHORIZED SHIPMENT AT PUBLIC EXPENSE FOR A MAJOR OF 8,000 POUNDS OF HOUSEHOLD GOODS. THE FACT THAT THE ALLOWANCE WAS INCREASED BY CHANGES NO. 1, EFFECTIVE JUNE 29, 1929, TO 9,500 POUNDS FOR A MAJOR DID NOT CHANGE THE RIGHTS OF MAJOR SMITH, WHOSE RIGHTS WERE FIXED BY THE ALLOWANCE IN EFFECT ON THE DATE OF HIS RETIREMENT, JUNE 1, 1929. THE COMPUTATION ON A.F.O. FORM 416, TRANSMITTED TO MAJOR SMITH NOVEMBER 9, 1929, SHOWING $17.91 PAYABLE AS EXCESS ON THE SHIPMENT OF OCTOBER 18, 1929, IS CORRECT.