A-53636, FEBRUARY 23, 1934, 13 COMP. GEN. 231

A-53636: Feb 23, 1934

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SHIPPED HIS TEMPORARY CHANGE OF STATION ALLOWANCE OF BAGGAGE BY EXPRESS HE IS ENTITLED TO REIMBURSEMENT NOT TO EXCEED THE COST OF SHIPPING SAID BAGGAGE BY FREIGHT TO HIS TEMPORARY STATION. SHIPMENT OF BAGGAGE AT THE EXPENSE OF THE UNITED STATES ON CHANGE OF STATION IS AN EMOLUMENT OF AN OFFICER OF THE ARMY AND THE RIGHT IS THE SAME IRRESPECTIVE OF THE APPROPRIATION UNDER WHICH THE EXPENSE IS PAID. BY WHICH WAS DISALLOWED YOUR CLAIM NO. 0432378 FOR REIMBURSEMENT IN THE SUM OF $2.56. YOU STATE IT IS YOUR BELIEF THAT REIMBURSEMENT IS STILL IN ORDER IN ACCORDANCE WITH YOUR RDERS. THAT TRAVEL WAS MADE BY AUTOMOBILE AND THE DISTANCE WAS SUCH THAT SHIPMENT BY FREIGHT WOULD NOT HAVE ARRIVED UNTIL TWO DAYS AFTER YOUR ARRIVAL AT YOUR STATION.

A-53636, FEBRUARY 23, 1934, 13 COMP. GEN. 231

TRANSPORTATION - BAGGAGE - ARMY OFFICER WHERE AN OFFICER OF THE ARMY, ORDERED TO MAKE TEMPORARY CHANGE OF STATION IN CONNECTION WITH THE CIVILIAN CONSERVATION CORPS, SHIPPED HIS TEMPORARY CHANGE OF STATION ALLOWANCE OF BAGGAGE BY EXPRESS HE IS ENTITLED TO REIMBURSEMENT NOT TO EXCEED THE COST OF SHIPPING SAID BAGGAGE BY FREIGHT TO HIS TEMPORARY STATION. SHIPMENT OF BAGGAGE AT THE EXPENSE OF THE UNITED STATES ON CHANGE OF STATION IS AN EMOLUMENT OF AN OFFICER OF THE ARMY AND THE RIGHT IS THE SAME IRRESPECTIVE OF THE APPROPRIATION UNDER WHICH THE EXPENSE IS PAID.

ACTING COMPTROLLER GENERAL ELLIOTT TO SECOND LT. S. A. DANIEL, UNITED STATES ARMY, FEBRUARY 23, 1934:

THERE HAS BEEN RECEIVED YOUR LETTER OF NOVEMBER 18, 1933, REQUESTING REVIEW OF SETTLEMENT OF NOVEMBER 14, 1933, BY WHICH WAS DISALLOWED YOUR CLAIM NO. 0432378 FOR REIMBURSEMENT IN THE SUM OF $2.56, REPRESENTING COST OF SHIPPING YOUR TEMPORARY CHANGE OF STATION ALLOWANCE OF BAGGAGE BY EXPRESS FROM CEDAR RIVER, MICH., TO SHINGLETON, MICH., PURSUANT TO PARAGRAPH 1, SPECIAL ORDER NO. 160, HEADQUARTERS, SIXTH CORPS AREA, CHICAGO, ILL., AUGUST 18, 1933.

YOU STATE IT IS YOUR BELIEF THAT REIMBURSEMENT IS STILL IN ORDER IN ACCORDANCE WITH YOUR RDERS; THAT THE SHIPMENT CONSISTED OF THE USUAL FIELD BAGGAGE, BEDDING ROLL, AND TRUNK CONTAINING CLOTHING AND UNIFORMS TO BE USED IMMEDIATELY UPON ARRIVAL AT THE NEW STATION; THAT TRAVEL WAS MADE BY AUTOMOBILE AND THE DISTANCE WAS SUCH THAT SHIPMENT BY FREIGHT WOULD NOT HAVE ARRIVED UNTIL TWO DAYS AFTER YOUR ARRIVAL AT YOUR STATION. YOU ALSO REFER, AS THE BASIS OF YOUR REQUEST, TO THE PROVISIONS OF YOUR ORDER WHICH ARE AS FOLLOWS:

THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE. SHIPMENT BY EXPRESS OF THE TEMPORARY CHANGE OF STATION ALLOWANCE OF FIELD BAGGAGE IS AUTHORIZED PURSUANT TO INSTRUCTIONS CONTAINED IN RADIOGRAM FROM THE WAR DEPARTMENT, DATED MAY 25, 1933. * * *

THE RADIOGRAM REFERRED TO ABOVE PROVIDES:

UNDER THE PROVISIONS OF EXECUTIVE ORDER NUMBER 6106-A DATED APRIL 10, 1933, SECRETARY OF WAR HAS DETERMINED THAT IT IS NECESSARY TO SHIP BY EXPRESS THE TEMPORARY CHANGE OF STATION ALLOWANCE OF BAGGAGE OF THOSE OFFICERS ORDERED TO DUTY WITH C.C.C. IN THOSE CASES WHERE THE URGENCY OF REPORTING IMMEDIATELY WITH FIELD EQUIPMENT WILL NOT ADMIT OF DELAY IN SHIPMENT OF THE TEMPORARY CHANGE OF STATION ALLOWANCE OF BAGGAGE BY FREIGHT. UNDER SUCH CIRCUMSTANCES YOU ARE AUTHORIZED TO ORDER THE SHIPMENT BY EXPRESS OF THE TEMPORARY CHANGE OF STATION ALLOWANCE OF BAGGAGE OF OFFICERS ORDERED TO DUTY WITH THE C.C.C. AND WILL QUOTE THIS AUTHORITY IN THE ORDER DIRECTING THE SHIPMENT BY EXPRESS. THE COST RESULTING FROM THIS AUTHORIZATION WILL BE CHARGED TO FUNDS PERTAINING TO THE C.C.C.

ARMY REGULATIONS 30-960, JUNE 12, 1931, EFFECTIVE OCTOBER 1, 1931, PROVIDES IN REGARD TO AUTHORIZED BAGGAGE ON TEMPORARY CHANGE OF STATION AS FOLLOWS:

6. HOW SHIPPED--- A. BY FREIGHT.--- EXCEPT AS AUTHORIZED IN B BELOW, THE TEMPORARY CHANGE OF STATION ALLOWANCE OF AUTHORIZED BAGGAGE WILL ALWAYS BE SHIPPED BY FREIGHT.

B. BY EXPRESS, IN AN EMERGENCY.--- WHEN NECESSARY IN AN EMERGENCY, THE TEMPORARY CHANGE OF STATION ALLOWANCE OF AUTHORIZED BAGGAGE, MAY BE SHIPPED BY EXPRESS, BUT ONLY WHEN AUTHORIZED BY THE SECRETARY OF WAR. TIME OF WAR OR OTHER NATIONAL EMERGENCY SUCH SHIPMENTS MAY BE AUTHORIZED BY COMMANDING GENERALS OF CORPS AREAS, DIVISIONS, AND EXEMPTED STATIONS. SEE PARAGRAPH 40D, A.R. 30-955.

THE RECEIPT OF THE AMERICAN RAILWAY EXPRESS CO., ON FILE IN THE CASE, SHOWS THAT YOU SHIPPED ONE TRUNK, WEIGHT 165 POUNDS, FROM STEPHENSON TO SHINGLETON, MICH., AT A COST OF $2.56.

THE ACT OF MARCH 4, 1933, 47 STAT. 1571, MAKING APPROPRIATIONS FOR THE MILITARY ACTIVITIES OF THE WAR DEPARTMENT, FOR THE FISCAL YEAR ENDING JUNE 30, 1934, PROVIDES, UNDER THE HEADING ,QUARTERMASTER CORPS," PAGE 1578, AS FOLLOWS:

ARMY TRANSPORTATION: FOR TRANSPORTATION OF THE ARMY AND ITS SUPPLIES; OF AUTHORIZED BAGGAGE * * * INCLUDING PACKING AND CRATING. * * *

IT HAS BEEN HELD FOR MANY YEARS THAT THE APPROPRIATION AUTHORITY TO SHIP THE BAGGAGE OF AN ARMY OFFICER IS FOR SHIPMENT BY FREIGHT, AND THAT SHIPMENT BY EXPRESS IS NOT AUTHORIZED. SEE 26 COMP. DEC. 172, AND CASES CITED THEREIN. IF SHIPMENT BY EXPRESS IS MADE WHERE FREIGHT SHIPMENT IS AUTHORIZED, THE LIMIT OF ALLOWABLE COST IS THE COST OF SHIPMENT BY FREIGHT (3 COMP. DEC. 304). SHIPMENT OF BAGGAGE AT THE EXPENSE OF THE UNITED STATES ON CHANGE OF STATION IS AN EMOLUMENT OF AN OFFICER AND THE RIGHT IS THE SAME IRRESPECTIVE OF THE APPROPRIATION UNDER WHICH THE EXPENSE IS PAID.

THE SETTLEMENT OF NOVEMBER 14, 1933, IS REVISED AND THERE IS CERTIFIED DUE YOU AS REIMBURSEMENT NOT TO EXCEED THE COST OF SHIPPING THE AMOUNT OF BAGGAGE IN QUESTION, 165 POUNDS, BY FREIGHT FROM STEPHENSON TO SHINGLETON, MICH. SETTLEMENT THEREFOR WILL ISSUE IN DUE COURSE.