A-54221, MAY 7, 1934, 13 COMP. GEN. 332

A-54221: May 7, 1934

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INSOFAR AS IT AUTHORIZES THE USE OF APPROPRIATED FUNDS FOR THE RETURN TO THE UNITED STATES OF PRIVATELY OWNED AUTOMOBILES IN TRANSIT TO OR FROM POINTS OUTSIDE OF THE CONTINENTAL LIMITS OF THE UNITED STATES OR THAT HAVE BEEN TRANSPORTED TO SUCH OUTSIDE POINTS AT PUBLIC EXPENSE ON OR BEFORE THE APPROVAL OF THE ACT. WHERE THERE IS INCLUDED IN A SHIPMENT OF THE AUTHORIZED BAGGAGE OF AN OFFICER CHANGING STATION. AN AUTOMOBILE OR OTHER PROPERTY REQUIRING THE EXPENDITURE OF GOVERNMENT FUNDS IN EXCESS OF WHAT IT WOULD HAVE COST TO SHIP ORDINARY HOUSEHOLD AND PERSONAL EFFECTS. THE OFFICER IS LIABLE FOR SUCH INCREASED COST. 1934: THERE IS FOR CONSIDERATION THE QUESTION OF THE AMOUNT OF EXCESS TRANSPORTATION COST PROPERLY TO BE COLLECTED FROM SECOND LIEUTENANT ROBERT B.

A-54221, MAY 7, 1934, 13 COMP. GEN. 332

TRANSPORTATION - AUTOMOBILE - ARMY OFFICER CHANGING STATION FROM OVERSEAS THE ACT OF JULY 14, 1932, 47 STAT. 672, INSOFAR AS IT AUTHORIZES THE USE OF APPROPRIATED FUNDS FOR THE RETURN TO THE UNITED STATES OF PRIVATELY OWNED AUTOMOBILES IN TRANSIT TO OR FROM POINTS OUTSIDE OF THE CONTINENTAL LIMITS OF THE UNITED STATES OR THAT HAVE BEEN TRANSPORTED TO SUCH OUTSIDE POINTS AT PUBLIC EXPENSE ON OR BEFORE THE APPROVAL OF THE ACT, DOES NOT CONFER ON AN OFFICER OF THE ARMY ANY OTHER OR GREATER RIGHTS WITH REFERENCE TO THE SHIPMENT OF HIS BAGGAGE, INCLUDING HIS PERSONALLY OWNED AUTOMOBILE, THAN HE ENJOYED PRIOR TO THE PROHIBITION ON THE USE OF APPROPRIATED FUNDS FOR TRANSPORTATION OF PRIVATELY OWNED AUTOMOBILES. WHERE THERE IS INCLUDED IN A SHIPMENT OF THE AUTHORIZED BAGGAGE OF AN OFFICER CHANGING STATION, AN AUTOMOBILE OR OTHER PROPERTY REQUIRING THE EXPENDITURE OF GOVERNMENT FUNDS IN EXCESS OF WHAT IT WOULD HAVE COST TO SHIP ORDINARY HOUSEHOLD AND PERSONAL EFFECTS, THE OFFICER IS LIABLE FOR SUCH INCREASED COST.

DECISION BY COMPTROLLER GENERAL MCCARL, MAY 7, 1934:

THERE IS FOR CONSIDERATION THE QUESTION OF THE AMOUNT OF EXCESS TRANSPORTATION COST PROPERLY TO BE COLLECTED FROM SECOND LIEUTENANT ROBERT B. BEATTIE FOR THE TRANSPORTATION OF HIS PERMANENT CHANGE OF STATION ALLOWANCE OF BAGGAGE, INCLUDING HIS PERSONALLY OWNED AUTOMOBILE FROM HILO, HAWAII, TO HONOLULU, HAWAII, ON PERMANENT CHANGE OF STATION FROM HILO, HAWAII, TO FORT BENNING, ., UNDER PARAGRAPH 11, SPECIAL ORDERS NO. 47, HEADQUARTERS HAWAIIAN DEPARTMENT, FORT SHAFTER, HAWAII, FEBRUARY 27, 1933.

IT APPEARS THAT SECOND LIEUTENANT BEATTIE HAD BEEN ON DUTY AT HILO, HAWAII, SINCE MARCH 1932 AND THAT THE AUTOMOBILE WEIGHING 2,450 POUNDS HAD BEEN BROUGHT TO HONOLULU FROM THE UNITED STATES IN MARCH 1931 AND SHIPPED TO HILO PRIOR TO JULY 14, 1932. IT APPEARS, ALSO, THAT THE OFFICER TRANSPORTED 148 POUNDS OF PROFESSIONAL BOOKS AND 4,017 POUNDS OF OTHER BAGGAGE FROM HILO TO HONOLULU ON THE U.S.S. GENERAL ROYAL T. FRANK. THE GOVERNMENT VESSEL WAS NOT EQUIPPED TO HANDLE THE AUTOMOBILE IT WAS SHIPPED ON GOVERNMENT BILL OF LADING BY A VESSEL OF THE INTER-ISLAND STEAM NAVIGATION CO., AT A COST OF $25.76, WHICH WAS PAID ON VOUCHER NO. 1037, IN THE MARCH 1933 ACCOUNTS OF H. B. LOVELL.

THE OFFICER IS ENTITLED TO SHIPMENT OF HIS AUTHORIZED ALLOWANCE FROM HIS LAST PERMANENT STATION, HILO, HAWAII, TO HIS NEW PERMANENT STATION, FORT BENNING, GA., PROVIDED THE AGGREGATE COST, IF IN MORE THAN ONE SHIPMENT, DOES NOT EXCEED THAT OF A LIKE WEIGHT, NOT EXCEEDING THE AUTHORIZED CHANGE OF STATION ALLOWANCE IN ONE LOT FROM THE OLD PERMANENT STATION TO THE NEW PERMANENT STATION. SEE 8 COMP. GEN. 490; 10 ID. 58; 13 ID. 293.

IN THIS CASE HAD THE SHIPMENT BEEN MADE IN ONE LOT ON THE GOVERNMENT- OWNED STEAMER NO ADDITIONAL COST TO THE GOVERNMENT WOULD HAVE BEEN INCURRED, AND IF THE ENTIRE SHIPMENT HAD BEEN COMPOSED OF HOUSEHOLD GOODS, IT COULD HAVE BEEN SHIPPED ON SAID GOVERNMENT STEAMER. THE INCLUSION OF THE AUTOMOBILE IN THE SHIPMENT, THEREFORE, OCCASIONED THE ADDITIONAL EXPENSE OF $25.76, WHICH WOULD NOT HAVE BEEN INCURRED ON AN ORDINARY SHIPMENT OF A LIKE WEIGHT OF HOUSEHOLD GOODS IN ONE LOT ON THE GOVERNMENT STEAMER.

THE ACT OF JULY 14, 1932, 47 STAT. 672, PROVIDES, IN PART, AS FOLLOWS:

* * * THAT NO APPROPRIATION CONTAINED IN THIS ACT SHALL BE AVAILABLE FOR ANY EXPENSE FOR OR INCIDENT TO THE TRANSPORTATION OF PRIVATELY OWNED AUTOMOBILES EXCEPT ON ACCOUNT OF THE RETURN TO THE UNITED STATES OF SUCH PRIVATELY OWNED AUTOMOBILES AS MAY BE IN TRANSIT TO OR FROM POINTS OUTSIDE OF THE CONTINENTAL LIMITS OF THE UNITED STATES OR HAVE BEEN TRANSPORTED TO SUCH OUTSIDE POINTS AT PUBLIC EXPENSE ON OR BY THE DATE OF THE APPROVAL OF THIS ACT: * * *

THE ABOVE-QUOTED PROVISION OF THE LAW AUTHORIZES THE RETURN TO THE UNITED STATES OF THE OFFICER'S AUTOMOBILE INVOLVED IN THIS CASE, BUT IT DOES NOT GIVE SAID OFFICER ANY OTHER OR GREATER RIGHTS THAN HE ENJOYED PRIOR TO THE ENACTMENT OF THE STATUTE. THE OFFICER HAD THE RIGHT TO HAVE HIS AUTOMOBILE RETURNED TO THE UNITED STATES, BUT UNDER THE LAW AND REGULATIONS HE IS REQUIRED TO REIMBURSE THE UNITED STATES ON ACCOUNT OF THE ADDITIONAL EXPENSE OVER THAT OF SHIPPING A LIKE WEIGHT OF HOUSEHOLD GOODS IT INCURRED BY REASON OF SUCH SHIPMENT.

WHERE THERE IS INCLUDED IN A SHIPMENT OF THE AUTHORIZED BAGGAGE OF AN OFFICER CHANGING STATION, PROPERTY REQUIRING AN EXPENDITURE IN EXCESS OF WHAT IT WOULD HAVE COST TO SHIP ORDINARY HOUSEHOLD AND PERSONAL EFFECTS, THE OFFICER IS LIABLE FOR SUCH INCREASED COST. THE EXPENSE OR COST OF THE SHIPMENT OF SUCH PROPERTY MUST BE DETERMINED IN ACCORDANCE WITH THE SHIPMENT AS ACTUALLY MADE. SEE 22 COMP. DEC. 195; ID. 554; 1 COMP. GEN. 740; 6 ID. 420; 7 ID. 826.

AS THE SHIPMENT OF THE AUTOMOBILE IN THIS CASE RESULTED IN EXPENSE TO THE GOVERNMENT WHICH WOULD NOT HAVE BEEN INCURRED HAD THE ENTIRE SHIPMENT BEEN HOUSEHOLD EFFECTS, THE ENTIRE COST OF SHIPMENT OF THE AUTOMOBILE WAS EXCESS AND THERE IS PROPERLY FOR COLLECTION FROM THE OFFICER THE SUM OF $25.76.