A-64954, SEPTEMBER 11, 1935, 15 COMP. GEN. 193

A-64954: Sep 11, 1935

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IS AUTHORIZED. IF THE REQUEST IS MADE WITH REASONABLE PROMPTNESS. WAS RELIEVED FROM HIS ASSIGNMENT TO DUTY WITH THE 30TH INFANTRY. WAS FURTHER DIRECTED TO SAIL ON THE TRANSPORT SCHEDULED TO LEAVE SAN FRANCISCO. THESE ORDERS WERE COMPLIED WITH. THE HOUSEHOLD GOODS OF CAPTAIN PENCE WERE SHIPPED FROM SAN FRANCISCO. UPON HIS REQUEST WERE LEFT AT BROOKLYN UNTIL SUCH TIME AS HE SHOULD DETERMINE WHERE THE SAME SHOULD BE SHIPPED. CONTEMPLATES IN THE USUAL CASE THAT THE SHIPMENT OF AN OFFICER'S HOUSEHOLD GOODS AT GOVERNMENT EXPENSE WILL BE FROM THE OLD DUTY STATION OF THE OFFICER TO HIS NEW DUTY STATION. THE HOUSEHOLD GOODS OF CAPTAIN PENCE COULD HAVE BEEN SHIPPED AT GOVERNMENT EXPENSE FROM BROOKLYN.

A-64954, SEPTEMBER 11, 1935, 15 COMP. GEN. 193

TRANSPORTATION - HOUSEHOLD EFFECTS OF ARMY OFFICER - RAPID SUCCESSION OF CHANGES OF STATIONS WHERE CIRCUMSTANCES RESULTING FROM A RAPID SUCCESSION OF CHANGES OF STATIONS PREVENT THE SELECTION OF A SHIPPING ADDRESS PRIOR TO THE RECEIPT OF ANOTHER CHANGE OF STATION ORDERS, AND NO SHIPMENT HAS BEEN MADE TO THE INTERMEDIATE STATION OR STATIONS, TRANSPORTATION OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE, FROM THE FORMER (FIRST OLD) STATION OR FROM AN INTERMEDIATE POINT TO THE ULTIMATE NEW STATION, IS AUTHORIZED, IF THE REQUEST IS MADE WITH REASONABLE PROMPTNESS, ON THE SAME BASIS AS TO LIMIT OF COST AS HAD THE ULTIMATE NEW STATION BEEN SO ASSIGNED IN THE FIRST ORDER INVOLVED.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF WAR, SEPTEMBER 11, 1935:

THERE HAS BEEN RECEIVED YOUR LETTER OF AUGUST 21, 1935, AS FOLLOWS:

UNDER THE PROVISIONS OF PARAGRAPH 27, SPECIAL ORDERS NO. 295, WAR DEPARTMENT, DECEMBER 13, 1934, COPY INCLOSED, CAPTAIN ADOLPHUS B. PENCE, INFANTRY, WAS RELIEVED FROM HIS ASSIGNMENT TO DUTY WITH THE 30TH INFANTRY, AND FROM STATION AT THE PRESIDIO OF SAN FRANCISCO, CALIFORNIA, AND ASSIGNED TO DUTY WITH THE 11TH INFANTRY, FORT BENJAMIN HARRISON,INDIANA. CAPTAIN PENCE, BY SAID ORDERS, WAS FURTHER DIRECTED TO SAIL ON THE TRANSPORT SCHEDULED TO LEAVE SAN FRANCISCO, CALIFORNIA, FOR NEW YORK ON OR ABOUT JANUARY 26, 1935, AND THESE ORDERS WERE COMPLIED WITH. UPON ARRIVING AT FORT BENJAMIN HARRISON, CAPTAIN PENCE RECEIVED ORDERS (SPECIAL ORDERS NO. 42, HEADQUARTERS FIFTH CORPS AREA, FORT HAYES, OHIO, FEBRUARY 19, 1935, COPY INCLOSED) RELIEVING HIM FROM FURTHER ASSIGNMENT AND STATION AT FORT BENJAMIN HARRISON AND DIRECTING HIM TO PROCEED ON OR ABOUT FEBRUARY 20, 1935, TO CHARLESTON, WEST VIRGINIA, VIA FORT HAYES, OHIO, FOR STATION AND DUTY WITH THE CIVILIAN CONSERVATION CORPS.

THE HOUSEHOLD GOODS OF CAPTAIN PENCE WERE SHIPPED FROM SAN FRANCISCO, CALIFORNIA, TO BROOKLYN, NEW YORK, PURSUANT TO THE FIRST CHANGE OF STATION ORDERS ABOVE MENTIONED, AND ARRIVED AT NEW YORK ON THE SAME TRANSPORT IN WHICH THIS OFFICER SAILED FROM SAN FRANCISCO TO NEW YORK, AND UPON HIS REQUEST WERE LEFT AT BROOKLYN UNTIL SUCH TIME AS HE SHOULD DETERMINE WHERE THE SAME SHOULD BE SHIPPED. AFTER HIS ARRIVAL AT FORT BENJAMIN HARRISON, INDIANA, AND AFTER THE RECEIPT OF THE NEW CHANGE OF STATION ORDERS ABOVE MENTIONED, CAPTAIN PENCE REQUESTED THAT HIS HOUSEHOLD GOODS BE SHIPPED FROM BROOKLYN, N.Y., TO HIS NEW DUTY STATION AT CHARLESTON, WEST VIRGINIA.

PARAGRAPH 10B, AR 30-960, CONTEMPLATES IN THE USUAL CASE THAT THE SHIPMENT OF AN OFFICER'S HOUSEHOLD GOODS AT GOVERNMENT EXPENSE WILL BE FROM THE OLD DUTY STATION OF THE OFFICER TO HIS NEW DUTY STATION. THEREFORE, UNDER THE APPLICABLE REGULATIONS, AND PURSUANT TO THE CHANGE OF STATION ORDERS ABOVE REFERRED TO, THE HOUSEHOLD GOODS OF CAPTAIN PENCE COULD HAVE BEEN SHIPPED AT GOVERNMENT EXPENSE FROM BROOKLYN, NEW YORK, TO FORT BENJAMIN HARRISON, INDIANA, AND FROM THE LATTER STATION TO CHARLESTON, WEST VIRGINIA, AND HAD THIS ROUTING BEEN FOLLOWED THE EXPENSE TO THE GOVERNMENT WOULD CLEARLY EXCEED THE COST OF THE SHIPMENT FROM BROOKLYN, NEW YORK, TO CHARLESTON, WEST VIRGINIA, WHICH LATTER MOVEMENT WAS IN FACT ACCOMPLISHED.

ACCORDINGLY, YOUR DECISION IS REQUESTED AS TO WHETHER CREDIT WILL BE ALLOWED IN THE ACCOUNTS OF THE DISBURSING OFFICER CONCERNED SHOULD PAYMENT BE MADE ENTIRELY FROM GOVERNMENT FUNDS COVERING THE COST OF THE SHIPMENT OF CAPTAIN PENCE'S HOUSEHOLD GOODS, NOT EXCEEDING HIS AUTHORIZED ALLOWANCE, FROM BROOKLYN, NEW YORK, TO CHARLESTON, WEST VIRGINIA.

THE ORDERS CITED IN THE SECOND PARAGRAPH OF YOUR LETTER ARE WORDED AS FOLLOWS:

S.O. NO. 295---

27. CAPTAIN ADOLPHUS B. PENCE, INFANTRY, IS RELIEVED FROM HIS PRESENT ASSIGNMENT TO THE 30TH INFANTRY AND FROM STATION AT THE PRESIDIO OF SAN FRANCISCO, CALIFORNIA, EFFECTIVE AT SUCH TIME AS WILL ENABLE HIM TO COMPLY WITH THIS ORDER, AND IS THEN ASSIGNED TO THE 11TH INFANTRY, FORT BENJAMIN HARRISON, INDIANA. HE WILL SAIL ON THE TRANSPORT SCHEDULED TO LEAVE SAN FRANCISCO, CALIFORNIA, ON OR ABOUT JANUARY 26, 1935, FOR NEW YORK, NEW YORK, AND UPON ARRIVAL WILL PROCEED TO FORT BENJAMIN HARRISON, INDIANA, AND JOIN THE ORGANIZATION TO WHICH ASSIGNED. THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE. FD 1408 P 1-0620, 80-0600 A 085-5.

S.O. NO. 42---

1. UNDER THE PROVISIONS OF PAR. 17A, WAR DEPARTMENT REGULATIONS-- RELIEF OF UNEMPLOYMENT, CIVILIAN CONSERVATION CORPS, SEPTEMBER 1, 1934, CAPTAIN ADOLPHUS B. PENCE, 11TH INFANTRY, IS RELIEVED FROM FURTHER ASSIGNMENT AND DUTY AT FORT BENJAMIN HARRISON, INDIANA, AND WILL PROCEED ON OR ABOUT FEBRUARY 20, 1935, TO CHARLESTON, WEST VIRGINIA, VIA FORT HAYES, OHIO, FOR STATION AND DUTY WITH THE C.C.C. THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE AND IS CHARGEABLE TO FD 805 P 1-0620 P 3-0600 P 3-0700 A 8815-4-5. ANY TRAVEL ON TRANSPORTATION REQUEST OR SHIPMENT OF BAGGAGE ON GOVERNMENT BILL OF LADING IS CHARGEABLE TO FD 814 P 1-0620 P 3-0600 P 3- 0700 A 8815-4-5. (AG 201.)

IT IS UNDERSTOOD THAT THE TRANSPORT REPUBLIC UPON WHICH CAPTAIN PENCE SAILED FROM SAN FRANCISCO, CALIF., EN ROUTE TO FORT BENJAMIN HARRISON, IND., AND UPON WHICH HIS HOUSEHOLD GOODS WERE SHIPPED, ARRIVED AT NEW YORK ON FEBRUARY 12, 1935, OR APPROXIMATELY ONE WEEK PRIOR TO ISSUANCE OF SPECIAL ORDERS NO. 42, DATED HEADQUARTERS FIFTH CORPS AREA, FORT HAYES, COLUMBUS, OHIO, FEBRUARY 19, 1935, EFFECTING ANOTHER CHANGE OF STATION FROM FORT BENJAMIN HARRISON, IND., TO CHARLESTON, W. VA. DURING THE SHORT INTERIM BETWEEN ARRIVAL AT FORT BENJAMIN HARRISON AND RECEIPT OF THE ORDERS OF FEBRUARY 19, 1935, THE HOUSEHOLD GOODS WERE STORED AT BROOKLYN, N.Y., AND IT IS STATED THAT UPON RECEIPT OF LAST CHANGE OF STATION ORDERS CAPTAIN PENCE REQUESTED THAT HIS HOUSEHOLD GOODS BE SHIPPED FROM BROOKLYN, N.Y., TO CHARLESTON, W. VA.

ARMY REGULATIONS 30-960, DATED JUNE 12, 1931, PROVIDE:

10. (B) SHIPMENTS WITHIN ALLOWANCES.---ON PERMANENT CHANGE OF STATION AUTHORIZED BAGGAGE WITHIN THE PRESCRIBED WEIGHT ALLOWANCE (SEE C BELOW) MAY BE TRANSPORTED AT GOVERNMENT EXPENSE FROM THE LAST PERMANENT STATION TO THE NEW PERMANENT STATION AND/OR FROM ANY POINTS TO ANY POINTS, AS MAY BE DESIRED BY THE OWNER, PROVIDED, THAT ANY COST IN THE AGGREGATE OF ALL SHIPMENTS SO MADE OVER AND ABOVE THAT WHICH WOULD HAVE BEEN ALLOWED AT GOVERNMENT EXPENSE ON A LIKE WEIGHT OF AUTHORIZED PROPERTY SHIPPED IN ONE LOT FROM THE LAST PERMANENT STATION TO THE NEW PERMANENT STATION, AS DETERMINED UNDER PARAGRAPH 24, WILL BE BORNE BY THE OWNER, SUBJECT TO THE PROVISIONS OF PARAGRAPHS 14 AND 22.

THE RIGHT TO TRANSPORTATION OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSE FROM THE OLD TO THE NEW STATION ACCRUES ON THE EFFECTIVE DATE OF THE ORDER TO MAKE A PERMANENT CHANGE OF STATION. THE REGULATIONS NECESSARILY CONTEMPLATE, HOWEVER, THAT THE PERSONNEL SHALL HAVE A REASONABLE TIME WITHIN WHICH TO SHIP THEIR AUTHORIZED BAGGAGE AND WHERE CIRCUMSTANCES RESULTING FROM A RAPID SUCCESSION OF CHANGES OF STATIONS PREVENT THE SELECTION OF A SHIPPING ADDRESS PRIOR TO THE RECEIPT OF ANOTHER CHANGE OF STATION ORDERS AND NO SHIPMENT HAS BEEN MADE TO THE INTERMEDIATE STATION OR STATIONS, SUCH CIRCUMSTANCES DO NOT DEFEAT THEIR RIGHT TO SHIP AT GOVERNMENT EXPENSE FROM THE FORMER (FIRST OLD) STATION OR FROM AN INTERMEDIATE POINT TO THE ULTIMATE NEW STATION IF THE REQUEST IS MADE WITH REASONABLE PROMPTNESS, ON THE SAME BASIS AS TO LIMIT OF COST AS HAD THE ULTIMATE NEW STATION BEEN SO ASSIGNED IN THE FIRST ORDER INVOLVED.

IN THE INSTANT CASE IT APPEARS THE HOUSEHOLD EFFECTS OF THE OFFICER WERE SHIPPED FROM SAN FRANCISCO, CALIF., TO BROOKLYN, N.Y., ON THE SAME TRANSPORT UPON WHICH HE TRAVELED TO THE EAST COAST AND THAT ONE WEEK LATER AND BEFORE SHIPPING THE HOUSEHOLD EFFECTS TO HIS THEN NEW STATION AT FORT BENJAMIN HARRISON, IND., HE RECEIVED ORDERS CHANGING HIS PERMANENT STATION TO CHARLESTON, W.VA. THERE APPEARS TO HAVE BEEN NO UNNECESSARY DELAY ON THE PART OF THE OFFICER IN ORDERING SHIPMENT OF HIS BAGGAGE FROM BROOKLYN AND UPON THE FACTS APPEARING, THE COST OF SHIPPING THE OFFICER'S AUTHORIZED BAGGAGE ALLOWANCE FROM BROOKLYN, N.Y., TO CHARLESTON, W.VA., IS AUTHORIZED, AS THOUGH HIS FIRST ORDERS HAD PRESCRIBED A CHANGE OF STATION FROM THE PRESIDIO OF SAN FRANCISCO, CALIF., TO CHARLESTON, W.VA. ..END :