A-75224, JUNE 8, 1936, 15 COMP. GEN. 1070

A-75224: Jun 8, 1936

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IS ENTITLED ONLY TO THE HOUSEHOLD EFFECTS WEIGHT ALLOWANCE AUTHORIZED FOR HIS REGULAR RANK. IT IS REQUESTED THAT THE QUESTION BE PRESENTED TO THE COMPTROLLER GENERAL WHETHER AN OFFICER DETACHED FROM DUTY. IS ENTITLED TO HAVE SHIPPED AT GOVERNMENT EXPENSE HOUSEHOLD EFFECTS NOT TO EXCEED THE WEIGHT PROVIDED BY REGULATIONS FOR AN ADMIRAL. PROVIDES IN PART: "THE HOUSEHOLD EFFECTS THAT MAY BE TRANSPORTED AT PUBLIC EXPENSE UPON CHANGE OF STATION WILL NOT EXCEED. THERE IS NOW UNDER CONSIDERATION IN THE BUREAU OF SUPPLIES AND ACCOUNTS THE SPECIFIC CASE OF REAR ADMIRAL HARRIS LANING. WHO WAS DETACHED FROM DUTY AS COMMANDER. HE WAS RELIEVED AS COMMANDER. THERE WAS SHIPPED UNDER SUCH ORDERS A TOTAL OF 16.

A-75224, JUNE 8, 1936, 15 COMP. GEN. 1070

TRANSPORTATION OF HOUSEHOLD EFFECTS - WEIGHT ALLOWANCE - NAVY OFFICERS' ASSIGNMENTS INVOLVING RANK OF ADMIRAL OR VICE ADMIRAL AN OFFICER OF THE NAVY UPON CHANGE OF STATION INVOLVING ASSIGNMENT TO OR DETACHMENT FROM DUTY IN COMMAND OF A FLEET OR SUBDIVISION THEREOF, WHICH ASSIGNMENT ENTITLED THE OFFICER TO THE RANK AND PAY OF AN ADMIRAL OR VICE ADMIRAL, IS ENTITLED ONLY TO THE HOUSEHOLD EFFECTS WEIGHT ALLOWANCE AUTHORIZED FOR HIS REGULAR RANK.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE NAVY, JUNE 8, 1936:

THERE HAS BEEN RECEIVED YOUR INDORSEMENT DATED MAY 13, 1936, OF LETTER FROM THE CHIEF, BUREAU OF SUPPLIES AND ACCOUNTS, AS FOLLOWS: SUBJECT: TRANSPORTATION OF HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE. REFERENCE: (A) ACT OF MAY 22, 1917 (40 STAT. 89).

(B) ARTICLE 1870-6 (A), BUREAU OF SUPPLIES AND ACCOUNTS

MANUAL.

(C) DECISION OF THE COMPTROLLER GENERAL NOVEMBER 14,

1933, A-51525, ARTICLE 1870-1, BUREAU OF SUPPLIES

AND ACCOUNTS MEMORANDA. ENCLOSURE: (A) COPY OF

ORDERS OF THE SECRETARY OF THE

NAVY 2822-241

JANUARY 24, 1936, TO ADMIRAL HARRIS LANING, U.S.N.,

COMMANDER BATTLE FORCE.

1. IT IS REQUESTED THAT THE QUESTION BE PRESENTED TO THE COMPTROLLER GENERAL WHETHER AN OFFICER DETACHED FROM DUTY, WHICH DUTY CARRIED WITH IT THE RANK OF ADMIRAL, IS ENTITLED TO HAVE SHIPPED AT GOVERNMENT EXPENSE HOUSEHOLD EFFECTS NOT TO EXCEED THE WEIGHT PROVIDED BY REGULATIONS FOR AN ADMIRAL. ARTICLE 1870-6 (A), BUREAU OF SUPPLIES AND ACCOUNTS MANUAL, PROVIDES IN PART:

"THE HOUSEHOLD EFFECTS THAT MAY BE TRANSPORTED AT PUBLIC EXPENSE UPON CHANGE OF STATION WILL NOT EXCEED, WHEN PACKED AND CRATED, THE FOLLOWING GROSS WEIGHTS:

TABLE

GRADE PERMANENT CHANGE

OF STATION ADMIRAL --------------------------------------- ------------ 24,000 VICE ADMIRAL ------------------------------------- --------- 18,000 REAR ADMIRAL (UPPER HALF) --------------------------- ------ 14,500

2. THE ACT OF MAY 22, 1917, PROVIDES (SEE BELOW):

3. THERE IS NOW UNDER CONSIDERATION IN THE BUREAU OF SUPPLIES AND ACCOUNTS THE SPECIFIC CASE OF REAR ADMIRAL HARRIS LANING, U.S.N., WHO WAS DETACHED FROM DUTY AS COMMANDER, BATTLE FORCE, UNDER ORDERS OF JANUARY 24, 1936. WHILE ON DUTY AS COMMANDER, BATTLE FORCE, REAR ADMIRAL LANING SERVED IN THE RANK OF ADMIRAL IN ACCORDANCE WITH THE ACT OF MAY 22, 1917. HE WAS RELIEVED AS COMMANDER, BATTLE FORCE, ON MARCH 30, 1936. ON MARCH 20, 1936, ADMIRAL LANING REQUESTED SHIPMENT OF HIS HOUSEHOLD EFFECTS UNDER ORDERS OF JANUARY 24, 1936, AND THERE WAS SHIPPED UNDER SUCH ORDERS A TOTAL OF 16,921 POUNDS OF HOUSEHOLD EFFECTS. IF ENTITLED TO THE ALLOWANCES OF AN ADMIRAL (24,000 POUNDS) AS PROVIDED BY REGULATIONS, THERE IS INVOLVED NO EXCESS IN THE PRESENT CASE. IF ENTITLED TO THE ALLOWANCES OF A REAR ADMIRAL (UPPER HALF) (14,500 POUNDS) THERE WAS AN EXCESS OF 2,421 POUNDS.

4. THE COMPTROLLER GENERAL IN DECISION OF NOVEMBER 14, 1933, STATED:

"THE AMOUNT OF BAGGAGE WHICH AN OFFICER IS ENTITLED TO HAVE TRANSPORTED AT GOVERNMENT EXPENSE ON CHANGE OF STATION IS THE AMOUNT AUTHORIZED BY REGULATIONS FOR HIS RANK WHEN HIS ORDERS BECOME EFFECTIVE, AND AN ORDER TO MAKE A PERMANENT CHANGE OF STATION IS EFFECTIVE ON THAT DATE ON WHICH IS REQUIRED TO BE OBEYED. A-22309, JUNE 15, 1928. THE TRANSPORTATION FURNISHED IS A SERVICE TO BE RENDERED IN KIND AND MUST NECESSARILY DEPEND ON THE OFFICER'S RANK WHEN THE RIGHT ACCRUES.'

5.WHEN THE ORDERS OF JANUARY 24, 1936, WERE ISSUED REAR ADMIRAL LANING HAD THE RANK OF ADMIRAL AND APPARENTLY BECAME ENTITLED UNDER SUCH ORDERS TO SHIPMENT OF HOUSEHOLD EFFECTS NOT TO EXCEED 24,000 POUNDS. WHILE SERVING IN THE RANK OF ADMIRAL IT WAS NECESSARY THAT REAR ADMIRAL LANING MAINTAIN AN ESTABLISHMENT CONSISTENT WITH HIS RANK. IT IS REASONABLE TO ASSUME THAT THE REGULATIONS PROVIDING FOR INCREASED WEIGHT OF HOUSEHOLD EFFECTS IN THE CASE OF ADMIRALS WOULD APPLY IN THE INSTANT CASE. IN THIS CONNECTION ATTENTION IS INVITED TO THE FACT THAT CONGRESS HAS RECOGNIZED THE ADDITIONAL EXPENSE REQUIRED IN THE CASE OF OFFICERS SERVING IN THE GRADE OF ADMIRAL AS INDICATED BY THE PERSONAL MONEY ALLOWANCE OF $2,200 PER ANNUM ALLOWED BY LAW TO REAR ADMIRALS OF THE NAVY WHEN SERVING IN THE GRADE OF ADMIRAL OR CHIEF OF NAVAL OPERATIONS (SECTION 8 OF THE ACT OF JUNE 10, 1922, 42 STAT. 629).

6. IN CONSIDERATION OF THE QUESTION HEREIN PRESENTED IT IS REQUESTED ALSO THAT FOR GUIDANCE IN FUTURE CASES THE DECISION OF THE COMPTROLLER GENERAL BE OBTAINED WHETHER A REAR ADMIRAL ON RECEIPT OF ORDERS DIRECTING HIM TO PROCEED TO DUTY WHICH CARRIES THE RANK OF ADMIRAL IS ENTITLED TO SHIPMENT OF HOUSEHOLD EFFECTS UNDER SUCH ORDERS AS PROVIDED BY REGULATIONS FOR AN ADMIRAL.

THE RULE IS THAT THE WEIGHT ALLOWANCE OF BAGGAGE OF HOUSEHOLD EFFECTS TO WHICH AN OFFICER IS ENTITLED TO HAVE TRANSPORTED AT PUBLIC EXPENSE WHEN ORDERED TO MAKE A PERMANENT CHANGE OF STATION IS DETERMINED BY HIS RANK WHEN HIS ORDERS BECOME EFFECTIVE. ORDERS BECOME EFFECTIVE ON THE DATE ON WHICH THEY ARE REQUIRED TO BE OBEYED. IF TRAVEL IS INVOLVED IN MAKING THE CHANGE OF STATION, THE ORDERS ARE EFFECTIVE ON DATE THAT TRAVEL IS NECESSARILY COMMENCED IN OBEDIENCE TO THE ORDERS. SECTION 18 OF THE ACT OF MAY 22, 1917 (40 STAT. 89), PROVIDES:

THAT THE PRESIDENT BE, AND HE IS HEREBY, FURTHER AUTHORIZED TO DESIGNATE SIX OFFICERS OF THE NAVY FOR THE COMMAND OF FLEETS OR SUBDIVISIONS THEREOF AND, AFTER BEING SO DESIGNATED FROM THE DATE OF ASSUMING SUCH COMMAND UNTIL RELINQUISHING THEREOF, NOT MORE THAN THREE OF SUCH OFFICERS SHALL EACH HAVE THE RANK AND PAY OF AN ADMIRAL, AND THE OTHERS SHALL EACH HAVE THE RANK AND PAY OF A VICE ADMIRAL; AND THE GRADES OF ADMIRAL AND VICE ADMIRAL ARE HEREBY AUTHORIZED AND CONTINUED FOR THE PURPOSE OF THIS ACT: * * * PROVIDED FURTHER, THAT WHEN AN OFFICER WITH THE RANK OF ADMIRAL OR VICE ADMIRAL IS DETACHED FROM THE COMMAND OF A FLEET OF SUBDIVISION THEREOF, AS HEREIN AUTHORIZED, HE SHALL RETURN TO HIS REGULAR RANK IN THE LIST OF OFFICERS OF THE NAVY AND SHALL THEREAFTER RECEIVE ONLY THE PAY AND ALLOWANCES OF SUCH RANK: AND PROVIDED FURTHER, THAT NOTHING IN THIS ACT SHALL BE HELD OR CONSTRUED AS AMENDING OR REPEALING THE PROVISIONS OF SECTIONS FOURTEEN HUNDRED AND THIRTY-FOUR, FOURTEEN HUNDRED AND SIXTY- THREE, AND FOURTEEN HUNDRED AND SIXTY-FOUR OF THE REVISED STATUTES OF THE UNITED STATES.

THE ACT OF JULY 1, 1918, 40 STAT. 716, PROVIDED THAT OFFICERS OF THE NAVY HOLDING THE RANK AND TITLE OF ADMIRAL AND VICE ADMIRAL IN THE NAVY WHILE HOLDING SUCH RANK AND TITLE SHOULD RECEIVE THE ALLOWANCES OF A GENERAL AND LIEUTENANT GENERAL OF THE ARMY, RESPECTIVELY. THE PROVISIONS AS TO PAY AND ALLOWANCES OF OFFICERS SERVING IN THE RANK OF ADMIRAL AND VICE ADMIRAL UNDER THE ACT OF 1917, QUOTED, WERE CHANGED BY SECTION 8 OF THE ACT OF JUNE 10, 1922 (42 STAT. 629), AS FOLLOWS:

REAR ADMIRALS OF THE NAVY SERVING IN HIGHER GRADES SHALL BE ENTITLED, WHILE SO SERVING, TO THE PAY AND ALLOWANCES OF A REAR ADMIRAL (UPPER HALF) AND TO A PERSONAL MONEY ALLOWANCE PER YEAR AS FOLLOWS: WHEN SERVING IN THE GRADE OF VICE ADMIRAL, $500; WHEN SERVING IN THE GRADE OF ADMIRAL OR AS CHIEF OF NAVAL OPERATIONS, $2,200.

UNDER THE LAW THE RANK OF ADMIRAL OR VICE ADMIRAL ATTACHES TO AN OFFICER DESIGNATED TO COMMAND A FLEET OR SUBDIVISION THEREOF "FROM THE DATE OF ASSUMING SUCH COMMAND UNTIL RELINQUISHING IT.' REAR ADMIRAL LANING DID NOT ACQUIRE THE RANK OF ADMIRAL UNTIL HE ASSUMED COMMAND OF THE BATTLE FORCE AND IMMEDIATELY UPON RELINQUISHING SUCH COMMAND HE REVERTED TO HIS REGULAR RANK, THAT OF REAR ADMIRAL, UPPER HALF. HIS DETACHMENT UNDER THE ORDERS OF JANUARY 24, 1936, BECAME EFFECTIVE UPON HIS ACTUAL DETACHMENT MARCH 30, 1936, AT WHICH TIME HE AUTOMATICALLY REVERTED TO THE GRADE OR RANK OF REAR ADMIRAL. WHEN SAID ORDERS BECAME EFFECTIVE HE IMMEDIATELY REVERTED TO THE RANK OF REAR ADMIRAL AND HIS WEIGHT ALLOWANCE OF HOUSEHOLD EFFECTS AUTHORIZED TO BE TRANSPORTED AT PUBLIC EXPENSE UNDER THESE ORDERS IS THE ALLOWANCE OF A REAR ADMIRAL, UPPER HALF, 14,500 POUNDS.

WHEN AN OFFICER OF THE RANK OF REAR ADMIRAL IS ORDERED TO PROCEED TO DUTY IN COMMAND OF A FLEET OR SUBDIVISION THEREOF CARRYING WITH IT RIGHT TO RANK AND PAY OF AN ADMIRAL HIS ORDERS BECOME EFFECTIVE ON DATE IT IS NECESSARY FOR HIM TO COMMENCE TRAVEL IN OBEDIENCE TO THE ORDERS, BUT HE DOES NOT ACQUIRE THE RANK OF ADMIRAL UNTIL HE ASSUMES SUCH COMMAND. HIS WEIGHT ALLOWANCE OF HOUSEHOLD EFFECTS WHEN SUCH ORDERS BECOME EFFECTIVE IS THAT OF HIS REGULAR RANK OF REAR ADMIRAL. ACCORDINGLY, YOU ARE ADVISED THAT THE AUTHORIZED WEIGHT ALLOWANCE OF HOUSEHOLD EFFECTS OF AN OFFICER UPON CHANGE OF STATION BY REASON OF ASSIGNMENT TO DUTY IN COMMAND OF A FLEET OR SUBDIVISION THEREOF OR BY REASON OF DETACHMENT THEREFROM IS THAT OF HIS REGULAR RANK.

IT MAY BE OBSERVED THAT TRANSPORTATION OF EFFECTS AT THE EXPENSE OF THE UNITED STATES ON CHANGE OF PERMANENT STATION IS A SERVICE IN KIND IN THE NATURE OF ALLOWANCE. THE OFFICER IS SPECIFICALLY ENTITLED TO THE ALLOWANCES OF A REAR ADMIRAL (UPPER HALF) AND IN ADDITION ONLY THE MONEY ALLOWANCE AUTHORIZED BY SECTION 8 OF THE JOINT PAY ACT OF 1922.