A-77282, JULY 25, 1936, 16 COMP. GEN. 68

A-77282: Jul 25, 1936

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

NOTWITHSTANDING THE PROMOTION IS EFFECTIVE PRIOR TO THE DATE ON WHICH THE CHANGE OF STATION ORDER IS REQUIRED TO BE OBEYED AND THE OFFICER COULD HAVE DELAYED THE SHIPMENT UNTIL A DATE SUBSEQUENT TO THE EFFECTIVE DATE. 1936: THERE IS BEFORE THIS OFFICE FOR CONSIDERATION THE QUESTION OF THE AMOUNT PROPERLY FOR COLLECTION AS EXCESS COST OF SHIPMENT OF CHANGE OF STATION ALLOWANCE OF HOUSEHOLD EFFECTS OF FIRST LIEUTENANT (NOW CAPTAIN) ALFRED E. THE OFFICER WAS RELIEVED FROM ASSIGNMENT AND DUTY AT PRINCETON UNIVERSITY. WERE AMENDED SO AS TO RELIEVE THE OFFICER FROM HIS ASSIGNMENT AT PRINCETON UNIVERSITY ON OR ABOUT SEPTEMBER 1. THERE WERE SHIPPED. THE BILL OF LADING SHOWS THAT THE PACKAGES WERE MARKED FOR "1ST LIEUT.

A-77282, JULY 25, 1936, 16 COMP. GEN. 68

TRANSPORTATION - HOUSEHOLD EFFECTS - SHIPMENT BEFORE OFFICER'S PROMOTION AND BEFORE REQUIRED REPORTING DATE THE TRANSPORTATION OF AN OFFICER'S HOUSEHOLD EFFECTS ON PERMANENT CHANGE OF STATION BEING A SERVICE IN KIND, PROMOTION IN RANK AFTER TRANSPORTATION ACCOMPLISHED DOES NOT AUTHORIZE AN INCREASE IN THE WEIGHT ALLOWANCE TO BE SHIPPED AT PUBLIC EXPENSE, NOTWITHSTANDING THE PROMOTION IS EFFECTIVE PRIOR TO THE DATE ON WHICH THE CHANGE OF STATION ORDER IS REQUIRED TO BE OBEYED AND THE OFFICER COULD HAVE DELAYED THE SHIPMENT UNTIL A DATE SUBSEQUENT TO THE EFFECTIVE DATE, AND DATE OF ACCEPTANCE, OF THE PROMOTION.

DECISION BY ACTING COMPTROLLER GENERAL ELLIOTT, JULY 25, 1936:

THERE IS BEFORE THIS OFFICE FOR CONSIDERATION THE QUESTION OF THE AMOUNT PROPERLY FOR COLLECTION AS EXCESS COST OF SHIPMENT OF CHANGE OF STATION ALLOWANCE OF HOUSEHOLD EFFECTS OF FIRST LIEUTENANT (NOW CAPTAIN) ALFRED E. KASTNER, U.S. ARMY.

IT APPEARS THAT BY PARAGRAPH 45, SPECIAL ORDERS, NO. 97, WAR DEPARTMENT, APRIL 25, 1935, THE OFFICER WAS RELIEVED FROM ASSIGNMENT AND DUTY AT PRINCETON UNIVERSITY, PRINCETON, NEW JERSEY, AND ASSIGNED TO DUTY WITH THE 4TH FIELD ARTILLERY, FORT BRAGG, NORTH CAROLINA, WITH DIRECTIONS TO REPORT NOT LATER THAN JUNE 30, 1935. BY PARAGRAPH 27, SPECIAL ORDERS, NO. 107, WAR DEPARTMENT, MAY 7, 1935, THE ORDERS OF APRIL 25, 1935, WERE AMENDED SO AS TO RELIEVE THE OFFICER FROM HIS ASSIGNMENT AT PRINCETON UNIVERSITY ON OR ABOUT SEPTEMBER 1, 1935.

BY GOVERNMENT BILL OF LADING NO. WQ-36570, DATED JULY 25, 1935, THERE WERE SHIPPED, PURSUANT TO SAID ORDERS, FROM THE OLD TO THE NEW STATION THE OFFICER'S HOUSEHOLD GOODS, WEIGHING 10,720 POUNDS, AND HIS PROFESSIONAL BOOKS, WEIGHING 1,085 POUNDS, VIA PENNSYLVANIA RAILROAD, AT A COST OF $1.13 PER CWT., OR $135.60, THE SHIPMENT BEING MADE AS 12,000 POUNDS, CARLOAD BASIS. THE BILL OF LADING SHOWS THAT THE PACKAGES WERE MARKED FOR "1ST LIEUT. ALFRED E. KASTNER, C/O QUARTERMASTER FORT BRAGG, N. CAR.' ATTACHED TO THE BILL OF LADING IS A "CERTIFICATE OF PERSONAL PROPERTY SHIPPED" DESCRIBING THE SHIPMENT AND SIGNED "ALFRED E. KASTNER FIRST LIEUTENANT, FIELD ARTILLERY, JULY 25, 1935.' THE CERTIFICATE ALSO CONTAINS, OVER THE SIGNATURE OF THE OFFICER, THE FOLLOWING:

IF THE SHIPMENT OF MY PERSONAL PROPERTY ON THIS CHANGE OF STATION, WHETHER IT BE SHIPPED NOW OR LATER, IS IN THE AGGREGATE IN EXCESS OF THE PRESENT PRESCRIBED ALLOWANCE THEREFOR, AND/OR INCLUDES AN AUTOMOBILE, AND/OR IS MADE UPON MY WRITTEN REQUEST IN ANY WAY SO AS TO INVOLVE ADDITIONAL EXPENSE, I HEREBY AGREE, AS A CONDITION PRECEDENT TO SUCH SHIPMENT, THAT, UPON RECEIPT OF A STATEMENT SHOWING THE EXCESS COST AS DETERMINED BY THE FINANCE OFFICER PAYING THE CARRIER'S TRANSPORTATION ACCOUNT, I WILL EITHER REMIT AN AMOUNT SUFFICIENT TO COVER SUCH COST, OR PERMIT THE APPLICATION OF SO MUCH OF MY PAY AS MAY BE NECESSARY TO COVER SUCH COST. I RESERVE THE RIGHT TO APPEAL TO THE COMPTROLLER GENERAL, THROUGH MILITARY CHANNELS, WITHIN THIRTY DAYS FROM DATE OF RECEIPT OF THE ABOVE STATEMENT, IN WHICH EVENT NO STOPPAGE SHALL BE MADE FROM MY PAY UNTIL THE EXCESS COST HAS BEEN DETERMINED BY THE COMPTROLLER GENERAL.

AS THE AUTHORIZED CHANGE OF STATION ALLOWANCE FOR A FIRST LIEUTENANT IS LIMITED TO 7,500 POUNDS OF HOUSEHOLD GOODS, PLUS PROFESSIONAL BOOKS, THIS OFFICE REQUESTED THE WAR DEPARTMENT TO EFFECT COLLECTION OF $36.99 FROM THE OFFICER TO COVER THE EXCESS COST OF SHIPMENT.

THE COMPUTATION OF SUCH EXCESS IS AS FOLLOWS:

CHART COST OF SHIPMENT -------------------------------------------- -- $135.60 OFFICER'S ALLOWANCE:

1,085 POUNDS PROFESSIONAL BOOKS.

7,500 POUNDS HOUSEHOLD GOODS.

8,585 POUNDS, AUTHORIZED ALLOWANCE.

8,585

------ TIMES $135.60 EQUALS --------------------------------- 98.61

11,805 ------

EXCESS --------------------------------------------------- 36.99

INASMUCH AS BY PARAGRAPH 1, SPECIAL ORDERS NO. 224, WAR DEPARTMENT, SEPTEMBER 22, 1935, THE PROMOTION OF FIRST LIEUTENANT ALFRED EUGENE KASTNER, FIELD ARTILLERY, TO CAPTAIN, EFFECTIVE AUGUST 1, 1935, WAS ANNOUNCED, IT IS CONTENDED THAT ON SEPTEMBER 1, 1935, WHEN THE OFFICER WAS REQUIRED TO TRAVEL, HE WAS A CAPTAIN AND ENTITLED TO SHIP 8,500 POUNDS OF HOUSEHOLD GOODS, AND ADJUSTMENT OF THE EXCESS COST ON THAT BASIS IS SUGGESTED.

TRANSPORTATION OF AN OFFICER'S HOUSEHOLD EFFECTS ON PERMANENT CHANGE OF STATION IS A SERVICE IN KIND. WHILE THE AMOUNT OF BAGGAGE WHICH AN OFFICER IS ENTITLED TO HAVE TRANSPORTED AT GOVERNMENT EXPENSE ON PERMANENT CHANGE OF STATION IS THE AMOUNT AUTHORIZED BY REGULATIONS FOR HIS RANK WHEN HIS ORDERS BECOME EFFECTIVE, AND WHILE AN ORDER TO MAKE A PERMANENT CHANGE OF STATION IS EFFECTIVE ON THE DATE ON WHICH IT IS REQUIRED TO BE OBEYED (A-22309, JUNE 15, 1928; 11 COMP. DEC. 2), AN OFFICER CANNOT RECEIVE IN KIND ANY ALLOWANCE OF A HIGHER RANK PRIOR TO HIS APPOINTMENT IN THE HIGHER GRADE, BE IT QUARTERS IN KIND OR SHIPMENT OF BAGGAGE. AT THE TIME HIS EFFECTS WERE TRANSPORTED, JULY 25, 1935, THE OFFICER WAS A FIRST LIEUTENANT; THE LAW UNDER WHICH HE WAS APPARENTLY PROMOTED (ACT OF JULY 31, 1935, 49 STAT. 505) HAD NOT BECOME LAW; AND, ACCORDING TO INFORMATION INFORMALLY RECEIVED FROM THE OFFICE OF THE ADJUTANT GENERAL OF THE ARMY, HE DID NOT ACCEPT HIS PROMOTION UNTIL AUGUST 24, 1935, AFTER HIS EFFECTS WERE TRANSPORTED. 19 COMP. DEC. 414.

WHILE THE OFFICER COULD HAVE DELAYED THE SHIPMENT OF HIS EFFECTS UNTIL ON OR AFTER SEPTEMBER 1, 1935, THE FACT REMAINS THAT HIS EFFECTS WERE SHIPPED AT A TIME WHEN HE WAS A FIRST LIEUTENANT AND THE AUTHORIZED WEIGHT ALLOWANCE OF A FIRST LIEUTENANT IS 7,500 POUNDS.

IT WAS HELD IN 8 COMP. GEN. 528, THAT PROMOTION IN RANK WHILE THE HOUSEHOLD GOODS ARE EN ROUTE BETWEEN STATIONS DOES NOT INCREASE THE WEIGHT ALLOWANCE TO BE SHIPPED AT PUBLIC EXPENSE. BY THE SAME REASONING, PROMOTION IN RANK AFTER THE HOUSEHOLD GOODS HAVE BEEN TRANSPORTED TO AND RECEIVED AT THE NEW STATION DOES NOT INCREASE THE WEIGHT ALLOWANCE THAT MAY BE SHIPPED AT PUBLIC EXPENSE.