A-93587, MAY 17, 1938, 17 COMP. GEN. 958

A-93587: May 17, 1938

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TRANSPORTATION - HOUSEHOLD EFFECTS - NAVY OFFICERS - EFFECT ON WEIGHT ALLOWANCE OF PROMOTION NOTIFICATION AFTER RELIEF FROM OLD STATION A NAVAL OFFICER WHO WAS NOT NOTIFIED OF ADVANCEMENT IN RANK UNTIL AFTER THE DATE WHEN CHANGE OF STATION ORDERS RELIEVED HIM FROM DUTY AT HIS OLD STATION. IS ENTITLED ONLY TO WEIGHT ALLOWANCE FOR TRANSPORTATION OF HIS HOUSEHOLD EFFECTS OF THE LOWER RANK HELD WHEN HIS RIGHT TO SUCH TRANSPORTATION ACCRUED. NOTWITHSTANDING A PART OF THE EFFECTS WERE SHIPPED AFTER HE RECEIVED THE NOTICE OF ADVANCEMENT AND THAT THE EFFECTIVE DATE STATED IN THE NOTICE OF ADVANCEMENT WAS THE SAME AS THE DATE HE WAS RELIEVED FROM DUTY AT HIS OLD STATION. THEREOF UNTIL HE WAS NOTIFIED OF THE ADVANCEMENT.

A-93587, MAY 17, 1938, 17 COMP. GEN. 958

TRANSPORTATION - HOUSEHOLD EFFECTS - NAVY OFFICERS - EFFECT ON WEIGHT ALLOWANCE OF PROMOTION NOTIFICATION AFTER RELIEF FROM OLD STATION A NAVAL OFFICER WHO WAS NOT NOTIFIED OF ADVANCEMENT IN RANK UNTIL AFTER THE DATE WHEN CHANGE OF STATION ORDERS RELIEVED HIM FROM DUTY AT HIS OLD STATION, IS ENTITLED ONLY TO WEIGHT ALLOWANCE FOR TRANSPORTATION OF HIS HOUSEHOLD EFFECTS OF THE LOWER RANK HELD WHEN HIS RIGHT TO SUCH TRANSPORTATION ACCRUED, NOTWITHSTANDING A PART OF THE EFFECTS WERE SHIPPED AFTER HE RECEIVED THE NOTICE OF ADVANCEMENT AND THAT THE EFFECTIVE DATE STATED IN THE NOTICE OF ADVANCEMENT WAS THE SAME AS THE DATE HE WAS RELIEVED FROM DUTY AT HIS OLD STATION, THE OFFICER HAVING FUNCTIONED IN THE LOWER RANK AND HAVING BEEN ENTITLED ONLY TO THE PRECEDENCE, ETC., THEREOF UNTIL HE WAS NOTIFIED OF THE ADVANCEMENT.

ACTING COMPTROLLER GENERAL ELLIOTT TO LT. A. J. FAY, UNITED STATES NAVY, MAY 17, 1938:

THERE HAS BEEN RECEIVED YOUR LETTER OF OCTOBER 29, 1937, REQUESTING REVIEW OF SETTLEMENT NO. 0656598, DATED JULY 21, 1937, DISALLOWING YOUR CLAIM FOR REIMBURSEMENT OF THE DIFFERENCE BETWEEN THE AMOUNT OF $117.16, COLLECTED UPON REQUEST FOR CHECK AGE, S. AND A. FORM NO. 63, ISSUED OCTOBER 20, 1936, BY THE NAVY DEPARTMENT, BUREAU OF SUPPLIES AND ACCOUNTS, WASHINGTON, D.C., TO DISBURSING OFFICER, SIXTEENTH NAVAL DISTRICT, CAVITE, PHILIPPINE ISLANDS, COVERING THE COST TO THE UNITED STATES FOR TRANSPORTATION OF YOUR HOUSEHOLD GOODS IN EXCESS OF THE WEIGHT ALLOWANCE OF 7,500 POUNDS, AUTHORIZED ON CHANGE OF STATION FOR A LIEUTENANT, JUNIOR GRADE, AND THE AMOUNT YOU CLAIM SHOULD HAVE BEEN COLLECTED FOR TRANSPORTATION ONLY OF THE WEIGHT IN EXCESS OF 8,500 POUNDS OF HOUSEHOLD GOODS AUTHORIZED ON CHANGE OF STATION FOR A LIEUTENANT IN THE NAVY.

ORDERS FROM THE CHIEF OF THE BUREAU OF NAVIGATION TO YOU, DATED MAY 11, 1936, DETACHED YOU ON JULY 1, 1936, FROM DUTY AT THE NAVY YARD, CHARLESTON, S.C., AND DIRECTED YOU TO PROCEED TO THE PORT OF LOS ANGELES, CALIF., AND TAKE PASSAGE THENCE VIA THE S.S. PRESIDENT MONROE, SCHEDULED TO SAIL JULY 27, 1936, FOR MANILA, PHILIPPINE ISLANDS, THE DELAY TO BE REPORTED AS LEAVE. UPON ARRIVAL AT MANILA YOU WERE FURTHER DIRECTED TO PROCEED TO CAVITE, PHILIPPINE ISLANDS, YOUR NEW DUTY STATION.

IT APPEARS YOU REQUESTED THE SUPPLY OFFICER, NAVY YARD, CHARLESTON, S.C., TO SHIP YOUR PERSONAL EFFECTS IN THREE LOTS. THE PRIMARY SHIPMENT CONSISTING OF 5,991 POUNDS OF HOUSEHOLD GOODS AND 222 POUNDS OF PROFESSIONAL BOOKS WERE SHIPPED ON GOVERNMENT BILL OF LADING NO. N 128338/37, DATED JULY 6, 1936, FROM CHARLESTON, S.C., TO CAVITE, PHILIPPINE ISLANDS, VIA WILLIAMS STEAMSHIP CORPORATION, AND DOLLAR STEAMSHIP LINES, S.S. PRESIDENT TAFT, VOYAGE 64. A TRUNK WEIGHING 114 POUNDS WAS SHIPPED BY RAILWAY EXPRESS AGENCY, INC., FROM CHARLESTON, S.C., TO LOS ANGELES, CALIF., CARE S.S. PRESIDENT MONROE, DOLLAR LINE, ON GOVERNMENT BILL OF LADING NO. N-128331/36, DATED JUNE 29, 1936, AND 3,738 POUNDS OF HOUSEHOLD GOODS WERE SHIPPED BY THE WILLIAMS STEAMSHIP CORPORATION FROM CHARLESTON, S.C., TO MARE ISLAND, VALLEJO, CALIF., APPARENTLY FOR STORAGE, BY GOVERNMENT BILL OF LADING NO. N-128378/37, DATED JULY 15, 1936.

IT FURTHER APPEARS THAT UNDER DATE OF JULY 7, 1936, THE SECRETARY OF THE NAVY ADDRESSED THE FOLLOWING LETTER TO YOU AT BOX 38, EASTON, MD.:

HAVING BEEN DULY FOUND QUALIFIED BY EXAMINATION FOR ADVANCEMENT TO THE RANK OF LIEUTENANT, CIVIL ENGINEER CORPS, YOU WILL, BY DIRECTION OF THE PRESIDENT OF THE UNITED STATES, BE REGARDED AND RECOGNIZED AS HOLDING SAID RANK FROM AND INCLUDING JULY 1, 1936, THE DATE UPON WHICH YOUR ,RUNNING MATE" IN THE LINE ATTAINED THE SAME.

YOU ACKNOWLEDGED RECEIPT OF SUCH LETTER AT EASTON, MD., JULY 13, 1936. THIS NOTIFICATION, IN LETTER FORM, ISSUED BY DIRECTION OF THE PRESIDENT, WAS ADVICE OF YOUR ADVANCEMENT TO THE OFFICE OF LIEUTENANT, UNDER THE PROVISIONS OF SECTION 3 OF THE ACT OF JUNE 10, 1926, 44 STAT. 718. UNTIL SO ADVISED OF YOUR ADVANCEMENT YOU FUNCTIONED IN THE CAPACITY OF LIEUTENANT, JUNIOR GRADE, AND WERE ENTITLED TO PRECEDENCE, ETC., ONLY IN THAT GRADE.

UPON COMPLETE DETACHMENT FROM STATION AND DUTY, JULY 1, 1936, AT CHARLESTON, S.C., YOU WERE A LIEUTENANT, JUNIOR GRADE, AND AT THAT TIME YOU BECAME ENTITLED, UNDER NAVY REGULATIONS, TO HAVE 7,500 POUNDS OF HOUSEHOLD GOODS SHIPPED FROM SUCH LAST PERMANENT STATION TO YOUR NEW PERMANENT STATION, CAVITE, PHILIPPINE ISLANDS. PRIOR TO THE SHIPMENT OF YOUR PRIMARY OR BASIC SHIPMENT, MADE JULY 6, 1936, YOU HAD AVAILED YOURSELF OF A CHANGE OF STATION CREDIT OF 114 POUNDS. AFTER THE PRIMARY SHIPMENT WAS MADE THERE REMAINED A WEIGHT CREDIT OF 1,395 POUNDS, WHICH WAS AUTHORIZED TO BE SHIPPED AT PUBLIC EXPENSE WITH THE THIRD SHIPMENT MADE TO MARE ISLAND. THE FACT THAT YOU WERE ACTUALLY A LIEUTENANT ON JULY 15, 1936, WHEN THE THIRD SHIPMENT WAS MADE DID NOT INCREASE YOUR WEIGHT ALLOWANCE. IT HAS BEEN UNIFORMLY HELD THAT TRANSPORTATION OF BAGGAGE IS A SERVICE TO BE RENDERED IN KIND AND THE WEIGHT ALLOWANCE ON A PARTICULAR CHANGE OF STATION MUST NECESSARILY DEPEND ON THE RANK OF THE OFFICER WHEN THE RIGHT ACCRUES. THE RULE WAS STATED IN A-22309, JUNE 15, 1928, TO MAJ. JAMES C. RUDDELL, C.A.C., U.S. ARMY, AS FOLLOWS:

IT APPEARS YOU LEFT THE PHILIPPINE ISLANDS MAY 1, 1927, ON WHICH DATE YOUR ORDERS RELIEVED YOU FROM DUTY IN THE PHILIPPINE DEPARTMENT AND ASSIGNED YOU TO DUTY AT FORT MONROE, VA., AND THAT IN ACCORDANCE WITH YOUR ORDERS YOU SAILED FROM NAGASAKI, JAPAN, ON MAY 17, 1927, FOR SAN FRANCISCO, CALIF. YOUR ORDER FOR PERMANENT CHANGE OF STATION BECAME EFFECTIVE FOR THE PURPOSE OF DETERMINING YOUR RIGHTS WITH RESPECT TO THE TRANSPORTATION OF YOUR BAGGAGE WHEN YOU LEFT THE PHILIPPINE ISLANDS, MAY 1, 1927, AT WHICH DATE YOU HELD THE RANK OF CAPTAIN. YOUR RIGHTS WITH RESPECT TO THE TRANSPORTATION OF YOUR BAGGAGE WERE FIXED AT THAT TIME, AND THE FACT THAT YOU WERE PROMOTED WHILE EN ROUTE TO YOUR NEW PERMANENT STATION MAY HAVE BEEN DELAYED FOR THE REASONS THAT YOU AVAILED YOURSELF OF AUTHORIZED LEAVE WHILE EN ROUTE, DID NOT GIVE YOU ANY RIGHTS WITH RESPECT TO THE TRANSPORTATION OF YOUR BAGGAGE, ADDITIONAL TO THOSE WHICH ACCRUED TO YOU ON THE EFFECTIVE DATE OF YOUR ORDER.

YOU WERE A LIEUTENANT, JUNIOR GRADE, ON JULY 1, 1936, WHEN YOUR ORDERS RELIEVED YOU FROM DUTY AND STATION AT CHARLESTON, S.C., AND YOUR RIGHTS WITH RESPECT TO THE TRANSPORTATION OF YOUR BAGGAGE THEN ACCRUED FOR THE CHANGE OF STATION ALLOWANCE PRESCRIBED FOR THIS RANK. UPON REVIEW THE SETTLEMENT MUST BE AND IS SUSTAINED.