A-99841, JANUARY 20, 1939, 18 COMP. GEN. 619

A-99841: Jan 20, 1939

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TRANSPORTATION - HOUSEHOLD EFFECTS - UNPACKING AND UNCRATING AT GOVERNMENT EXPENSE THERE IS NO AUTHORITY OF LAW FOR THE UNPACKING AND UNCRATING AT GOVERNMENT EXPENSE OF THE HOUSEHOLD EFFECTS OF AN ARMY OFFICER ON CHANGE OF STATION. THE REQUEST FOR REVIEW IS SUPPORTED BY STATEMENTS FROM MAJ. "THE HAULING OF AUTHORIZED BAGGAGE INCIDENTAL TO ITS TRANSPORTATION IS AUTHORIZED AT PUBLIC EXPENSE. SUCH HAULING AS MAY BE NECESSARY WILL BE FURNISHED BY THE QUARTERMASTER CORPS. PACKING AND CRATING IS AUTHORIZED AS AN ESSENTIAL TO ALL SHIPMENTS EXCEPT THOSE MADE BY VAN. - AND IS SPECIFICALLY COVERED AS TO COST. IT IS BELIEVED THAT UNCRATING. IS EQUALLY ESSENTIAL. THAT IT IS THE INTENT OF THE REGULATIONS TO INCLUDE SUCH COSTS IN THE AMOUNTS AUTHORIZED FOR THE SHIPMENT OF THE HOUSEHOLD EFFECTS OF AN OFFICER UPON A PERMANENT CHANGE OF STATION.

A-99841, JANUARY 20, 1939, 18 COMP. GEN. 619

TRANSPORTATION - HOUSEHOLD EFFECTS - UNPACKING AND UNCRATING AT GOVERNMENT EXPENSE THERE IS NO AUTHORITY OF LAW FOR THE UNPACKING AND UNCRATING AT GOVERNMENT EXPENSE OF THE HOUSEHOLD EFFECTS OF AN ARMY OFFICER ON CHANGE OF STATION.

ACTING COMPTROLLER GENERAL ELLIOTT TO LT.COL. E. F. ELY, UNITED STATES ARMY, JANUARY 20, 1939:

THERE HAS BEEN RECEIVED BY REFERENCE OF THE CHIEF OF FINANCE YOUR REQUEST OF NOVEMBER 29, 1938, FOR REVIEW OF THE ACTION HERETOFORE TAKEN BY THIS OFFICE IN DISALLOWING CREDIT FOR $20 PAID TO HARVEY'S LOCAL EXPRESS, PITTSBURGH, PA., ON VOUCHER 70, YOUR JUNE 1937 ACCOUNTS, FOR SERVICES RENDERED IN UNCRATING AND SETTING UP OF THE HOUSEHOLD EFFECTS AND PROFESSIONAL BOOKS OF MAJ. HAROLD D. SMITH, AIR CORPS, INCIDENT TO THE PERMANENT CHANGE OF STATION OF THE OFFICER FROM HAMILTON FIELD, CALIF., TO THE PITTSBURGH AIRPORT, PITTSBURGH, PA., IN ACCORDANCE WITH PARAGRAPH 15, SPECIAL ORDERS NO. 257, WAR DEPARTMENT, DATED OCTOBER 29, 1936.

THE REQUEST FOR REVIEW IS SUPPORTED BY STATEMENTS FROM MAJ. LAMMONS DATED SEPTEMBER 3, 1938, AS FOLLOWS:

1. PARAGRAPH 20, AR 30-960, READS IN PART,"THE HAULING OF AUTHORIZED BAGGAGE INCIDENTAL TO ITS TRANSPORTATION IS AUTHORIZED AT PUBLIC EXPENSE, AND SUCH HAULING AS MAY BE NECESSARY WILL BE FURNISHED BY THE QUARTERMASTER CORPS. THIS INCLUDES HANDLING INTO OR OUT OF RESIDENCE.

PACKING AND CRATING IS AUTHORIZED AS AN ESSENTIAL TO ALL SHIPMENTS EXCEPT THOSE MADE BY VAN--- AND IS SPECIFICALLY COVERED AS TO COST, ETC., BY REGULATIONS. IT IS BELIEVED THAT UNCRATING, WHEN MOVING INTO A RESIDENCE OR APARTMENT, IS EQUALLY ESSENTIAL, AND THAT IT IS THE INTENT OF THE REGULATIONS TO INCLUDE SUCH COSTS IN THE AMOUNTS AUTHORIZED FOR THE SHIPMENT OF THE HOUSEHOLD EFFECTS OF AN OFFICER UPON A PERMANENT CHANGE OF STATION. IT IS IMPRACTICABLE IN MOST CASES TO DELIVER A LOAD OF CRATED FURNITURE "INTO" AN APARTMENT OR SET OF QUARTERS.

AND FROM LT.COL. CARL A. HARDIGG, DATED OCTOBER 14, 1938, STATING:

PARAGRAPH 20, AR 30-960, AUTHORIZES THE HAULING OF FURNITURE INCIDENT TO ITS TRANSPORTATION AND STATES THAT THIS INCLUDES HANDLING INTO OR OUT OF RESIDENCE. IT IS IMPRACTICABLE OR IMPOSSIBLE IN MOST CASES TO DELIVER A LOAD OF CRATED FURNITURE "INTO" AN APARTMENT OR SET OF QUARTERS. THE FURNITURE MUST THEREFORE BE UNCRATED IN ORDER TO FINISH THE HAULING JOB AND THEREBY COMPLY WITH THE REGULATION. IT IS THE OPINION OF THIS OFFICE THAT THE ENTIRE TRANSACTION MIGHT BE COVERED BY THE TERM "HAULING.' IT IS BELIEVED THAT THIS OFFICER ON HIS PERMANENT CHANGE OF STATION WAS ENTITLED TO HAVE HIS FURNITURE PLACED IN HIS NEW RESIDENCE; THAT THE UNCRATING WAS NECESSARY IN ORDER TO PERFORM THIS SERVICE; AND THAT IT WAS INCIDENTAL AND PART OF THE HAULING JOB. IT IS THEREFORE RECOMMENDED THAT THE SUSPENSION REFERRED TO IN BASIC LETTER BE REMOVED.

IN RESPONSE TO A LETTER FROM YOU OF JUNE 9, 1938, AS TO WHAT PART OF THE CHARGE OF $45 FOR HAULING AND UNCRATING COVERED THE COST OF UNCRATING OF MAJOR SMITH'S HOUSEHOLD GOODS AND PROFESSIONAL BOOKS, THE ACTING SUPPLY OFFICER OF THE NINETY-NINTH DIVISION, PITTSBURGH, PA., JUNE 16, 1938, REPLIED AS FOLLOWS:

1. REFERENCE LETTER YOUR HEADQUARTERS, DATED JUNE 9, 1938, FILE AND SUBJECT AS ABOVE, THE FOLLOWING INFORMATION IS FURNISHED:

CHART HAULING AND UNLOADING THE HOUSEHOLD GOODS AND PROFESSIONAL

BOOKS OF MAJOR HAROLD D. SMITH, AIR CORPS, ON PERMANENT

CHANGE OF STATION PER PAR. 15, S.O. 257, WAR DEPT., OCT.

29, 1936, FROM PENNSYLVANIA RAILROAD STATION TO 260 NEWBURN

DRIVE, MT. LEBANON, PA.--- FOR THE JOB ------------------------ $25 UNCRATING AND SETTING UP OF THE ABOVE HOUSEHOLD GOODS AND

PROFESSIONAL BOOKS--- FOR THE JOB ----------------------------- 20

TOTAL ------------------------------------------------------- 45

ARMY REGULATIONS 30-960, PARAGRAPH 20, PROVIDES IN PERTINENT PART:

* * * THE HAULING OF AUTHORIZED BAGGAGE INCIDENTAL TO ITS TRANSPORTATION IS AUTHORIZED AT PUBLIC EXPENSE, AND SUCH HAULING AS MAY BE NECESSARY WILL BE FURNISHED BY THE QUARTERMASTER CORPS. THIS INCLUDES HANDLING INTO OR OUT OF RESIDENCE AND THE EMPLOYMENT OF SPECIAL RIGGING AND EQUIPMENT, IF ABSOLUTELY NECESSARY, IN CONNECTION WITH HEAVY OR DELICATE ARTICLES.

PAYMENT WAS EFFECTED FROM THE APPROPRIATION "ORGANIZED RESERVES, 1937," MADE AVAILABLE BY THE ACT OF MAY 15, 1936, 49 STAT. 1300, FOR THE "PACKING AND TRANSPORTATION OF BAGGAGE" OF OFFICERS OF THE REGULAR ARMY ON DUTY IN CONNECTION WITH THE ORGANIZED RESERVES.

THERE WAS NO AUTHORITY FOR PACKING AND CRATING THE BAGGAGE OF AN OFFICER OF THE ARMY ON CHANGE OF STATION PRIOR TO THE FISCAL YEAR 1909, A PROVISION FOR PACKING AND CRATING HAVING BEEN FIRST INCLUDED IN THE APPROPRIATION ACT FOR THAT FISCAL YEAR UNDER THE APPROPRIATION "TRANSPORTATION OF THE ARMY AND ITS SUPPLIES.' SEE, FOR APPLICATION OR NON-APPLICATION OF THIS PROVISION TO OTHER SERVICES BY ASSIMILATION, 15 COMP. DEC. 122 (MARINE CORPS); ID. 314 (REVENUE CUTTER SERVICE); ID. 501 (NAVY); ID. 731 (PUBLIC HEALTH SERVICE). IT WAS PLAINLY POINTED OUT IN THOSE DECISIONS THAT THIS AUTHORITY WAS IN THE NATURE OF AN ALLOWANCE IN CONNECTION WITH MOVEMENT OF AN OFFICER'S BAGGAGE, AND THERE WAS NO SUGGESTION, IMPLIED OR OTHERWISE, THAT IT WAS BROAD ENOUGH TO INCLUDE THE COST OF UNPACKING AND UNCRATING. THE REGULATIONS CITED HAVE THEIR SOURCE IN THE LAW, AND THE REGULATIONS CAN AUTHORIZE NOTHING THAT IS NOT AUTHORIZED BY THE LAW ON WHICH THEY ARE BASED. UNPACKING AND UNCRATING OF THE BAGGAGE OF AN OFFICER IS NOT AUTHORIZED UNDER THE STATUTE AND MAY NOT BE ALLOWED. 27 COMP. DEC. 261; 9 COMP. GEN. 434. THE DISALLOWANCE IS AFFIRMED.