B-26896, JULY 6, 1942, 22 COMP. GEN. 2

B-26896: Jul 6, 1942

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IN EXCESS OF REGULATION CHANGE OF STATION ALLOWANCE FOR WHICH AN ARMY OFFICER IS LIABLE UNDER THE ACT OF MARCH 23. 1942: I HAVE YOUR LETTER OF JUNE 2. AS FOLLOWS: THERE IS INCLOSED HEREWITH CERTIFIED COPY OF VOUCHER 567471. THE WEIGHT OF THE PROPERTY SHIPPED IS IN EXCESS OF THAT PROVIDED BY APPLICABLE REGULATIONS AND THERE IS FOR COLLECTION FROM THE OWNER OF THE PROPERTY A PRO RATA PROPORTION OF THE COST OF THE SHIPMENT. SINCE THE DISCOUNT IS GIVEN FOR PROMPT PAYMENT AND IS EARNED BY THE GOVERNMENT AND NOT THROUGH ANY ACTION OF THE OWNER OF THE PROPERTY. THERE IS SOME DOUBT AS TO THE AMOUNT TO BE USED IN COMPUTING THE PROPORTION CHARGEABLE TO THE OWNER OF THE PROPERTY. THE MATTER IS SUBMITTED WITH REQUEST FOR DECISION AS TO WHETHER THE GROSS AMOUNT OF $209.56 PROVIDED IN THE PURCHASE ORDER OR THE NET AMOUNT OF $207.46 ACTUALLY PAID IS TO BE USED IN DETERMINING THE PRO RATA PROPORTION OF THE CHARGES TO BE COLLECTED FROM COL.

B-26896, JULY 6, 1942, 22 COMP. GEN. 2

TRANSPORTATION - HOUSEHOLD EFFECTS - EXCESS COST - INCLUSION OF PROMPT PAYMENT DISCOUNTS IN DETERMINING THE AMOUNT OF TRANSPORTATION CHARGES ON HOUSEHOLD EFFECTS, ETC., IN EXCESS OF REGULATION CHANGE OF STATION ALLOWANCE FOR WHICH AN ARMY OFFICER IS LIABLE UNDER THE ACT OF MARCH 23, 1910, AND APPLICABLE ARMY REGULATIONS, THERE SHOULD BE USED THE NET AMOUNT ACTUALLY PAID BY THE GOVERNMENT ON THE SHIPMENT, TAKING INTO CONSIDERATION ANY PROMPT PAYMENT DISCOUNT RECEIVED.

ASSISTANT COMPTROLLER GENERAL ELLIOTT TO COL. W. M. DIXON, UNITED STATES ARMY, JULY 6, 1942:

I HAVE YOUR LETTER OF JUNE 2, 1942, AS FOLLOWS:

THERE IS INCLOSED HEREWITH CERTIFIED COPY OF VOUCHER 567471, MAY 16, 1942, ACCOUNTS OF W. M. DIXON, COLONEL, FINANCE DEPARTMENT, IN FAVOR OF THE NATIONAL DELIVERY ASSOCIATION, WASHINGTON, C., IN THE NET AMOUNT OF $207.46 COVERING THE COSTS OF TRANSPORTING THE HOUSEHOLD GOODS OF COL. SEWELL M. CORBETT, M.C., FROM WASHINGTON, D.C., TO FORT JAY, N.Y.

THE WEIGHT OF THE PROPERTY SHIPPED IS IN EXCESS OF THAT PROVIDED BY APPLICABLE REGULATIONS AND THERE IS FOR COLLECTION FROM THE OWNER OF THE PROPERTY A PRO RATA PROPORTION OF THE COST OF THE SHIPMENT. THE PURCHASE ORDER COVERING THE TRANSPORTATION OF THE PROPERTY PROVIDES FOR A CHARGE OF $209.56 LESS 1 PERCENT FOR PAYMENT WITHIN 10 DAYS. SINCE THE DISCOUNT IS GIVEN FOR PROMPT PAYMENT AND IS EARNED BY THE GOVERNMENT AND NOT THROUGH ANY ACTION OF THE OWNER OF THE PROPERTY, THERE IS SOME DOUBT AS TO THE AMOUNT TO BE USED IN COMPUTING THE PROPORTION CHARGEABLE TO THE OWNER OF THE PROPERTY.

THE MATTER IS SUBMITTED WITH REQUEST FOR DECISION AS TO WHETHER THE GROSS AMOUNT OF $209.56 PROVIDED IN THE PURCHASE ORDER OR THE NET AMOUNT OF $207.46 ACTUALLY PAID IS TO BE USED IN DETERMINING THE PRO RATA PROPORTION OF THE CHARGES TO BE COLLECTED FROM COL. SEWELL M. CORBETT.

THE ACT OF MARCH 23, 1910, 36 STAT. 255 (10 U.S.C. 821) PROVIDES:

* * * THAT HEREAFTER BAGGAGE IN EXCESS OF REGULATION CHANGE OF STATION ALLOWANCES MAY BE SHIPPED WITH SUCH ALLOWANCES, AND REIMBURSEMENT COLLECTED FOR TRANSPORTATION CHARGES ON SUCH EXCESS * * *. PARAGRAPH 10 (B), ARMY REGULATIONS 30-960, MAY 24, 1938, PROVIDES:

ON PERMANENT CHANGE OF STATION, AUTHORIZED BAGGAGE IN EXCESS OF THE PRESCRIBED WEIGHT ALLOWANCE (SEE A ABOVE) MAY BE SHIPPED ON THE SAME BILL OF LADING WITH THE ALLOWANCE, PROVIDED THAT THE COST COVERING EXCESS WEIGHT AS DETERMINED UNDER PARAGRAPH 24 WILL BE BORNE BY THE OWNER * * *. AND PARAGRAPH 24 OF THE SAME REGULATIONS DIRECTS, IN PERTINENT PART, THAT:

THE FINANCE OFFICER, U.S. ARMY, WASHINGTON, D.C., (OR OTHER FINANCE OFFICERS AS DESIGNATED IN PAR. 1, A.R. 35-6120), WHO SETTLES THE ACCOUNT WILL DETERMINE THE EXCESS AMOUNT TO BE COLLECTED AND NOTIFY THE OWNER, WHO, UPON RECEIPT OF SUCH NOTIFICATION, WILL PROMPTLY REMIT THE AMOUNT SO DETERMINED. * * *

THE AMOUNT FOR COLLECTION IN ACCORDANCE WITH THE PROVISIONS OF THE APPLICABLE STATUTE AND REGULATIONS IS AN AMOUNT EQUAL TO THE "TRANSPORTATION CHARGES ON SUCH EXCESS" OR THE "COST COVERING EXCESS WEIGHT," THAT IS TO SAY, THE NET AMOUNT ACTUALLY PAID BY THE GOVERNMENT IS FOR USE IN DETERMINING THE PRO RATA PROPORTION OF SHIPPING CHARGES FOR COLLECTION FROM COLONEL CORBETT AND, AS $207.46 WAS PAID FOR MOVING THE BAGGAGE, THAT AMOUNT SHOULD BE USED IN DETERMINING THE EXCESS COST.