A-16766, JANUARY 19, 1927, 6 COMP. GEN. 478

A-16766, JANUARY 19, 1927, 6 COMP. GEN. 478

TRANSPORTATION - HOUSEHOLD GOODS AND PRIVATE MOUNTS OF ARMY OFFICERS WHERE AN OFFICER OF THE ARMY, UNDER PERMANENT CHANGE OF STATION ORDERS, INDICATED HIS DESIRE TO HAVE THE PACKING AND CRATING OF HIS HOUSEHOLD GOODS EXPEDITED, BUT REQUESTED THAT HIS PRIVATE MOUNTS BE NOT FORWARDED UNTIL A CERTAIN DATE IN ORDER THAT HE MIGHT BE AT HIS NEW STATION WHEN THEY ARRIVED, THE EXTRA EXPENSE, OCCASIONED BY THE SHIPPING OF THE HOUSEHOLD GOODS AND PRIVATE MOUNTS SEPARATELY, WAS INCURRED SOLELY FOR THE OFFICER'S BENEFIT AND HE IS CHARGEABLE THEREWITH.

DECISION BY ASSISTANT COMPTROLLER GENERAL GINN, JANUARY 19, 1927:

MAJ. EDWARD G. HUBER, MEDICAL CORPS, UNITED STATES ARMY, HAS REQUESTED REVIEW OF SETTLEMENT NO. 0103989, DATED MAY 11, 1926, DISALLOWING HIS CLAIM FOR REFUND OF $69.75 COLLECTED FROM HIM AS EXTRA EXPENSE ACCRUED THROUGH SHIPPING HIS PRIVATE MOUNTS SEPARATELY FROM HIS HOUSEHOLD GOODS, UNDER THE CIRCUMSTANCES HEREINAFTER STATED.

THE RECORD SHOWS THAT ON PERMANENT CHANGE OF STATION FROM BOSTON, MASS., TO ATLANTA, GA., AS DIRECTED IN SPECIAL ORDERS NO. 86, WAR DEPARTMENT, DATED APRIL 13, 1925, CLAIMANT TURNED OVER TO THE QUARTERMASTER'S DEPARTMENT FOR SHIPMENT 10,020 POUNDS OF HOUSEHOLD GOODS, 1,458 POUNDS OF PROFESSIONAL BOOKS, AND TWO PRIVATE MOUNTS OF AN ESTIMATED WEIGHT OF 1,100 POUNDS EACH. THE HOUSEHOLD EFFECTS WERE REMOVED, PRIOR TO MAY 31, 1925, FROM CLAIMANT'S APARTMENT TO THE GOVERNMENT WAREHOUSE, WHERE AT THE SOLICITATION OF CLAIMANT AND WITH HIS ASSISTANCE THEY WERE IMMEDIATELY PACKED AND CRATED FOR SHIPMENT, AND ON JUNE 9, 1925, WERE SHIPPED TO HIS NEW STATION IN CARE OF THE QUARTERMASTER, FOURTH CORPS AREA, ATLANTA, GA. CLAIMANT HAD BEEN GRANTED LEAVE OF ABSENCE AND IN ORDER THAT HE MIGHT BE AT HIS NEW STATION WHEN HIS HORSES ARRIVED, HE REQUESTED THAT THEY BE HELD UNTIL JULY 1, 1925. THEY WERE ACCORDINGLY NOT INCLUDED IN THE SHIPMENT OF HIS HOUSEHOLD EFFECTS BUT WERE HELD AND SHIPPED ON THE DATE DESIGNATED BY HIM. THE SEPARATE SHIPMENT OF THE MOUNTS RESULTED IN INCREASED CHARGES OF $69.75.

CLAIMANT STATES THAT WHILE HE REQUESTED THAT HIS HORSES BE NOT SHIPPED UNTIL ON OR ABOUT JULY 1, 1925, HE SPECIFICALLY REQUESTED NEITHER SEPARATE NOR COMBINED SHIPMENT OF HOUSEHOLD GOODS AND HORSES. STATEMENTS MADE IN AFFIDAVITS OF THE PERSONNEL EMPLOYED IN THE QUARTERMASTER'S OFFICE AT BOSTON WOULD INDICATE THAT IT WAS CLAIMANT'S DESIRE THAT THE WORK IN CONNECTION WITH THE PACKING AND CRATING OF HIS HOUSEHOLD GOODS BE EXPEDITED. THE CRATING AND PACKING THEREOF HAVING BEEN COMPLETED ON JUNE 8, 1925, THE RELATION OF THE GOVERNMENT IN CONNECTION THEREWITH REQUIRED THAT THEY BE SHIPPED PROMPTLY. IF NO INSTRUCTIONS HAD BEEN GIVEN CONCERNING HIS HORSES, THEY, IN VIEW OF THE REGULATIONS, DECISIONS, AND ESTABLISHED PROCEDURE, WOULD HAVE BEEN SHIPPED WITH HIS HOUSEHOLD GOODS AT THE LOWER RATE. THE CLAIMANT HAD NO RIGHT TO THE STORAGE IN A GOVERNMENT WAREHOUSE OF HIS HOUSEHOLD GOODS UNTIL THE DATE SELECTED BY HIM FOR SHIPMENT OF HIS MOUNTS.

UNDER THE CIRCUMSTANCES APPEARING, THE ADDITIONAL EXPENSE INCURRED BY REASON OF TWO SEPARATE SHIPMENTS OF CLAIMANT'S PERSONAL EFFECTS MUST BE REGARDED AS HAVING BEEN MADE NECESSARY BY HIS REQUEST THAT HIS HORSES BE SHIPPED ON A PARTICULAR DATE, AND IT MUST THEREFORE BE HELD THAT HE IS OBLIGATED TO BEAR THE EXTRA EXPENSE INCIDENT THERETO. 18 COMP. DEC. 480.