B-145528, MAY 11, 1961

B-145528, MAY 11, 1961

TO MR. WILLIAM A. OSBORNE:

FURTHER REFERENCE IS MADE TO YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS (WIFE AND THREE CHILDREN) FROM SIOUX LOOKOUT, ONTARIO, CANADA, TO CLEAR FIELD, IOWA, INCIDENT TO YOUR RELEASE FROM ACTIVE DUTY IN THE UNITED STATES AIR FORCE. YOUR CLAIM WILL BE CONSIDERED AS IN THE NATURE OF A REQUEST FOR REVIEW OF OUR SETTLEMENT OF JANUARY 19, 1961, WHICH DISALLOWED A SIMILAR CLAIM FOR TRAVEL OF YOUR DEPENDENTS TO LITTLE ROCK, ARKANSAS.

BY ORDERS DATED JULY 13, 1960, YOU WERE RELIEVED FROM ASSIGNMENT AT SIOUX LOOKOUT AIR STATION AND ASSIGNED TO THE 343RD FIGHTER GROUP (ADC), DULUTH, MINNESOTA, EFFECTIVE SEPTEMBER 18, 1960, FOR THE PURPOSE OF SEPARATION FROM THE SERVICE. BY ORDERS DATED SEPTEMBER 19, 1960, YOU WERE RELIEVED FROM ASSIGNMENT WITH THE 343RD FIGHTER GROUP (ADC) AND HONORABLY DISCHARGED EFFECTIVE SEPTEMBER 23, 1960. ON THE BASIS OF THE CERTIFICATION IN YOUR VOUCHER EXECUTED ON SEPTEMBER 26, 1960, FOR REIMBURSEMENT FOR YOUR DEPENDENTS' TRAVEL THAT TRAVEL WAS PERFORMED FROM SIOUX LOOKOUT TO LITTLE ROCK, ARKANSAS, DURING THE PERIOD SEPTEMBER 16 TO 26, 1960, WITH THE INTENT OF ESTABLISHING A BONA FIDE RESIDENCE, A CHECK FOR $248.58 WAS MAILED TO YOU TO 2104 WEST 12TH STREET, LITTLE ROCK, ARKANSAS, THE ADDRESS SHOWN ON YOUR VOUCHER, COMPUTED ON THE MILEAGE BETWEEN SIOUX LOOKOUT AND VAN BUREN, ARKANSAS, YOUR HOME OF RECORD. THE CHECK WAS RETURNED BY THE POST OFFICE WITH THE NOTATION ON THE ENVELOPE THAT THE ADDRESSEE WAS UNKNOWN AT THE ADDRESS GIVEN. IT WAS REMAILED TO 517 NORTH TAYLOR STREET, LITTLE ROCK, ARKANSAS, AND SUBSEQUENTLY FORWARDED TO 731 SOUTH 2ND, LOUISVILLE, KENTUCKY, BUT WAS RETURNED TO THE AIR FORCE WITH THE NOTATION THAT THE WHEREABOUTS OF THE ADDRESSEE WERE NOT KNOWN. BY SETTLEMENT DATED JANUARY 19, 1961, OUR CLAIMS DIVISION DISALLOWED YOUR CLAIM FOR THE REASON THAT YOU FAILED TO FURNISH EVIDENCE TO SUPPORT YOUR CONTENTION THAT TRAVEL TO LITTLE ROCK WAS PERFORMED WITH THE INTENTION OF ESTABLISHING A BONA FIDE RESIDENCE.

PARAGRAPH 7000-13 OF THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (C), PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES ARE NOT ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE FOR ANY TRAVEL TO A PLACE AT WHICH THEY DO NOT INTEND TO ESTABLISH A RESIDENCE, FOR PLEASURE TRIPS OR FOR PURPOSES OTHER THAN WITH INTENT TO CHANGE THE DEPENDENTS' RESIDENCE. THUS, A RIGHT TO TRANSPORTATION OF DEPENDENTS AT THE EXPENSE OF THE GOVERNMENT IS NOT AN ALLOWANCE PAYABLE IN ALL EVENTS ON THE BASIS THAT SOME TRAVEL WAS PERFORMED. EVEN THOUGH TRAVEL IS PERFORMED, NO RIGHT TO REIMBURSEMENT BY THE GOVERNMENT ARISES UNLESS THE TRAVEL MAY BE CONSIDERED AS INCIDENT TO A CHANGE OF RESIDENCE RESULTING FROM AN ORDERED PERMANENT CHANGE OF STATION, INCLUDING TRAVEL FROM LAST DUTY STATION TO HOME UPON RELEASE FROM THE SERVICE AS IN YOUR CASE. SEE 33 COMP. GEN. 431.

WHEN A MEMBER SELECTS A HOME UPON RELEASE FROM THE SERVICE AND PERFORMS TRAVEL TO THAT PLACE, IT MUST BE CLEARLY SHOWN THAT AT THE TIME THE TRAVEL WAS PERFORMED THE MEMBER INTENDED TO ESTABLISH A BONA FIDE RESIDENCE AT THE PLACE HE SELECTED AS HIS "HOME" AND INTENDS TO LIVE THERE. WHILE YOU STATE THAT YOU AND YOUR DEPENDENTS TRAVELED TO LITTLE ROCK UPON YOUR SEPARATION FROM THE SERVICE, THE NOTATION OF THE POSTAL SERVICE INDICATES THAT YOU WERE UNKNOWN AT THE ADDRESS YOU HAD GIVEN IN THAT CITY AND YOU HAVE NOT FURNISHED EVIDENCE THAT ANY TRAVEL THERE IN SEPTEMBER 1960 WAS WITH THE INTENTION OF MAKING THAT PLACE YOUR HOME OR ESTABLISHING A BONA FIDE RESIDENCE. RATHER, YOUR LETTER OF NOVEMBER 18, 1960, AND LATER CORRESPONDENCE SHOW YOUR ADDRESS AS CLEAR FIELD, IOWA, AND YOUR PRESENT CLAIM IS FOR DEPENDENT TRAVEL FROM SIOUX LOOKOUT TO CLEAR FIELD DURING THE PERIOD SEPTEMBER 16 TO OCTOBER 1, 1960, THUS INDICATING THAT ANY TRAVEL TO LITTLE ROCK WAS FOR NOTHING MORE THAN A VISIT.

WHEN A MEMBER HAS SELECTED A HOME TO WHICH HE AND HIS DEPENDENTS HAVE TRAVELED UPON HIS RELEASE FROM THE SERVICE, THE REGULATIONS DO NOT AUTHORIZE REIMBURSEMENT FOR THE TRANSPORTATION OF HIS DEPENDENTS TO ANOTHER HOME TO WHICH THEY SUBSEQUENTLY MOVE. THE REIMBURSEMENT FOR DEPENDENT TRAVEL AT GOVERNMENT EXPENSE IS LIMITED TO THE FIRST BONA FIDE HOME TO WHICH THEY TRAVEL AFTER THE MEMBER IS RELEASED FROM THE SERVICE. THE PRESENT RECORD CONTAINS NO EXPLANATION WHY YOU ORIGINALLY CLAIMED REIMBURSEMENT FOR DEPENDENT TRAVEL TO LITTLE ROCK AND SUBSEQUENTLY PRESENTED A CLAIM FOR DEPENDENT TRAVEL TO CLEAR FIELD. ACCORDINGLY, ON THE PRESENT RECORD REIMBURSEMENT IS NOT AUTHORIZED IN ANY AMOUNT FOR THE TRAVEL OF YOUR DEPENDENTS. HOWEVER, IF YOU FURNISH A COMPLETE EXPLANATION OF THE FACTS INCLUDING AN EXPLANATION WHY YOU FIRST PRESENTED A CLAIM FOR TRAVEL TO LITTLE ROCK AND THEN PRESENTED A CLAIM FOR TRAVEL TO CLEAR FIELD, TOGETHER WITH ANY EVIDENCE YOU CARE TO SUBMIT SUCH AS COPY OF A LEASE, RECEIPTS FOR PAYMENTS OF RENT AND UTILITIES WHICH WILL BE HELPFUL IN ESTABLISHING WHERE YOU AND YOUR DEPENDENTS TRAVELED FOR THE PURPOSE OF ACTUALLY ESTABLISHING A RESIDENCE AFTER YOUR DISCHARGE, WE WILL GIVE FURTHER CONSIDERATION TO THE MATTER.

WITH REGARD TO YOUR CLAIM FOR A DISLOCATION ALLOWANCE, YOU ARE ADVISED THAT SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, PROVIDES THAT SUCH ALLOWANCE IS NOT PAYABLE TO A MEMBER INCIDENT TO HIS ORDERS FROM HOME TO FIRST DUTY STATION OR FROM LAST DUTY STATION TO HOME. HENCE, THE ALLOWANCE IS NOT AUTHORIZED INCIDENT TO YOUR DISCHARGE.