B-124693, JUN. 8, 1961

B-124693, JUN. 8, 1961

TO MR. STANLEY MADISON:

YOUR LETTER OF APRIL 19, 1961, IN EFFECT REQUESTS REVIEW OF THAT PART OF THE SETTLEMENT OF MARCH 28, 1961, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS FROM NEW YORK, NEW YORK, TO BROCKTON, MASSACHUSETTS, UPON YOUR RETIREMENT AS CAPTAIN, USAR.

YOUR RETIREMENT WAS EFFECTED AT FORT HAMILTON, NEW YORK, BY PARAGRAPH 60, SPECIAL ORDERS NO. 129, DATED JUNE 21, 1960, YOU HAVING PREVIOUSLY BEEN RETURNED TO THE UNITED STATES FOR THAT PURPOSE BY LETTER ORDER 6 4 DATED JUNE 13, 1960, WHICH ALSO AUTHORIZED TRAVEL FOR YOUR DEPENDENTS FROM YOUR OVERSEAS STATION TO FORT HAMILTON. IN EXECUTING YOUR CLAIM FOR TRAVEL FROM FORT HAMILTON TO HOME OF SELECTION INCIDENT TO RETIREMENT YOU CERTIFIED THAT YOU TRAVELED TO PLYMOUTH, MASSACHUSETTS, WHICH YOU SAID WAS YOUR HOME OF SELECTION, AND THAT YOUR DEPENDENTS TRAVELED TO BROCKTON, MASSACHUSETTS, WHICH YOU SAID WAS THEIR HOME OF SELECTION. BY THE SETTLEMENT OF MARCH 28, 1961, YOU WERE ALLOWED $15.96 AS MILEAGE FOR YOUR TRAVEL FROM NEW YORK, NEW YORK, TO PLYMOUTH, MASSACHUSETTS, AND ADVISED THAT NO REIMBURSEMENT IS AUTHORIZED FOR TRAVEL OF YOUR DEPENDENTS SINCE THEY DID NOT COMPLETE TRAVEL TO PLYMOUTH, MASSACHUSETTS, YOUR HOME OF SELECTION UPON RETIREMENT. IN YOUR PRESENT LETTER, WITH WHICH YOU RETURNED THE CHECK ISSUED PURSUANT TO THE SETTLEMENT, YOU SAY THAT REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS TO PLYMOUTH SHOULD HAVE BEEN INCLUDED OR THAT YOU SHOULD HAVE BEEN PAID FOR TRAVEL OF SELF AND DEPENDENTS TO BROCKTON.

SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253, AND REGULATIONS PRESCRIBED UNDER THAT SECTION BY THE SECRETARIES CONCERNED AUTHORIZE TRAVEL AND TRANSPORTATION ALLOWANCES FOR RETIRED MEMBERS AND THEIR DEPENDENTS FROM LAST DUTY STATION TO HOME AND PROVIDES THAT SUCH RETIRED MEMBER MAY SELECT HIS HOME FOR THE PURPOSE OF THOSE ALLOWANCES. THE JOINT TRAVEL REGULATIONS PROVIDE (PARAGRAPH 4158-1A) THAT A MEMBER ON ACTIVE DUTY WHO IS RETIRED WITH PAY MAY SELECT HIS HOME AND RECEIVE TRAVEL ALLOWANCES TO THAT PLACE FROM HIS LAST DUTY STATION, PROVIDED THAT TRAVEL IS COMPLETED WITHIN ONE YEAR AFTER TERMINATION OF ACTIVE DUTY. IT IS FURTHER PROVIDED THAT ONCE A HOME IS SELECTED AND TRAVEL ALLOWANCE RECEIVED FOR TRAVEL OR TRANSPORTATION TO SUCH HOME, SUCH SELECTION IS IRREVOCABLE. THOSE REGULATIONS (PARAGRAPH 1150-3B) DEFINE THE TERM "HOME OF SELECTION" AS THE PLACE SELECTED BY A MEMBER AS HIS HOME UPON RETIREMENT UNDER THE CONDITIONS OUTLINED IN PARAGRAPH 4158-1A. PARAGRAPH 7012-1A OF THE SAME REGULATIONS PROVIDES THAT MEMBERS ARE ENTITLED TO TRANSPORTATION FOR DEPENDENTS FROM LAST STATION TO THE HOME SELECTED BY THE MEMBER UPON RETIREMENT. SUCH TRAVEL MUST BE PERFORMED WITHIN ONE YEAR AFTER TERMINATION OF ACTIVE DUTY AND FOR THE PURPOSE OF ESTABLISHING RESIDENCE. THUS, THERE IS NO PROVISION FOR THE DEPENDENTS SELECTING A HOME OTHER THAN THAT SELECTED BY THE MEMBER AND PERFORMING TRAVEL THERETO AT PUBLIC EXPENSE.

SINCE YOUR DEPENDENTS DID NOT TRAVEL TO THE HOME SELECTED BY YOU UPON RETIREMENT (PLYMOUTH, MASSACHUSETTS) AS SHOWN BY THE RECORD, THERE IS NO AUTHORITY FOR PAYMENT OF YOUR CLAIM FOR THEIR TRAVEL FROM NEW YORK, NEW YORK, TO BROCKTON, MASSACHUSETTS. MOREOVER, SINCE YOU COMPLETED TRAVEL TO PLYMOUTH--- YOUR HOME OF SELECTION--- AND SINCE PAYMENT FOR SUCH TRAVEL WAS AUTHORIZED IN YOUR FAVOR, THERE IS NO AUTHORITY WHICH WOULD PERMIT YOU TO REVOKE SUCH SELECTION AND NOW SELECT BROCKTON AS YOUR HOME UPON RETIREMENT FOR TRAVEL ALLOWANCE PURPOSES FOR BOTH YOU AND YOUR DEPENDENTS. THE PRESENT RECORD DOES NOT SUPPORT THE CONCLUSION THAT YOU ACTUALLY TRAVELED TO BROCKTON AND THAT SUCH TRAVEL WAS FOR THE PURPOSE OF ESTABLISHING A BONA FIDE RESIDENCE AT THAT PLACE. 33 COMP. GEN. 431. ACCORDINGLY, THE SETTLEMENT OF MARCH 28, 1961, IS SUSTAINED.