B-119661, MAY 2, 1955
Highlights
TRIMBLE: REFERENCE IS MADE TO YOUR LETTERS OF OCTOBER 25 AND DECEMBER 8. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT SINCE THE ORDERS OF JANUARY 10. 1951 - IN WHICH IT WAS STATED THAT YOU HAD SELECTED ATLANTA. AS YOUR FUTURE HOME UPON RETIREMENT - WERE RECEIVED BY YOU AT ATLANTA. THERE WAS NO NECESSITY FOR THE PERFORMANCE OF ANY TRAVEL AND. THERE WAS NO AUTHORITY FOR THE PAYMENT OF THE TRAVEL ALLOWANCE CLAIMED. THE SETTLEMENT WAS REVIEWED AND IN DECISION OF OCTOBER 6. YOU WERE ADVISED AS TO THE LAW AND REGULATIONS APPLICABLE TO YOUR CLAIM AND OF THE REASONS WHY YOU WERE NOT ENTITLED TO THE TRAVEL ALLOWANCE CLAIMED. WHEN PLACED ON DETACHED SERVICE TO AWAIT RETIREMENT WERE TO VISIT SOME FRIENDS AND TO SPEND THE WINTER MONTHS IN THAT CITY.
B-119661, MAY 2, 1955
PRECIS-UNAVAILABLE
MR. LESTER D. TRIMBLE:
REFERENCE IS MADE TO YOUR LETTERS OF OCTOBER 25 AND DECEMBER 8, 1954, AND JANUARY 13, 1955, REQUESTING FURTHER CONSIDERATION OF YOUR CLAIM FOR A TRAVEL ALLOWANCE FOR TRAVEL PERFORMED BY YOU FROM ATLANTA, GEORGIA, TO LEXINGTON, OHIO, INCIDENT TO YOUR RETIREMENT AS AN ENLISTED MEMBER OF THE REGULAR ARMY ON JANUARY 31, 1951.
BY SETTLEMENT DATED FEBRUARY 10, 1954, YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT SINCE THE ORDERS OF JANUARY 10, 1951 - IN WHICH IT WAS STATED THAT YOU HAD SELECTED ATLANTA, GEORGIA, AS YOUR FUTURE HOME UPON RETIREMENT - WERE RECEIVED BY YOU AT ATLANTA, GEORGIA, THERE WAS NO NECESSITY FOR THE PERFORMANCE OF ANY TRAVEL AND, CONSEQUENTLY, THERE WAS NO AUTHORITY FOR THE PAYMENT OF THE TRAVEL ALLOWANCE CLAIMED. UPON YOUR REQUEST OF MARCH 18, 1954, THE SETTLEMENT WAS REVIEWED AND IN DECISION OF OCTOBER 6, 1954, B-119661, YOU WERE ADVISED AS TO THE LAW AND REGULATIONS APPLICABLE TO YOUR CLAIM AND OF THE REASONS WHY YOU WERE NOT ENTITLED TO THE TRAVEL ALLOWANCE CLAIMED, THE RECORD THEN INDICATING THAT YOU SELECTED ATLANTA, GEORGIA, AS YOUR HOME AT THE TIME OF RETIREMENT.
IN YOUR LETTERS REQUESTING FURTHER CONSIDERATION OF THE MATTER YOU CONTEND THAT YOU SELECTED LEXINGTON, OHIO, AND NOT ATLANTA, GEORGIA, AS YOUR HOME UPON RETIREMENT. YOU SAY THAT LEXINGTON, OHIO, HAS BEEN YOUR HOME SINCE YOUR BIRTH AND THAT THE REASONS WHY YOU TRAVELED TO ATLANTA, GEORGIA, WHEN PLACED ON DETACHED SERVICE TO AWAIT RETIREMENT WERE TO VISIT SOME FRIENDS AND TO SPEND THE WINTER MONTHS IN THAT CITY.
WITH YOUR LETTER OF JULY 22, 1954, CONCERNING THE MATTER YOU ENCLOSED A COPY OF A MEMORANDUM ISSUED BY WALTER REED ARMY HOSPITAL, ARMY MEDICAL CENTER, WASHINGTON, D.C., ADVISING YOU THAT YOU WERE PLACED ON A DETACHED SERVICE STATUS, AT ANY ADDRESS YOU DESIRED, AT NO EXPENSE TO THE GOVERNMENT. ALSO, YOU FURNISHED A COPY OF A MEMORANDUM WHICH YOU APPARENTLY RECEIVED WHEN PLACED ON DETACHED SERVICE, ENTITLED "ENTITLEMENT TO TRAVEL PAY FOR RETIREMENT OR DISCHARGES FOR PHYSICAL DISABILITY AR 35- 4820 AND 35-4810." IN THAT MEMORANDUM, WHICH WAS BASED ON THE REGULATIONS INDICATED, IT WAS STATED THAT UPON PERMANENT RETIREMENT, ENLISTED MEN OF THE REGULAR ARMY ARE ENTITLED TO TRAVEL PAY FROM PLACE OF RECEIPT OF ORDERS TO HOME SELECTED BY INDIVIDUAL AT THE TIME OF RETIREMENT BUT THAT "IN NO CASE WILL TRAVEL PAY EXCEED THE DISTANCE FROM THE LAST STATION (HOSPITAL) TO THE PLACE TO WHICH ENTITLED TO TRAVEL PAY." SINCE IT APPEARS THAT YOU TRAVELED TO ATLANTA, GEORGIA, WHILE ON A DETACHED SERVICE STATUS, AND THAT YOU TRAVELED TO LEXINGTON, OHIO, A FEW MONTHS AFTER RETIREMENT, WHERE YOU HAVE CONTINUED TO RESIDE, THE PRESENT RECORD MAY NOW BE ACCEPTED AS ESTABLISHING THAT YOU SELECTED LEXINGTON, OHIO, AS YOUR HOME IN CONNECTION WITH YOUR RETIREMENT. HENCE, YOU ARE ENTITLED TO A TRAVEL ALLOWANCE FOR THE TRAVEL PERFORMED, NOT TO EXCEED THE DISTANCE FROM WASHINGTON, D.C., YOUR LAST PERMANENT DUTY STATION, TO LEXINGTON, OHIO, YOUR SELECTED HOME. A SETTLEMENT WILL BE ISSUED IN DUE COURSE ON THAT BASIS.