B-126155, FEB. 3, 1956

B-126155, FEB. 3, 1956

TO COLONEL GEORGE S. WEAR, USA, RETIRED:

YOUR LETTER OF NOVEMBER 2, 1955, REQUESTS REVIEW OF THE ACTION TAKEN BY OUR OFFICE ON THE VOUCHER ISSUED IN SETTLEMENT OF YOUR CLAIM FOR REIMBURSEMENT OF THE EXPENSES FOR THE TRANSPORTATION OF YOU AND YOUR WIFE FROM JACKSON, MISSISSIPPI, TO MONTE ESTORIL, PORTUGAL, DURING THE PERIOD JULY 31, 1953, THROUGH MARCH 25, 1954. YOUR LETTER OF JANUARY 11, 1956, CONCERNING THE MATTER HAS ALSO BEEN RECEIVED.

YOU WERE ALLOWED MILEAGE IN THE SUM OF $23.72 FOR TRAVEL FROM JACKSON, MISSISSIPPI, TO NEW ORLEANS, LOUISIANA. YOUR CLAIM FOR WATER TRANSPORTATION FROM NEW ORLEANS, LOUISIANA, TO PORTUGAL, WAS DISALLOWED FOR THE REASON THAT YOU DID NOT MAKE APPLICATION FOR SUCH TRANSPORTATION NOR REQUEST PERMISSION TO RESIDE IN PORTUGAL UNTIL AFTER THE TRAVEL WAS PERFORMED.

SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 814, PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED TO RECEIVE TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED FROM THE LAST STATION TO HOME UNDER COMPETENT ORDERS UPON RETIREMENT. PARAGRAPH 1150-3 OF THE JOINT TRAVEL REGULATIONS, PROVIDES THAT IN CONNECTION WITH RETIREMENT OF MEMBERS OF THE REGULAR SERVICES THE TERM "HOME" MEANS THE PLACE WHICH THE INDIVIDUAL SELECTS AND PERFORMS TRAVEL TO WITHIN ONE YEAR FROM THE DATE OF RETIREMENT OR ONE YEAR FROM APRIL 28, 1952, WHICHEVER IS LATER.

PARAGRAPH 36 (A) AND 37 OF ARMY REGULATIONS 605-245, DATED MAY 19, 1949, PROVIDE AS FOLLOWS:

"36A. A RETIRED OFFICER MAY BE AUTHORIZED TO RESIDE IN A FOREIGN COUNTRY. TO DO SO, HE MUST OBTAIN PERMISSION FROM THE DEPARTMENT OF THE ARMY. THE ADJUSTANT GENERAL WILL FURNISH INSTRUCTIONS CONCERNING OTHER REQUIREMENTS SUCH AS PASSPORTS, VISAS, ETC. THE OFFICER WILL COMPLY WITH THE LAWS OF THE COUNTRY IN WHICH HE IS AUTHORIZED TO RESIDE.

"37 AN OFFICER OF THE REGULAR ARMY IS PRESUMED TO HAVE NO ESTABLISHED HOME. HE MAY SELECT AND PROCEED TO A HOME AT GOVERNMENT EXPENSE, SO FAR AS AUTHORIZED, AT ANY PLACE IN THE WORLD AT WHICH HE DESIRES AND INTENDS TO ESTABLISH A BONA FIDE HOME AT ANY TIME WITHIN 1 YEAR AFTER RETIREMENT OR 1 YEAR AFTER THE OFFICIAL TERMINATION OF WORLD WAR II, PROVIDED HE---

"A. ACTUALLY PROCEEDS THERETO AND ESTABLISHES HIS HOME;

"B. SUBMITS, THEREAFTER, A MILEAGE VOUCHER FOR LAND TRAVEL, CERTIFYING THEREON THAT SUCH PLACE IS HIS HOME, OR PREVIOUSLY EXECUTED SUCH CERTIFICATE FOR SHIPMENT OF HIS HOUSEHOLD GOODS;

"C. PREVIOUSLY OBTAINS AUTHORITY OF THE THEATER COMMANDER IN WRITING IN EVENT RESIDENCE IS NOT WITHIN A TERRITORY OF THE UNITED STATES;

"D. PREVIOUSLY OBTAINS A PASSPORT OR STATEMENT THAT PASSPORT WILL BE ISSUED FROM THE DEPARTMENT OF STATE IF REQUIRED FOR RESIDENCE AT THE PLACE WHERE RETIREMENT IS REQUESTED.

"E. PREVIOUSLY OBTAINS DEPARTMENT APPROVAL IN EVENT RESIDENCE IS BEYOND THE CONTINENTAL LIMITS OF THE UNITED STATES.'

PARAGRAPH 4157-6A OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT TRANSPORTATION TO POINTS OVERSEAS UPON RETIREMENT WILL BE COMPUTED AS FOLLOWS:

"TRAVEL TO BE PERFORMED. DISTANCE WILL BE COMPUTED FROM THE PLACE OF SEPARATION TO THE PORT OF EMBARKATION FROM WHICH WATER OR AIR TRANSPORTATION WILL BE FURNISHED INCIDENT TO TRAVEL OVERSEAS.'

PARAGRAPH 7002-1B, INSOFAR AS HERE PERTINENT, PROVIDES THAT TRANSPORTATION FOR DEPENDENTS TO OR FROM OVERSEAS WILL NOT BE OTHER THAN BY GOVERNMENT VESSEL, IF AVAILABLE.

YOU DID NOT MAKE A REQUEST FOR PERMISSION FROM THE DEPARTMENT OF THE ARMY TO RESIDE IN A FOREIGN COUNTRY AS REQUIRED BY PARAGRAPHS 36 AND 37 OF ARMY REGULATIONS 605-247 UNTIL AFTER YOUR ARRIVAL IN PORTUGAL. ALSO, NO REQUEST WAS MADE FOR GOVERNMENT TRANSPORTATION FOR THE WATER TRAVEL INVOLVED. IN YOUR LETTER OF SEPTEMBER 15, 1954, TO THE DISBURSING OFFICER, WASHINGTON FINANCE OFFICE, U.S. ARMY, IT IS STATED THAT YOU DID NOT APPLY, THROUGH THE CHIEF OF TRANSPORTATION, FOR GOVERNMENT WATER TRANSPORTATION FOR THE REASON THAT YOU DID NOT KNOW WHERE YOU WERE GOING TO ESTABLISH YOUR RESIDENCE. HAD YOU REQUESTED PERMISSION TO RESIDE IN A FOREIGN COUNTRY, GOVERNMENT TRANSPORTATION TO THE EXTENT AVAILABLE FOR THE WATER TRAVEL WOULD HAVE BEEN FURNISHED TO YOU AND YOUR DEPENDENT ON A SPACE REQUIRED BASIS. SUCH TRANSPORTATION IS AVAILABLE FOR THE PURPOSE OF TRAVELING TO A SELECTED HOME. IF, FOR PERSONAL REASONS, THE OFFICER PERFORMS WATER TRAVEL ON COMMERCIAL SHIPS UNTIL HE FINDS A PLACE THAT HE DESIRES TO SELECT AS HIS HOME, HE MAY NOT OBTAIN REIMBURSEMENT OF THE COMMERCIAL COST OF TRAVEL TO SUCH POINT.

THERE APPEARS TO BE NO LEGAL BASIS FOR REIMBURSEMENT FOR THE TRAVEL OF YOURSELF AND YOUR WIFE ON THE COMMERCIAL VESSEL, AND, THEREFORE, THE DISALLOWANCE OF YOUR CLAIM WAS PROPER AND IS SUSTAINED.