B-112347, FEB 27, 1953

B-112347: Feb 27, 1953

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ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. PROVIDES THAT A MEMBER IS ENTITLED TO MILEAGE TO HIS HOME ON PERMANENT RETIREMENT PROVIDED THAT HE SELECTS HIS HOME AND COMPLETES TRAVEL THERETO WITHIN THE PRESCRIBED TIME LIMIT. " IS RESCINDED AND NO OTHER DIRECTION TO TRAVEL WAS SUBSTITUED THEREFOR. A MEMBER WILL BE PAID AN ALLOWANCE PER MILE COMPUTED ON THE DISTANCE FROM HIS LAST STATION TO HIS HOME. FOR SUCH MILEAGE PURPOSES A MEMBER'S HOME IS THE PLACE. PAYMENT OF SUCH ALLOWANCE IS NOT AUTHORIZED BEFORE THESE CONDITIONS HAVE BEEN MET AND WHILE ORDERS ANNOUNCING A MEMBER'S RETIREMENT PROPERLY MAY DIRECT TRAVEL TO THE MEMBER'S "HOME. " THEY ORDINARILY SHOULD NOT DIRECT TRAVEL TO A PARTICULAR PLACE BECAUSE IT CANNOT BE ASCERTAINED AT THE TIME THE ORDERS ARE WRITTEN WHETHER OR NOT THAT PLACE MAY PROVE TO BE HIS "HOME" UPON RETIREMENT FOR TRAVEL PURPOSES.

B-112347, FEB 27, 1953

PRECIS-UNAVAILABLE

WILLED WILLIAMS:

THERE HAS BEEN CONSIDERED YOUR LETTER OF SEPTEMBER 30, 1952, REQUESTING REVIEW OF GENERAL ACCOUNTING OFFICE SETTLEMENT DATED JUNE 30, 1952, WHICH DISALLOWED YOUR CLAIM FOR A TRAVEL ALLOWANCE FOR TRAVEL PERFORMED BY YOU FROM FORT MYER, VIRGINIA, TO SALEM, OREGON, IN CONNECTION WITH YOUR RETIREMENT AS AN ENLISTED MEMBER OF THE UNITED STATES ARMY ON MARCH 31, 1951.

REGULATIONS GOVERNING THE PAYMENT OF TRAVEL ALLOWANCES TO MILITARY PERSONNEL INCIDENT TO THEIR RETIREMENT FROM THE SERVICE, ISSUED UNDER AUTHORITY OF SECTION 303(A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, AND IN EFFECT DURING THE PERIOD HERE INVOLVED, ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. PARAGRAPH 4150 OF THOSE REGULATIONS PROVIDES FOR THE PAYMENT OF MILEAGE AT THE RATE OF SIX CENTS PER MILE FOR TRAVEL UPON RETIREMENT AND CASE 12 OF PARAGRAPH 4153, PROVIDES THAT A MEMBER IS ENTITLED TO MILEAGE TO HIS HOME ON PERMANENT RETIREMENT PROVIDED THAT HE SELECTS HIS HOME AND COMPLETES TRAVEL THERETO WITHIN THE PRESCRIBED TIME LIMIT. PARAGRAPH 1150 DEFINES THE TERM "HOME" IN CONNECTION WITH RETIREMENT AS THE PLACE WHICH THE INDIVIDUAL SELECTS AS HIS HOME AND TO WHICH HE PERFORMS TRAVEL WITHIN ONE YEAR FROM DATE OF RETIREMENT.

PARAGRAPH 29, SPECIAL ORDERS NO. 71, HEADQUARTERS, FORT MYER, VIRGINIA, DATED MARCH 29, 1951, ANNOUNCING YOUR RETIREMENT EFFECTIVE AT MIDNIGHT, MARCH 31, 1951, SHOWS YOUR HOME ADDRESS TO BE 4604 SOUTH THIRD STREET, ARLINGTON, VIRGINIA, AND STATES "TRAVEL TO: PORTLAND ORE." PARAGRAPH 5, SPECIAL ORDERS NO. 73, OF THE SAME COMMAND, DATED APRIL 2, 1951, PROVIDES THAT SO MUCH OF THE ORDERS OF MARCH 29 AS READS: "TRAVEL TO: PORTLAND ORE," IS RESCINDED AND NO OTHER DIRECTION TO TRAVEL WAS SUBSTITUED THEREFOR. AS INDICATED ABOVE, THE REGULATIONS CONTEMPLATE THAT UPON RETIREMENT, A MEMBER WILL BE PAID AN ALLOWANCE PER MILE COMPUTED ON THE DISTANCE FROM HIS LAST STATION TO HIS HOME. FOR SUCH MILEAGE PURPOSES A MEMBER'S HOME IS THE PLACE, WHICH MAY BE SELECTED BY HIM, TO WHICH HE TRAVELS WITHIN THE SPECIFIED TIME TO MAKE THAT PLACE THIS HOME. PAYMENT OF SUCH ALLOWANCE IS NOT AUTHORIZED BEFORE THESE CONDITIONS HAVE BEEN MET AND WHILE ORDERS ANNOUNCING A MEMBER'S RETIREMENT PROPERLY MAY DIRECT TRAVEL TO THE MEMBER'S "HOME," THEY ORDINARILY SHOULD NOT DIRECT TRAVEL TO A PARTICULAR PLACE BECAUSE IT CANNOT BE ASCERTAINED AT THE TIME THE ORDERS ARE WRITTEN WHETHER OR NOT THAT PLACE MAY PROVE TO BE HIS "HOME" UPON RETIREMENT FOR TRAVEL PURPOSES.

IN YOUR ORIGINAL CLAIM YOU STATED THAT TRAVEL WAS PERFORMED BY YOU FROM FORT MYER TO SALEM, OREGON, DURING THE PERIOD APRIL 1 TO 12, 1951. YOU NOW STATE THAT SUCH TRAVEL WAS PERFORMED DURING THE PERIOD FROM APRIL 28 TO ABOUT MAY 9, 1951, FOR THE PURPOSE OF ARRANGING TO BUY PROPERTY BUT THAT AFTER SPENDING SOME TIME IN SALEM YOU RETURNED TO ARLINGTON TO NEGOTIATE FURTHER FROM THAT PLACE. IT APPEARS THAT YOU ARE AT PRESENT RESIDING IN ARLINGTON AND NOTHING APPEARS IN THE RECORD TO INDICATE THAT AT ANY TIME SUBSEQUENT TO YOUR RETIREMENT YOU ESTABLISHED A HOME AT ANY PLACE OTHER THAN ARLINGTON.

ACCORDINGLY, THE SETTLEMENT OF JUNE 30, 1952, IS SUSTAINED.