B-117024, JAN 19, 1954

B-117024: Jan 19, 1954

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ROBINSON: REFERENCE IS MADE TO YOUR UNDATED LETTER RECEIVED SEPTEMBER 10. COLONEL ROBINSON WAS RELEASED FROM ASSIGNMENT TO MEDICAL HOLDING DETACHMENT. IT IS STATED THAT COLONEL ROBINSON SELECTED PENSACOLA. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT IT WAS NOT CONSIDERED ESTABLISHED THAT PENSACOLA ACTUALLY WAS THE OFFICER'S HOME WITHIN THE MEANING OF THE PROVISIONS PERMITTING TRAVEL AT GOVERNMENT EXPENSE TO A SELECTED HOME. THAT IT WAS NECESSARY FOR HIM TO RETURN TO THE HOSPITAL SUBSEQUENT TO HIS RETURN TO FALLS CHURCH. YOU STATE THAT IT WAS HIS INTENTION TO ESTABLISH A HOME IN PENSACOLA. THAT HIS WILL WAS PROBATED IN FLORIDA AS WELL AS IN VIRGINIA. YOU HAVE FURNISHED A CANCELLED CHECK IN FAVOR OF THE PENSACOLA NEWS JOURNAL COMPANY.

B-117024, JAN 19, 1954

PRECIS-UNAVAILABLE

MRS. HELEN R. ROBINSON:

REFERENCE IS MADE TO YOUR UNDATED LETTER RECEIVED SEPTEMBER 10, 1953, REQUESTING REVIEW OF THE SETTLEMENT OF JANUARY 29, 1953, WHICH DISALLOWED YOUR CLAIM AS WIDOW OF HENRY WILLIAM ROBINSON, FOR MILEAGE FOR HIS TRAVEL AND REIMBURSEMENT FOR YOUR TRAVEL FROM WASHINGTON, D. C., TO PENSACOLA, FLORIDA, FOLLOWING HIS RETIREMENT AS COLONEL, INFANTRY.

BY ORDERS DATED JANUARY 23, 1951, COLONEL ROBINSON WAS RELEASED FROM ASSIGNMENT TO MEDICAL HOLDING DETACHMENT, WALTER REED ARMY HOSPITAL, WASHINGTON, D. C., AND RETIRED FROM ACTIVE SERVICE EFFECTIVE JANUARY 31, 1951. IT IS STATED THAT COLONEL ROBINSON SELECTED PENSACOLA, FLORIDA, AS HIS HOME UPON RETIREMENT AND TRAVELED THERE WITH YOU FROM WASHINGTON, D. C., APRIL 1 TO 3, 1952. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT IT WAS NOT CONSIDERED ESTABLISHED THAT PENSACOLA ACTUALLY WAS THE OFFICER'S HOME WITHIN THE MEANING OF THE PROVISIONS PERMITTING TRAVEL AT GOVERNMENT EXPENSE TO A SELECTED HOME. IN YOUR PRESENT LETTER YOU INDICATE THAT YOUR LATE HUSBAND CONTINUED TO RECEIVE TREATMENT AT WALTER REED ARMY HOSPITAL SUBSEQUENT TO HIS RETIREMENT; THAT HE TRAVELED TO PENSACOLA IN APRIL 1952, RETURNING TO YOUR ADDRESS IN FALLS CHURCH, SHORTLY THEREAFTER; AND THAT IT WAS NECESSARY FOR HIM TO RETURN TO THE HOSPITAL SUBSEQUENT TO HIS RETURN TO FALLS CHURCH. YOU STATE THAT IT WAS HIS INTENTION TO ESTABLISH A HOME IN PENSACOLA; THAT HE PURCHASED ACREAGE THERE AND OPENED NEGOTIATIONS TO BUILD A HOME, AND THAT HIS WILL WAS PROBATED IN FLORIDA AS WELL AS IN VIRGINIA. YOU HAVE FURNISHED A CANCELLED CHECK IN FAVOR OF THE PENSACOLA NEWS JOURNAL COMPANY, COVERING PAYMENT FOR LEGAL NOTICES, AND LETTERS FROM TWO NEIGHBORS IN FALLS CHURCH STATING THAT THEY KNEW YOU AND YOUR LATE HUSBAND TRAVELED TO PENSACOLA AND PLANNED TO BUILD A HOME ON THE PROPERTY PURCHASED THERE.

SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 814, AND JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT THERETO PROVIDE FOR TRAVEL ALLOWANCES FOR MEMBERS AND THEIR DEPENDENTS UPON PERMANENT CHANGE OF STATION INCLUDING FROM LAST STATION TO HOME UPON RETIREMENT. THE SAID REGULATIONS FURTHER PROVIDE (PARAGRAPH 1150) THAT THE TERM "HOME" IN CONNECTION WITH RETIREMENT MEANS THE PLACE WHICH THE MEMBER SELECTS AS HIS HOME AND TO WHICH HE PERFORMS TRAVEL WITHIN ONE YEAR FROM THE DATE OF HIS RETIREMENT. THE SELECTION OF A HOME WITHIN THE MEANING OF THOSE PROVISIONS IS NOT ACCOMPLISHED MERELY BY AN INTENT THAT A CERTAIN PLACE SHALL BECOME THE MEMBER'S HOME UPON RETIREMENT AND A BRIEF VISIT TO THAT PLACE.

THE PURPOSE OF THE REGULATIONS IS TO AUTHORIZE TRANSPORTATION EXPENSES FOR AN OFFICER AND HIS DEPENDENTS TO THE PLACE WHERE HE GOES TO RESIDE AND UNTIL A PLACE HAS BEEN SELECTED AND TRAVEL TO IT FOR THAT PURPOSE IS PERFORMED, NO RIGHT TO SUCH TRANSPORTATION EXPENSES ACCRUES. WHILE IT APPEARS THAT COLONEL ROBINSON INTENDED TO RESIDE IN PENSACOLA AFTER RETIREMENT, THERE IS NO EVIDENCE THAT HE ACTUALLY ESTABLISHED A RESIDENCE AT THAT PLACE SUBSEQUENT TO RETIREMENT. ACCORDINGLY, PAYMENT OF MILEAGE FOR HIS TRAVEL OR REIMBURSEMENT FOR YOUR TRAVEL TO THAT CITY IS NOT AUTHORIZED. FOR THAT REASON THE SETTLEMENT OF JANUARY 29, 1953, MUST BE SUSTAINED.