B-118047, APR 23, 1954

B-118047: Apr 23, 1954

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BUSH: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 17. YOU WERE PLACED ON THE RETIRED LIST AS CHIEF WARRANT OFFICER. 1952 - A FACT CONFIRMED BY THE RECORD WHICH SHOWS THAT AFTER THAT DATE YOUR RETIREMENT CHECKS NO LONGER WERE MAILED TO YOUR RESIDENCE IN ATLANTA. IS NOT SUFFICIENT TO ESTABLISH THAT PLACE AS YOUR HOME FOLLOWING YOUR RETIREMENT. IT BEING SHOWN THAT YOU RESIDED IN CALIFORNIA FOR A PERIOD OF LESS THAN FOUR MONTHS AND HAVE SINCE ESTABLISHED A HOME ELSEWHERE. IS SUSTAINED.

B-118047, APR 23, 1954

PRECIS-UNAVAILABLE

MR. JOHN H. BUSH:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 17, 1953, REQUESTING REVIEW OF SETTLEMENT DATED JULY 20, 1953, WHICH DISALLOWED YOUR CLAIM FOR MILEAGE FOR YOUR TRAVEL AND REIMBURSEMENT FOR THE TRAVEL OF YOUR DEPENDENT FROM ATLANTA, GEORGIA, TO SAN FRANCISCO, CALIFORNIA, DURING THE PERIOD SEPTEMBER 22 TO OCTOBER 1, 1952, INCIDENT TO YOUR RETIREMENT AS CHIEF WARRANT OFFICER, UNITED STATES ARMY.

BY ORDERS DATED JANUARY 31, 1945, YOU WERE PLACED ON THE RETIRED LIST AS CHIEF WARRANT OFFICER, UNITED STATES ARMY AT ATLANTA, GEORGIA, EFFECTIVE JANUARY 31, 1945. YOU STATE THAT YOU SOLD YOUR PROPERTY IN ATLANTA AND LEFT THAT CITY ON JUNE 5, 1952 - A FACT CONFIRMED BY THE RECORD WHICH SHOWS THAT AFTER THAT DATE YOUR RETIREMENT CHECKS NO LONGER WERE MAILED TO YOUR RESIDENCE IN ATLANTA, BUT TO THE FIRST NATIONAL BANK THERE - AND AFTER VISITING FLORIDA, NEW YORK AND OHIO YOU AND YOUR WIFE TRAVELED TO SAN FRANCISCO, CALIFORNIA; THAT YOU AND YOUR WIFE RESIDED IN CALIFORNIA LESS THAN FOUR MONTHS OR UNTIL DECEMBER 1952, WHEN YOU RETURNED TO ATLANTA; AND THAT IN FEBRUARY 1953 AGAIN EN ROUTE TO CALIFORNIA, YOU TRAVELED TO ST. PETERSBURG, FLORIDA, WHERE YOU REMAINED AND PRESENTLY RESIDE.

THE FACT THAT YOU AND YOUR WIFE TRAVELED FROM ATLANTA, GEORGIA, TO SAN FRANCISCO, CALIFORNIA, IN SEPTEMBER 1952, IS NOT SUFFICIENT TO ESTABLISH THAT PLACE AS YOUR HOME FOLLOWING YOUR RETIREMENT, IT BEING SHOWN THAT YOU RESIDED IN CALIFORNIA FOR A PERIOD OF LESS THAN FOUR MONTHS AND HAVE SINCE ESTABLISHED A HOME ELSEWHERE. HENCE, IT MAY NOT BE CONCLUDED THAT YOU ESTABLISHED A HOME IN CALIFORNIA WITHIN THE MEANING OF THE REGULATION ENTITLING RETIRED MEMBERS OF THE REGULAR ARMY TO MILEAGE FOR THEMSELVES AND THEIR DEPENDENTS TO A PLACE WHICH THEY SELECT AS HOME AND TO WHICH THEY PERFORM TRAVEL FOLLOWING RETIREMENT.

ACCORDINGLY, THE SETTLEMENT OF JULY 20, 1953, IS SUSTAINED.