B-118970, MAR 23, 1954

B-118970: Mar 23, 1954

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RETIRED: REFERENCE IS MADE TO YOUR FIRST INDORSEMENT OF JANUARY 15. YOU WERE RETIRED ON APRIL 30. YOUR CLAIM RELATING TO SUCH TRAVEL WAS DISALLOWED FOR THE REASON THAT THE RECORD SHOWS THAT SINCE THE DATE OF RETIREMENT YOUR RETIREMENT CHECKS HAVE BEEN MAILED TO YOU C/O RIGGS NATIONAL BANK. THAT YOU HAVE ESTABLISHED A RESIDENCE AT 1528 MT. WHICHEVER IS LATER. 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.

B-118970, MAR 23, 1954

PRECIS-UNAVAILABLE

COLONEL CLYDE A. SALLECK, RETIRED:

REFERENCE IS MADE TO YOUR FIRST INDORSEMENT OF JANUARY 15, 1954, REQUESTING REVIEW OF THE SETTLEMENT OF DECEMBER 15, 1953, WHICH DISALLOWED YOUR CLAIM FOR MILEAGE FOR YOUR TRAVEL AND REIMBURSEMENT FOR YOUR WIFE'S TRAVEL FROM WASHINGTON, D.C., TO LAKE WALES, FLORIDA, MARCH 6 TO 12, 1953.

YOU WERE RETIRED ON APRIL 30, 1947, BY REASON OF DISABILITY, AND YOU AND YOUR WIFE TRAVELED FROM YOUR LAST STATION, WASHINGTON, D.C. TO LAKE WALES, FLORIDA, MARCH 6 TO 12, 1953, AT PERSONAL EXPENSE. YOUR CLAIM RELATING TO SUCH TRAVEL WAS DISALLOWED FOR THE REASON THAT THE RECORD SHOWS THAT SINCE THE DATE OF RETIREMENT YOUR RETIREMENT CHECKS HAVE BEEN MAILED TO YOU C/O RIGGS NATIONAL BANK, WASHINGTON, D.C., AND THAT YOU HAVE ESTABLISHED A RESIDENCE AT 1528 MT. EAGLE PLACE, ALEXANDRIA, VIRGINIA. YOU STATE THAT YOU SELECTED FLORIDA AS YOUR HOME UPON RETIREMENT; THAT YOU AND YOUR WIFE TRAVELED TO LAKE WALES IN GOOD FAITH IN ANTICIPATION OF ESTABLISHING YOUR HOME THERE, BUT THAT FOR SEVERAL REASONS YOU DECIDED AGAINST A PERMANENT MOVE AND RETURNED TO ALEXANDRIA.

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 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 OR FROM THE TERMINATION OF THE WAR (APRIL 28, 1952), WHICHEVER IS LATER. HOWEVER, 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 HAS BEEN PERFORMED, NO RIGHT TO SUCH TRANSPORTATION ALLOWANCES ACCRUES. WHILE IT MAY BE THAT YOU INTENDED TO RESIDE IN LAKE WALES UPON RETIREMENT, IT SEEMS CLEAR THAT YOU DID NOT ESTABLISH A RESIDENCE THERE SUBSEQUENT TO YOUR RETIREMENT. FOR THAT REASON, PAYMENT OF MILEAGE FOR YOUR TRAVEL AND REIMBURSEMENT FOR YOUR WIFE'S TRAVEL TO THAT CITY IS NOT AUTHORIZED.

ACCORDINGLY, THE SETTLEMENT OF DECEMBER 15, 1953, MUST BE SUSTAINED.