B-119372, SEPTEMBER 21, 1954, 34 COMP. GEN. 130

B-119372: Sep 21, 1954

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IS NOT ENTITLED UNDER PARAGRAPHS 1150-3 AND 7002-1B OF THE JOINT TRAVEL REGULATIONS TO REIMBURSEMENT FOR HIS TRAVELING EXPENSES OR FOR THE TRANSPORTATION OF WIFE. 1954: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 8. WHICHEVER IS LATER. THE ADJUTANT GENERAL WILL FURNISH INSTRUCTIONS CONCERNING OTHER REQUIREMENTS SUCH AS PASSPORTS. 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. CERTIFYING THEREON THAT SUCH PLACE IS HIS HOME. PREVIOUSLY OBTAINS AUTHORITY OF THE THEATER COMMANDER IN WRITING IN EVENT RESIDENCE IS NOT WITHIN A TERRITORY OF THE UNITED STATES. 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.

B-119372, SEPTEMBER 21, 1954, 34 COMP. GEN. 130

TRANSPORTATION - DEPENDENTS - RETIRED REGULAR MILITARY, NAVAL, ETC., PERSONNEL - LAST DUTY STATION TO HOME OVERSEAS - AVAILABILITY OF GOVERNMENT TRANSPORTATION RETIRED REGULAR ARMY OFFICER WHO SELECTED FOREIGN CITY AS HOME WITHOUT REQUESTING PERMISSION TO RESIDE IN A FOREIGN COUNTRY AS REQUIRED BY ARMY REGULATIONS, AND WHO WITH WIFE TRAVELED TO SUCH OVERSEAS HOME BY COMMERCIAL MEANS AFTER PERSONAL REASONS MADE IT NECESSARY TO DECLINE USE OF AVAILABLE GOVERNMENT TRANSPORTATION, IS NOT ENTITLED UNDER PARAGRAPHS 1150-3 AND 7002-1B OF THE JOINT TRAVEL REGULATIONS TO REIMBURSEMENT FOR HIS TRAVELING EXPENSES OR FOR THE TRANSPORTATION OF WIFE.

ACTING COMPTROLLER GENERAL WEITZEL TO COLONEL S. E. NORTNER, SEPTEMBER 21, 1954:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 8, 1954, REQUESTING REVIEW OF SETTLEMENT DATED JANUARY 14, 1954, WHICH DISALLOWED YOUR CLAIM FOR TRAVEL PAY FOR YOURSELF AND REIMBURSEMENT OF EXPENSES FOR TRANSPORTATION OF YOUR WIFE FROM NEW ORLEANS, LOUISIANA, TO GENOA, ITALY, DURING THE PERIOD APRIL 10 TO 26, 1953, INCIDENT TO SPECIAL ORDERS NO. 70, DEPARTMENT OF THE ARMY, WASHINGTON, D.C., DATED APRIL 9, 1951, DIRECTING YOUR RETIREMENT EFFECTIVE APRIL 30, 1951. THERE HAS BEEN RECEIVED, ALSO, YOUR LETTER OF AUGUST 1, 1954, RELATIVE TO THE MATTER.

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 REGULATION 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 33 (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 ADJUTANT 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 EXECUTES 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.

IN YOUR LETTER OF JUNE 23, 1953, TO THE FINANCE OFFICER, U.S. ARMY, IT IS STATED THAT IN 1951 YOU DECLINED AN OFFER OF SPACE ON A GOVERNMENT TRANSPORT SAILING TO EUROPE BECAUSE OF ILLNESS IN YOUR FAMILY; THAT IN 1953 YOU AGAIN APPLIED FOR SPACE ON A GOVERNMENT TRANSPORT AND THAT YOU WERE OFFERED SPACE ON A GOVERNMENT TRANSPORT SAILING ON FEBRUARY 22, 1953, BUT THAT YOU HAD TO DECLINE SUCH OFFER OF SPACE BECAUSE IT WAS IMPOSSIBLE FOR YOU TO GET TO THE PORT IN THE SHORT TIME AVAILABLE TO YOU FOR THAT PURPOSE; THAT THEREAFTER YOU INQUIRED ON DIFFERENT OCCASIONS AS THE THE SPACE AVAILABLE ON GOVERNMENT TRANSPORTS AND WERE ADVISED THAT THERE WAS NONE AVAILABLE; AND THAT BECAUSE YOU WERE REQUIRED UNDER YOUR ORDERS TO PERFORM THE TRAVEL TO YOUR SELECTED HOME ON OR BEFORE APRIL 27, 1953, YOU DECIDED TO TRAVEL BY COMMERCIAL VESSEL AND TO SEEK REIMBURSEMENT.

IT DOES NOT APPEAR THAT YOU EVER MADE A REQUEST FOR PERMISSION OF THE DEPARTMENT OF THE ARMY TO RESIDE IN A FOREIGN COUNTY AS REQUIRED BY PARAGRAPHS 36 AND 37 OF ARMY REGULATIONS 605-245. IT IS REPORTED BY THE OFFICE OF THE CHIEF OF TRANSPORTATION, DEPARTMENT OF THE ARMY, THAT HAD YOU REQUESTED PERMISSION TO RESIDE IN A FOREIGN COUNTRY, SPACE ON A GOVERNMENT TRANSPORT WOULD HAVE BEEN AVAILABLE TO YOU ON A SPACE REQUIRED BASIS AND NOT ON A SPACE AVAILABLE BASIS AND THAT YOU WOULD HAVE BEEN GIVEN 24 TO 30 DAYS' ADVANCE NOTICE OF THE SAILING DATE OF THE VESSEL. PARAGRAPH 7002-1B OF THE JOINT TRAVEL REGULATIONS, INSOFAR AS HERE PERTINENT, PROVIDES THAT TRANSPORTATION FOR DEPENDENTS TO OR FROM OVERSEAS STATIONS SHALL NOT BE OTHER THAN BY GOVERNMENT VESSEL, IF AVAILABLE. THE RECORD INDICATES THAT YOU AND YOUR WIFE WERE OFFERED TRANSPORTATION TO EUROPE ON A GOVERNMENT VESSEL ON TWO DIFFERENT OCCASIONS AND THAT YOU VOLUNTARILY RELINQUISHED THE TRANSPORTATION WHICH WOULD HAVE BEEN FURNISHED. THE FACT THAT FOR PERSONAL REASONS YOU FOUND IT NECESSARY TO DECLINE SUCH OFFERS OF SPACE ON A GOVERNMENT VESSEL AFFORDS NO LEGAL BASIS FOR REIMBURSEMENT FOR YOUR TRAVEL AND THE TRAVEL OF YOUR WIFE ON A COMMERCIAL VESSEL.

ACCORDINGLY, ON THE PRESENT RECORD, THE SETTLEMENT OF JANUARY 14, 1954, DISALLOWING YOUR CLAIM, MUST BE SUSTAINED.