B-129240, OCT. 10, 1956

B-129240: Oct 10, 1956

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

YOU WERE RELEASED FROM ALL ACTIVE DUTY. YOUR HOME OF RECORD WAS OCEAN GROVE. WAS MADE IN APRIL 1956. YOUR CLAIM FOR REIMBURSEMENT WAS DISALLOWED UNDER THE PROVISIONS OF THE JOINT TRAVEL REGULATIONS. DRY CLIMATE IS MORE BENEFICIAL TO YOUR PHYSICAL CONDITION AND YOU REQUEST THAT YOUR CASE BE RECONSIDERED. THE TRANSPORTATION OF HOUSEHOLD EFFECTS OF MEMBERS OF THE UNIFORMED SERVICES IS GOVERNED BY JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949. WITH RESPECT TO MEMBERS WHO WERE PLACED ON THE TEMPORARY DISABILITY RETIRED LIST DURING THE PERIOD APRIL 1. THE REGULATIONS PROVIDE ALSO THAT SHIPMENT "TO THE HOME OF SELECTION" MUST HAVE BEEN EFFECTED PRIOR TO AUGUST 11.

B-129240, OCT. 10, 1956

TO BRIGADIER GENERAL JOHN S. E. YOUNG, USMC, RETIRED:

YOUR LETTER OF AUGUST 24, 1956, REQUESTS REVIEW OF THE SETTLEMENT OF AUGUST 3, 1956, WHICH DISALLOWED YOUR CLAIM FOR $339.24, REPRESENTING THE COST OF SHIPPING 1,660 POUNDS OF HOUSEHOLD EFFECTS FROM RALEIGH, NORTH CAROLINA, TO DESERT HOT SPRINGS, CALIFORNIA.

BY ORDERS DATED FEBRUARY 3, 1953, UPON DISCHARGE FROM TREATMENT AT U.S. NAVAL HOSPITAL, BETHESDA, MARYLAND, YOU WERE RELEASED FROM ALL ACTIVE DUTY, DIRECTED TO PROCEED TO YOUR HOME, AND PLACED ON THE TEMPORARY DISABILITY RETIRED LIST OF THE MARINE CORPS EFFECTIVE MARCH 1, 1953. YOUR HOME OF RECORD WAS OCEAN GROVE, NEW JERSEY. HOWEVER, YOU SELECTED CORONA DEL MAR, CALIFORNIA, AS YOUR HOME UPON RETIREMENT AND RECEIVED ALLOWANCES FOR TRAVEL FOR YOURSELF AND DEPENDENTS TO THAT CITY IN APRIL 1953, AND FOR TRANSPORTATION OF 7,880 POUNDS OF HOUSEHOLD EFFECTS TO THE SAME PLACE IN MAY 1953. THE PRESENT SHIPMENT, FROM RALEIGH TO DESERT HOT SPRINGS, WAS MADE IN APRIL 1956. YOUR CLAIM FOR REIMBURSEMENT WAS DISALLOWED UNDER THE PROVISIONS OF THE JOINT TRAVEL REGULATIONS.

IN YOUR PRESENT LETTER YOU STATE THAT WHILE YOU SELECTED CORONA DEL MAR AS YOUR HOME UPON RETIREMENT, YOU SUBSEQUENTLY MOVED TO DESERT HOT SPRINGS WHERE THE HOT, DRY CLIMATE IS MORE BENEFICIAL TO YOUR PHYSICAL CONDITION AND YOU REQUEST THAT YOUR CASE BE RECONSIDERED.

THE TRANSPORTATION OF HOUSEHOLD EFFECTS OF MEMBERS OF THE UNIFORMED SERVICES IS GOVERNED BY JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 814, AS AMENDED, RETROACTIVELY, BY THE ACT OF AUGUST 11, 1955, 69 STAT. 691. WITH RESPECT TO MEMBERS WHO WERE PLACED ON THE TEMPORARY DISABILITY RETIRED LIST DURING THE PERIOD APRIL 1, 1951, TO AUGUST 11, 1955, APPENDIX D OF THESE REGULATIONS PROVIDES THAT A MEMBER WHO SELECTED A HOME AND PERFORMED TRAVEL TO THAT PLACE MAY SHIP HIS HOUSEHOLD EFFECTS "TO THE SELECTED HOME.' THE REGULATIONS PROVIDE ALSO THAT SHIPMENT "TO THE HOME OF SELECTION" MUST HAVE BEEN EFFECTED PRIOR TO AUGUST 11, 1956. PARTIAL SHIPMENT OF EFFECTS IN YOUR CASE FOLLOWED YOUR SELECTION OF CORONA DEL MAR, CALIFORNIA, AS YOUR HOME UPON RETIREMENT. HOWEVER, THE EFFECTS IN QUESTION WERE NOT SHIPPED "TO THE HOME OF SELECTION.' WHILE YOU PROPERLY RECEIVED ALLOWANCES FOR TRAVEL OF YOURSELF AND DEPENDENTS AS WELL AS FOR TRANSPORTATION OF OTHER HOUSEHOLD EFFECTS TO YOUR SELECTED HOME, THE LIMITATIONS CONTAINED IN THE REGULATIONS PROHIBIT REIMBURSEMENT FOR THE SHIPMENT OF HOUSEHOLD EFFECTS TO A DIFFERENT CITY INCIDENT TO YOUR RETIREMENT.

SINCE THE SHIPMENT HERE INVOLVED WAS MADE TO A PLACE OTHER THAN THE HOME YOU SELECTED UPON RETIREMENT, THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM.

ACCORDINGLY, THE SETTLEMENT OF AUGUST 3, 1956, WAS CORRECT, AND IS SUSTAINED.