B-132204, AUG. 5, 1957

B-132204: Aug 5, 1957

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YOU HAVE. THIS CLAIM WAS DISALLOWED BY OUR SETTLEMENT OF MARCH 11. JONES WAS PLACED ON THE ARMY RETIRED LIST EFFECTIVE MAY 31. YOU RELATE THAT ALL OF YOUR FURNITURE AND PERSONAL BELONGINGS WERE DISPOSED OF OR SOLD. WAS NOT COMPLETED AND NO RESIDENCE WAS EVER ESTABLISHED. TRAVEL ALLOWANCES TO HIS HOME OF CHOICE FOR A MEMBER OF THE UNIFORMED SERVICES AND HIS DEPENDENTS UPON RETIREMENT ARE PROVIDED FOR BY SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949. THE PURPOSE OF THE STATUTE AND REGULATIONS IS TO AUTHORIZE TRANSPORTATION AT GOVERNMENT EXPENSE FOR THE OFFICER OR ENLISTED MAN AND HIS DEPENDENTS TO THE PLACE WHERE HE GOES TO RESIDE PERMANENTLY FOLLOWING RETIREMENT. PAYMENT OF ALLOWANCES FOR SUCH TRANSPORTATION IS NOT AUTHORIZED UNTIL A PLACE OF RESIDENCE HAS BEEN SELECTED AND TRAVEL TO IT FOR THAT PURPOSE HAS BEEN PERFORMED.

B-132204, AUG. 5, 1957

TO MRS. INEZ E. JONES:

BY LETTER DATED MAY 27, 1957, YOU HAVE, IN EFFECT, REQUESTED REVIEW OF YOUR CLAIM FOR REIMBURSEMENT OF TRANSPORTATION EXPENSES OF YOU AND YOUR LATE HUSBAND, CHARLEY R. JONES, FOR TRAVEL PERFORMED FROM VAN NUYS, CALIFORNIA TO ANCHORAGE, ALASKA, INCIDENT TO HIS RETIREMENT. THIS CLAIM WAS DISALLOWED BY OUR SETTLEMENT OF MARCH 11, 1957.

MR. JONES WAS PLACED ON THE ARMY RETIRED LIST EFFECTIVE MAY 31, 1956. WITH THE INTENTION OF ESTABLISHING RESIDENCE AT WASILLA, TERRITORY OF ALASKA, YOU RELATE THAT ALL OF YOUR FURNITURE AND PERSONAL BELONGINGS WERE DISPOSED OF OR SOLD. THEN, ON JUNE 4, 1956, YOU AND MR. JONES DEPARTED BY PRIVATELY OWNED AUTOMOBILE FOR ALASKA, ARRIVING ON JULY 20 AT ANCHORAGE. WITHIN A FEW HOURS AFTER ARRIVAL, MR. JONES DIED THERE OF A SUDDEN HEART ATTACK. TRAVEL TO WASILLA, APPROXIMATELY 60 MILES FROM ANCHORAGE, WAS NOT COMPLETED AND NO RESIDENCE WAS EVER ESTABLISHED.

TRAVEL ALLOWANCES TO HIS HOME OF CHOICE FOR A MEMBER OF THE UNIFORMED SERVICES AND HIS DEPENDENTS UPON RETIREMENT ARE PROVIDED FOR BY SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, AND THE JOINT TRAVEL REGULATIONS. THE PURPOSE OF THE STATUTE AND REGULATIONS IS TO AUTHORIZE TRANSPORTATION AT GOVERNMENT EXPENSE FOR THE OFFICER OR ENLISTED MAN AND HIS DEPENDENTS TO THE PLACE WHERE HE GOES TO RESIDE PERMANENTLY FOLLOWING RETIREMENT. PAYMENT OF ALLOWANCES FOR SUCH TRANSPORTATION IS NOT AUTHORIZED UNTIL A PLACE OF RESIDENCE HAS BEEN SELECTED AND TRAVEL TO IT FOR THAT PURPOSE HAS BEEN PERFORMED. HOWEVER, UNDER SIMILAR PRIOR LAWS AND REGULATIONS IT HAS BEEN HELD THAT, WHEN THE PLACE OF RESIDENCE HAS BEEN SELECTED, TRAVEL HAS BEEN COMPLETED OVER A PORTION OF THE ROUTE, AND THE SERVICEMAN HAS DIED BEFORE REACHING HIS DESTINATION, REIMBURSEMENT IS AUTHORIZED FOR THE TRAVEL ACTUALLY PERFORMED BETWEEN THE PLACE OF RETIREMENT AND THE PLACE SELECTED. B-77961, AUGUST 25, 1948; A-78215, FEBRUARY 12, 1937.

SINCE YOU AND MR. JONES HAD TRAVELED FROM THE STATION OF RETIREMENT, VAN NUYS, CALIFORNIA, TO ANCHORAGE EN ROUTE TO THE HOME OF SELECTION, WASSILA, ALASKA, BEFORE HIS DEATH, PAYMENT FOR THE TRAVEL PERFORMED MAY BE ALLOWED TO THE EXTENT OTHERWISE AUTHORIZED.

FROM THE AMOUNT DUE, HOWEVER, THERE MUST BE DEDUCTED THE GOVERNMENT'S CLAIM FOR UNEARNED REENLISTMENT BONUS NOT COLLECTED FROM YOUR HUSBAND AT THE TIME OF RETIREMENT. HE ENLISTED THE LAST TIME IN 1952 AND WAS PAID A REENLISTMENT BONUS BASED ON A 6-YEAR ENLISTMENT. IT IS REPORTED THAT HE SERVED ONLY 3 YEARS, 10 MONTHS, AND 7 DAYS OF THE ENLISTMENT BEFORE RETIREMENT. SECTION 207 (A) OF THE CAREER COMPENSATION ACT OF 1949 AS AMENDED BY THE ACT OF OCTOBER 26, 1951, 65 STAT. 653, REQUIRES A REFUND OF THE UNEARNED PORTION OF THE REENLISTMENT BONUS IN CASE THE MEMBER VOLUNTARILY DOES NOT COMPLETE THE TERM FOR WHICH THE BONUS WAS PAID. HENCE, THE GOVERNMENT'S CLAIM COMPUTED BY THE ARMY FINANCE CENTER AS $128.83, MUST BE DEDUCTED FROM THE AMOUNT DUE ON YOUR CLAIM.

ACCORDINGLY, A SETTLEMENT ON THE BASIS EXPLAINED ABOVE WILL ISSUE IN THE NEAR FUTURE.

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