B-132255, AUG. 6, 1957

B-132255: Aug 6, 1957

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KNOTTS: WE ARE IN RECEIPT OF A LETTER DATED JUNE 4. WAS FOUND UNFIT FOR FURTHER ACTIVE DUTY BY REASON OF PHYSICAL DISABILITY AND WAS PLACED ON THE TEMPORARY DISABILITY RETIRED LIST EFFECTIVE OCTOBER 31. HIS DEATH IS SHOWN TO HAVE OCCURRED ON MARCH 4. YOUR CLAIM FOR MONETARY ALLOWANCE WAS DISALLOWED BY OUR SETTLEMENT DATED MARCH 15. ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. PARAGRAPH 4158-1 PROVIDES THAT A MEMBER ON ACTIVE DUTY WHO IS RETIRED FOR DISABILITY OR PLACED ON THE TEMPORARY DISABILITY RETIRED LIST MAY SELECT HIS HOME AND RECEIVE TRAVEL ALLOWANCES THERETO FROM HIS LAST DUTY STATION PROVIDED THAT TRAVEL IS COMPLETED TO SUCH HOME. - TRANSPORTS HIS DEPENDENTS AT HIS OWN EXPENSE IS ENTITLED TO A MONETARY ALLOWANCE AT THE RATES SPECIFIED.

B-132255, AUG. 6, 1957

TO MRS. VIOLET M. KNOTTS:

WE ARE IN RECEIPT OF A LETTER DATED JUNE 4, 1957, FROM MR. EDGAR G. GAINER, DEPUTY DIRECTOR, WEST VIRGINIA DEPARTMENT OF VETERANS' AFFAIRS, CONCERNING YOUR CLAIM FOR MONETARY ALLOWANCE FOR TRAVEL PERFORMED BY YOU AND YOUR CHILDREN (DAUGHTER AND SON), DURING SEPTEMBER 1956, AS FORMER DEPENDENTS OF THE LATE WILLIAM T. KNOTTS, CORPORAL, REGULAR ARMY, RETIRED, SERVICE NO. RA 6,883,663.

BY SPECIAL ORDERS NO. 208, DATED OCTOBER 18, 1955, YOUR LATE HUSBAND, CORPORAL WILLIAM T. KNOTTS, WAS FOUND UNFIT FOR FURTHER ACTIVE DUTY BY REASON OF PHYSICAL DISABILITY AND WAS PLACED ON THE TEMPORARY DISABILITY RETIRED LIST EFFECTIVE OCTOBER 31, 1955. HIS DEATH IS SHOWN TO HAVE OCCURRED ON MARCH 4, 1956, AT WALTER REED ARMY HOSPITAL, WASHINGTON, D.C. ON SEPTEMBER 26-27, 1956, SOME SIX MONTHS SUBSEQUENT TO YOUR HUSBAND'S DEATH, YOU AND YOUR CHILDREN TRAVELED FROM WASHINGTON, D.C., TO GRAFTON, WEST VIRGINIA, AT PERSONAL EXPENSE. YOUR CLAIM FOR MONETARY ALLOWANCE WAS DISALLOWED BY OUR SETTLEMENT DATED MARCH 15, 1957, PRINCIPALLY FOR THE REASON THAT THE RIGHT OF A RETIRED MEMBER OF THE UNIFORMED SERVICES TO TRANSPORTATION IN KIND FOR HIS DEPENDENTS TO A SELECTED LOCATION, OR TO A MONETARY ALLOWANCE IN LIEU THEREOF, DOES NOT ACCRUE TO THE DEPENDENTS, AND SUCH RIGHT DOES NOT SURVIVE THE MEMBER'S DEATH, OR ACCRUE TO HIS ESTATE WHERE THE TRAVEL HAS NOT BEEN PERFORMED PRIOR TO HIS DEATH.

REGULATIONS GOVERNING THE PAYMENT OF TRAVEL ALLOWANCES FOR MEMBERS AND THEIR DEPENDENTS ON PERMANENT CHANGE OF STATION, INCLUDING THAT FROM LAST STATION TO HOME UPON RETIREMENT, ISSUED PURSUANT TO SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 814, AS AMENDED, ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. PARAGRAPH 4150 OF THOSE REGULATIONS PROVIDE FOR PAYMENT TO THE MEMBER OF MILEAGE AT THE RATE OF SIX CENTS PER MILE FOR AUTHORIZED TRAVEL PERFORMED IN THE UNITED STATES UPON SEPARATION FROM THE SERVICE UNDER HONORABLE CONDITIONS, UPON RETIREMENT, OR UPON TRANSFER TO THE TEMPORARY DISABILITY RETIRED LIST. PARAGRAPH 1150 DEFINES THE TERM "HOME" IN CONNECTION WITH RETIREMENT AS THE PLACE WHICH THE INDIVIDUAL SELECTS AND PERFORMS TRAVEL TO WITHIN ONE YEAR FROM THE DATE OF RETIREMENT. PARAGRAPH 4158-1 PROVIDES THAT A MEMBER ON ACTIVE DUTY WHO IS RETIRED FOR DISABILITY OR PLACED ON THE TEMPORARY DISABILITY RETIRED LIST MAY SELECT HIS HOME AND RECEIVE TRAVEL ALLOWANCES THERETO FROM HIS LAST DUTY STATION PROVIDED THAT TRAVEL IS COMPLETED TO SUCH HOME.

ALSO, THE REGULATIONS (PARAGRAPHS 7000 AND 7012) PROVIDE THAT A MEMBER WHO, UPON A PERMANENT CHANGE OF STATION--- INCLUDING CHANGE FROM LAST STATION TO THE HOME SELECTED UPON RETIREMENT--- TRANSPORTS HIS DEPENDENTS AT HIS OWN EXPENSE IS ENTITLED TO A MONETARY ALLOWANCE AT THE RATES SPECIFIED, AFTER THE TRAVEL HAS BEEN COMPLETED.

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, HOWEVER, UNTIL A PLACE OF RESIDENCE HAS BEEN SELECTED AND TRAVEL TO IT FOR THAT PURPOSE HAS BEEN PERFORMED BY THE MEMBER. FURTHERMORE, THE RIGHT OF A RETIRED MEMBER TO TRANSPORTATION FOR HIS DEPENDENTS, OR TO AN ALLOWANCE IN LIEU OF SUCH TRANSPORTATION, ACCRUES ONLY TO THE RETIRED MEMBER--- NOT TO HIS DEPENDENTS--- AND SUCH RIGHT DOES NOT SURVIVE THE MEMBER'S DEATH, OR ACCRUE TO HIS ESTATE WHERE THE TRAVEL HAS NOT BEEN PERFORMED PRIOR TO HIS DEATH.

IN VIEW OF THE APPLICABLE REGULATIONS, THERE IS NO BASIS FOR THE PAYMENT OF YOUR CLAIM. ACCORDINGLY, UPON REVIEW, THE SETTLEMENT OF MARCH 15, 1957, IS FOUND CORRECT AND IS SUSTAINED.