B-133709, SEP. 24, 1957

B-133709: Sep 24, 1957

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THE ADDITIONAL ALLOWANCE AND REIMBURSEMENT WERE CLAIMED UNDER THE PROVISIONS OF THE ACT OF AUGUST 11. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT. SINCE TRAVEL WAS NOT COMPLETED TO HONOLULU. IT APPEARS THAT AT THE TIME YOUR NAME WAS PLACED ON THE ARMY OF THE UNITED STATES RETIRED LIST. YOUR HOME OF RECORD WAS CHICAGO. COULD NOT EXCEED THAT BASED ON THE DISTANCE FROM YOUR LAST STATION TO YOUR HOME OF RECORD OR TO THE PLACE FROM WHICH YOU WERE ORDERED TO ACTIVE DUTY. YOU WERE PAID MILEAGE FOR YOUR PERSONAL TRAVEL ON THE BASIS OF THE DISTANCE FROM YOUR SEPARATION POINT. YOU WERE REIMBURSED FOR YOUR DEPENDENT'S TRAVEL ON THE BASIS OF THE DISTANCE FROM JEFFERSONVILLE. IN YOUR PRESENT LETTER YOU REQUEST TO BE ADVISED WHETHER IT IS POSSIBLE NOW TO AMEND THE SELECTION OF YOUR HOME TO READ SAN FRANCISCO.

B-133709, SEP. 24, 1957

TO COLONEL JOHN J. MADIGAN, AUS, RETIRED:

YOUR LETTER OF AUGUST 23, 1957, REQUESTS REVIEW OF SETTLEMENT DATED SEPTEMBER 28, 1956, WHICH DISALLOWED YOUR CLAIM FOR ADDITIONAL MILEAGE ALLOWANCE FOR YOUR TRAVEL AND ADDITIONAL REIMBURSEMENT FOR THE TRANSPORTATION OF YOUR DEPENDENT WIFE, INCIDENT TO YOUR RELEASE FROM ACTIVE DUTY AS A MEMBER OF THE OFFICERS' RESERVE CORPS AND PLACEMENT OF YOUR NAME ON THE ARMY OF THE UNITED STATES RETIRED LIST ON DECEMBER 31, 1952. THE ADDITIONAL ALLOWANCE AND REIMBURSEMENT WERE CLAIMED UNDER THE PROVISIONS OF THE ACT OF AUGUST 11, 1955, 69 STAT. 691.

YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT, SINCE TRAVEL WAS NOT COMPLETED TO HONOLULU, TERRITORY OF HAWAII, THE PLACE YOU SELECTED AS YOUR HOME AT THE TIME OF YOUR RETIREMENT, NO ADDITIONAL AMOUNT MAY BE PAID YOU UNDER THE PROVISIONS OF THE ACT OF AUGUST 11, 1955.

IT APPEARS THAT AT THE TIME YOUR NAME WAS PLACED ON THE ARMY OF THE UNITED STATES RETIRED LIST, YOUR HOME OF RECORD WAS CHICAGO, ILLINOIS. YOU SELECTED HONOLULU, TERRITORY OF HAWAII, AS YOUR HOME UPON RETIREMENT AND YOU AND YOUR WIFE TRAVELED TO SAN FRANCISCO, CALIFORNIA, ARRIVING AT THAT PLACE ON JULY 7, 1953. SINCE AT THAT TIME YOUR RIGHT AS A MEMBER OF THE OFFICERS' RESERVE CORPS TO TRAVEL AND TRANSPORTATION ALLOWANCES INCIDENT TO YOUR RELEASE FROM ACTIVE DUTY (SEE PARAGRAPH 4156, CASE 9/B), JOINT TRAVEL REGULATIONS, THEN IN EFFECT), COULD NOT EXCEED THAT BASED ON THE DISTANCE FROM YOUR LAST STATION TO YOUR HOME OF RECORD OR TO THE PLACE FROM WHICH YOU WERE ORDERED TO ACTIVE DUTY, YOU WERE PAID MILEAGE FOR YOUR PERSONAL TRAVEL ON THE BASIS OF THE DISTANCE FROM YOUR SEPARATION POINT, FORT KNOX, KENTUCKY, TO CHICAGO, ILLINOIS, AND YOU WERE REIMBURSED FOR YOUR DEPENDENT'S TRAVEL ON THE BASIS OF THE DISTANCE FROM JEFFERSONVILLE, INDIANA, TO CHICAGO, ILLINOIS. IN YOUR PRESENT LETTER YOU REQUEST TO BE ADVISED WHETHER IT IS POSSIBLE NOW TO AMEND THE SELECTION OF YOUR HOME TO READ SAN FRANCISCO, CALIFORNIA, RATHER THAN HONOLULU, TERRITORY OF HAWAII, THEREBY RECOUPING AT LEAST A PART OF THE ADDITIONAL EXPENSES INVOLVED.

SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, WAS AMENDED BY THE ACT OF AUGUST 11, 1955, 69 STAT. 691, TO PROVIDE THAT, UNDER UNIFORM REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, A MEMBER OF THE UNIFORMED FORCES WHO IS RETIRED FOR PHYSICAL DISABILITY, OR PLACED UPON THE TEMPORARY DISABILITY RETIRED LIST, OR IS RETIRED WITH PAY FOR ANY OTHER REASON, MAY SELECT HIS HOME FOR THE PURPOSE OF TRAVEL AND TRANSPORTATION ALLOWANCES, INCLUDING TRANSPORTATION FOR HIS DEPENDENTS, HIS BAGGAGE AND HOUSEHOLD EFFECTS "TO THE HOME SELECTED.' THE ACT OF AUGUST 11, 1955, IS MADE RETROACTIVE TO APRIL 1, 1951, AND PROVIDES THAT NO ADDITIONAL AMOUNT MAY BE PAID TO MEMBERS OF THE UNIFORMED SERVICES AS A RESULT OF THE ENACTMENT OF THAT ACT UNLESS TRAVEL "TO SUCH SELECTED HOME BE PERFORMED ON OR PRIOR TO APRIL 28, 1953, OR WITHIN ONE YEAR AFTER SUCH RETIREMENT," WHICHEVER IS LATER. THUS, UNDER BOTH THE PROSPECTIVE AND RETROACTIVE PROVISIONS OF THE ACT, BOTH SELECTION OF THE HOME AND TRAVEL OF THE MEMBER AND HIS DEPENDENTS IS REQUIRED TO THAT TRAVEL OF THE MEMBER AND HIS DEPENDENTS IS REQUIRED TO THAT PLACE PRIOR TO APRIL 28, 1953, OR WITHIN ONE YEAR AFTER RETIREMENT, WHICHEVER IS LATER.

THE REGULATIONS ISSUED UNDER THE ACT OF AUGUST 11, 1955, WITH RESPECT TO THE ADJUSTMENT OF TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED DURING THE PERIOD APRIL 1, 1951, TO AUGUST 11, 1955, ARE CONTAINED IN APPENDIX D OF THE JOINT TRAVEL REGULATIONS. THEY PROVIDE THAT FOR THE PURPOSE OF DETERMINING ENTITLEMENT TO AN ADJUSTMENT OF TRAVEL AND TRANSPORTATION ALLOWANCES, THE "HOME OF SELECTION" OF A MEMBER WILL BE THE PLACE AT WHICH THE MEMBER, OR THE MEMBER AND HIS DEPENDENTS, WERE RESIDING AS OF THE DATE THE RIGHT TO SELECT A HOME EXPIRED. HOWEVER, A MEMBER WHO WAS RETIRED ON OR AFTER APRIL 29, 1952, AS IN YOUR CASE, MUST, IN ORDER TO QUALIFY FOR PAYMENT OF AN ADDITIONAL ALLOWANCE, HAVE SELECTED A HOME AND PERFORMED TRAVEL THERETO WITHIN ONE YEAR AFTER SUCH RETIREMENT. THE REGULATIONS FURTHER PROVIDE THAT "THE STATUTE DOES NOT PERMIT THESE TIME LIMITS TO BE EXTENDED FOR ANY REASON INCLUDING HOSPITALIZATION OR ILLNESS OF THE MEMBER.' IN THE ABSENCE OF EVIDENCE SHOWING THAT YOU SELECTED A HOME AT A PLACE OTHER THAN CHICAGO BEFORE JANUARY 1, 1954, AND TRAVELED TO THAT PLACE BEFORE THAT DATE, THERE IS NO AUTHORITY FOR THE PAYMENT OF ANY ADDITIONAL AMOUNT TO YOU. THE SELECTION OF SAN FRANCISCO AS YOUR HOME AT THE PRESENT TIME WOULD ADD NOTHING TO YOUR RIGHTS IN THE PREMISES.