B-135597, APR. 21, 1958
Highlights
WAS DISALLOWED BY OUR SETTLEMENT DATED SEPTEMBER 9. WAS RETIRED FOR PHYSICAL DISABILITY EFFECTIVE JULY 16. YOUR CLAIM WAS DISALLOWED SINCE TRAVEL HAD NOT BEEN PERFORMED PRIOR TO THE DEATH OF SERGEANT MARCUM. ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. - TRANSPORTS HIS DEPENDENTS AT HIS OWN EXPENSE IS ENTITLED TO A MONETARY ALLOWANCE AT THE RATE SPECIFIED. 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. THERE IS NO LEGAL BASIS FOR THE PAYMENT OF YOUR CLAIM.
B-135597, APR. 21, 1958
TO MRS. BETTIE M. MARCUM:
IN YOUR LETTER OF MARCH 11, 1958, YOU AGAIN REQUEST REIMBURSEMENT FOR THE TRAVEL OF YOU AND ONE CHILD FROM WASHINGTON, D.C., TO WEST PALM BEACH, FLORIDA. THIS CLAIM, CONCERNING THE TRAVEL OF YOU AND TWO CHILDREN, WAS DISALLOWED BY OUR SETTLEMENT DATED SEPTEMBER 9, 1957.
BY SPECIAL ORDERS NO. 136, DATED JULY 16, 1957, YOUR LATE HUSBAND, MASTER SERGEANT HARRY E. MARCUM, UNITED STATES AIR FORCE, WAS RETIRED FOR PHYSICAL DISABILITY EFFECTIVE JULY 16, 1957. HIS DEATH OCCURRED ON JULY 30, 1957, AT WALTER REED ARMY HOSPITAL, WASHINGTON, D.C. ON JULY 31, 1957, YOU AND YOUR TWO CHILDREN (ONE UNDER FIVE YEARS OF AGE) DEPARTED WASHINGTON AND TRAVELED TO YOUR PRESENT ADDRESS, ARRIVING ON AUGUST 1, 1957. YOUR CLAIM WAS DISALLOWED SINCE TRAVEL HAD NOT BEEN PERFORMED PRIOR TO THE DEATH OF SERGEANT MARCUM.
REGULATIONS GOVERNING THE PAYMENT OF TRAVEL ALLOWANCES FOR MEMBERS AND THEIR DEPENDENTS OF 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. PARAGRAPHS 7000 AND 7012 OF THESE REGULATIONS 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 RATE 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 LEGAL BASIS FOR THE PAYMENT OF YOUR CLAIM. ACCORDINGLY, UPON REVIEW, THE SETTLEMENT OF SEPTEMBER 9, 1957, IS FOUND CORRECT AND IS SUSTAINED.