B-135626, MAY 8, 1958

B-135626, MAY 8, 1958

TO MAJOR HAROLD L. TOWNSEND, RETIRED:

REFERENCE IS MADE TO YOUR LETTER DATED MARCH 8, 1958, CONCERNING YOUR CLAIM FOR TRAILER ALLOWANCE INCIDENT TO YOUR ORDERS OF NOVEMBER 28, 1956.

BY THOSE ORDERS YOU WERE PLACED ON THE TEMPORARY DISABILITY RETIREMENT LIST IN THE GRADE OF MAJOR AT LETTERMAN ARMY HOSPITAL, SAN FRANCISCO, CALIFORNIA, EFFECTIVE DECEMBER 10, 1956, AND DIRECTED TO PROCEED TO YOUR HOME. YOU SELECTED SYRACUSE, NEW YORK, AS YOUR HOME UPON RETIREMENT. YOU WERE ALLOWED MILEAGE FOR PERSONAL AND DEPENDENT TRAVEL PERFORMED FROM SAN FRANCISCO AND OAKLAND, CALIFORNIA, TO SYRACUSE, NEW YORK, RESPECTIVELY, DURING THE PERIOD MARCH 12 TO APRIL 10, 1957, NOT IN EXCESS OF THE DISTANCE FROM SAN FRANCISCO, CALIFORNIA, TO SYRACUSE, NEW YORK. OCTOBER 31, 1957, YOU SUBMITTED A CLAIM FOR TRAILER ALLOWANCE BASED ON THE DISTANCE BETWEEN SAN FRANCISCO (REDWOOD CITY), CALIFORNIA, AND ALEXANDRIA, VIRGINIA. THIS CLAIM WAS DISALLOWED BY SETTLEMENT DATED FEBRUARY 7, 1958, FOR THE REASON THAT ALEXANDRIA WAS NOT YOUR SELECTED HOME. YOU NOW CLAIM TRAILER ALLOWANCE FOR THE DISTANCE FROM SAN FRANCISCO TO SYRACUSE.

THE RECORD SHOWS THAT YOUR HOUSE TRAILER WAS HAULED BY COMMERCIAL TRANSPORTER FROM SAN FRANCISCO (REDWOOD CITY) TO LATROBE, PENNSYLVANIA, FOR WHICH YOU PAID THE SUM OF $856.78. YOU ADVISED OUR OFFICE BY TELEPHONE THAT YOU SOLD THIS TRAILER AT LATROBE AND LOADED YOUR HOUSEHOLD EFFECTS ON A UTILITY TRAILER WHICH YOU ATTACHED TO YOUR AUTOMOBILE AND PERSONALLY HAULED TO SYRACUSE, NEW YORK.

SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253, PROVIDES THAT A MEMBER OF THE UNIFORMED SERVICES WHO IS RETIRED IN THE CIRCUMSTANCES DESCRIBED MAY SELECT HIS HOME FOR THE PURPOSE OF TRAVEL AND TRANSPORTATION ALLOWANCES PAYABLE UNDER THAT SECTION. SECTION 303 (C) PROVIDES THAT, UNDER UNIFORM REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, A MEMBER WHO IS RETIRED IN THE CIRCUMSTANCES DESCRIBED IS ENTITLED TO TRANSPORTATION FOR HIS DEPENDENTS AND FOR HIS BAGGAGE AND HOUSEHOLD EFFECTS TO THE HOME SELECTED FOR ALLOWANCE PURPOSES UNDER SUBSECTION (A) OF THAT SECTION. IT FURTHER PROVIDES THAT IN LIEU OF TRANSPORTATION OF BAGGAGE AND HOUSEHOLD EFFECTS, A MEMBER WHO TRANSPORTS A HOUSE TRAILER OR MOBILE DWELLING WITHIN THE CONTINENTAL UNITED STATES FOR USE AS A RESIDENCE AND WHO WOULD OTHERWISE BE ENTITLED TO TRANSPORTATION OF BAGGAGE AND HOUSEHOLD EFFECTS AND A DISLOCATION ALLOWANCE, SHALL, UNDER REGULATIONS PRESCRIBED BY THE SECRETARY CONCERNED, BE ENTITLED TO A REASONABLE ALLOWANCE, NOT TO EXCEED 20 CENTS PER MILE, OR TO THE DISLOCATION ALLOWANCE, WHICHEVER HE ELECTS. THE SUBSECTION ALSO PROVIDES THAT A DISLOCATION ALLOWANCE IS NOT PAYABLE TO A MEMBER WHEN ORDERED FROM HIS LAST DUTY STATION TO HOME. PARAGRAPH 10002 OF THE JOINT TRAVEL REGULATIONS PROVIDES AS FOLLOWS:

"A MEMBER OF THE UNIFORMED SERVICES WILL BE ENTITLED TO THE TRAILER ALLOWANCE WHEN ALL OF THE FOLLOWING CONDITIONS EXIST:

"3. A HOUSE TRAILER IS ACQUIRED ON OR PRIOR TO THE EFFECTIVE DATE OF THE MEMBER'S ORDERS AND IS TRANSPORTED FOR USE BY THE MEMBER, HIS DEPENDENTS, OR BOTH, AS A RESIDENCE AT DESTINATION * * "

PARAGRAPH 10001 OF THE REGULATIONS PROVIDES THAT A UTILITY TRAILER IS NOT CONSIDERED AS A HOUSE TRAILER WITHIN THE INTENT OF THE REGULATIONS AND PARAGRAPH 10014 PROVIDES AS FOLLOWS:

"THE SERVICE CONCERNED WILL PRESCRIBE THE NECESSARY REGULATIONS GOVERNING THE PREPARATION OF VOUCHERS AND SUPPORTING DOCUMENTS, INCLUDING:

"3. REQUIRED DECLARATION OF THE MEMBER'S INTENT TO USE THE HOUSE TRAILER AS A RESIDENCE AT DESTINATION (SEE PAR. 10002 ITEM 3).'

UNDER THE STATUTE AND REGULATIONS NO RIGHT TO TRAILER ALLOWANCE ACCRUES TO A MEMBER UPON RETIREMENT UNLESS HE MOVES HIS HOUSE TRAILER OR MOBILE DWELLING TO HIS SELECTED HOME FOR USE AS A RESIDENCE. SINCE YOU SOLD YOUR HOUSE TRAILER AT LATROBE, PENNSYLVANIA, AND DID NOT MOVE IT FOR USE AS A RESIDENCE TO SYRACUSE, NEW YORK, WHICH WAS YOUR SELECTED HOME, YOU DID NOT SATISFY THE MANDATORY REQUIREMENTS OF THE STATUTE AND THE REGULATIONS. THEREFORE, YOU ARE NOT ENTITLED TO ANY TRAILER ALLOWANCE INCIDENT TO YOUR ORDERS OF NOVEMBER 28, 1956. ACCORDINGLY, WE ARE WITHOUT AUTHORITY TO ALLOW YOUR CLAIM.