B-136148, FEB 5, 1959

B-136148: Feb 5, 1959

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WAS ADVANCED TO THE GRADE OF FIRST LIEUTENANT AND RETIRED FROM ACTIVE DUTY EFFECTIVE JULY 31. YOU ACCOMPANIED HIS REMAINS TO MARINA AND THE HOUSE TRAILER WAS TOWED TO THE SAME CITY FROM SPRINGFIELD. PROVISION ALSO IS MADE FOR THE TRANSPORTATION AT GOVERNMENT EXPENSE OF DEPENDENTS AND HOUSEHOLD EFFECTS OF MEMBERS OF THE UNIFORMED SERVICES WHO DIE WHILE ON ACTIVE DUTY. THERE WAS NO AUTHORITY. NOR IS THERE ANY AUTHORITY FOR THE TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS OF A DECEASED RETIRED MEMBER. OR ACCRUE TO HIS ESTATE WHERE TRAVEL WAS NOT PERFORMED PRIOR TO HIS DEATH. PROVIDES THAT UPON RECEIPT BY A MEMBER'S DEPENDENTS OF AN OFFICIAL REPORT THAT HE IS DEAD. THAT PROVISION IS BASED ON SECTION 12 OF THE MISSING PERSONS ACT.

B-136148, FEB 5, 1959

PRECIS-UNAVAILABLE

MRS. IMOGENE HAZEL HOFFMAN:

THERE HAS BEEN RECEIVED BY REFERENCE FROM THE FINANCE CENTER, U. S. ARMY, INDIANAPOLIS, INDIANA, YOUR LETTER OF NOVEMBER 6, 1958, REQUESTING REVIEW OF OUR SETTLEMENT OF MARCH 28, 1958, WHICH ALLOWED A PORTION OF THE AMOUNT CLAIMED BY YOU AS WIDOW OF RAYMOND O. HOFFMAN, DECEASED, FORMERLY FIRST LIEUTENANT, U. S. ARMY, RETIRED. THE CLAIM INVOLVES MILEAGE FOR YOUR HUSBAND'S TRAVEL, REIMBURSEMENT FOR YOUR TRAVEL, AND AN ALLOWANCE FOR TRANSPORTING A HOUSE TRAILER FROM ALEXANDRIA, VIRGINIA, TO MARINA, CALIFORNIA.

THE RECORD SHOWS THAT BY SPECIAL ORDERS NO. 129, DATED JULY 2, 1957, THE DECEDENT, THEN A MASTER SERGEANT ASSIGNED TO PERMANENT DUTY AT FORT BELVOIR, VIRGINIA, WAS ADVANCED TO THE GRADE OF FIRST LIEUTENANT AND RETIRED FROM ACTIVE DUTY EFFECTIVE JULY 31, 1957. HIS DEATH OCCURRED ON AUGUST 13, 1957, AT PORT SANILAC, MICHIGAN, WHILE ON AN INDIRECT ROUTE TO HIS HOME, MARINA, CALIFORNIA. YOU ACCOMPANIED HIS REMAINS TO MARINA AND THE HOUSE TRAILER WAS TOWED TO THE SAME CITY FROM SPRINGFIELD, MISSOURI, BY A COMMERCIAL CONCERN. THE SETTLEMENT ALLOWED $150.14 AS MILEAGE FOR YOUR HUSBAND, REIMBURSEMENT FOR YOUR TRAVEL AND TRAILER ALLOWANCE, FROM ALEXANDRIA, VIRGINIA, TO PORT SANILAC, MICHIGAN. IN YOUR PRESENT LETTER YOU REFER TO PARAGRAPHS 8011-1-2 AND 3, CHANGE 43, OF THE JOINT TRAVEL REGULATIONS, AND REQUEST THAT CONSIDERATION BE GIVEN TO YOUR CLAIM FOR REIMBURSEMENT FOR YOUR TRAVEL AND FOR TRAILER ALLOWANCE FOR THE ADDITIONAL DISTANCE TO MARINA.

SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253, PROVIDES THAT UNDER SUCH REGULATIONS AS THE SECRETARIES CONCERNED MAY PRESCRIBE, MEMBERS OF THE UNIFORMED SERVICES SHALL BE ENTITLED UPON RETIREMENT TO TRAVEL AND TRANSPORTATION ALLOWANCES FOR THEIR OWN TRAVEL FROM LAST DUTY STATION TO HOME, AND TO TRANSPORTATION OF THEIR DEPENDENTS AND HOUSEHOLD EFFECTS, OR TO A TRAILER ALLOWANCE FOR TRANSPORTING A HOUSE TRAILER IN LIEU OF TRANSPORTATION OF HOUSEHOLD EFFECTS, FROM PLACE WHERE LOCATED TO HOME ON THE BASIS OF AN ORDERED CHANGE OF PERMANENT STATION. PROVISION ALSO IS MADE FOR THE TRANSPORTATION AT GOVERNMENT EXPENSE OF DEPENDENTS AND HOUSEHOLD EFFECTS OF MEMBERS OF THE UNIFORMED SERVICES WHO DIE WHILE ON ACTIVE DUTY. THERE WAS NO AUTHORITY, HOWEVER, AT THE TIME HERE INVOLVED FOR THE MOVEMENT AT GOVERNMENT EXPENSE OF A HOUSE TRAILER OF A DECEASED MEMBER, IRRESPECTIVE OF HIS STATUS AT TIME OF DEATH, NOR IS THERE ANY AUTHORITY FOR THE TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS OF A DECEASED RETIRED MEMBER. THE RIGHT TO TRANSPORTATION OF DEPENDENTS AND HOUSEHOLD EFFECTS, OR TO A TRAILER ALLOWANCE IN LIEU OF TRANSPORTATION OF HOUSEHOLD EFFECTS, ACCRUED 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 TRAVEL WAS NOT PERFORMED PRIOR TO HIS DEATH.

PARAGRAPH 8011-1, CHANGE 43, OF THE JOINT TRAVEL REGULATIONS, PROVIDES THAT UPON RECEIPT BY A MEMBER'S DEPENDENTS OF AN OFFICIAL REPORT THAT HE IS DEAD, INJURED, MISSING, INTERNED IN A FOREIGN COUNTRY, OR CAPTURED BY A HOSTILE FORCE, THE EFFECTS OF SUCH MEMBER MAY BE SHIPPED AS FOR A PERMANENT CHANGE OF STATION FROM THE LAST DUTY STATION OR PLACE OF STORAGE TO THE PLACE DESIGNATED BY THE MEMBER. THAT PROVISION IS BASED ON SECTION 12 OF THE MISSING PERSONS ACT, AS AMENDED, 50 U.S.C. APP. 1012, AND HAS NO BEARING ON YOUR CLAIM. PARAGRAPH 8011-2 OF THE SAME REGULATIONS, BASED ON THE PROVISIONS OF THE CAREER COMPENSATION ACT MENTIONED ABOVE, PROVIDES THAT THE EFFECTS OF MEMBERS WHO DIE WHILE ON ACTIVE DUTY MAY BE SHIPPED FROM THE LAST DUTY STATION OR TO THE PLACE TO WHICH LAST SHIPPED AT GOVERNMENT EXPENSE TO THE HOME OF THE PERSON LEGALLY ENTITLED THERETO. PARAGRAPH 8011-3 OF THE SAME REGULATIONS PROVIDES THAT IN CASE OF DEATH IN CIRCUMSTANCES WHICH ARE COVERED BY BOTH 1 AND 2, THE AUTHORITY WILL BE USED WHICH AFFORDS THE GREATER ADVANTAGE TO THE DEPENDENTS OF THE DECEASED. PARAGRAPHS 1150-3B AND 4158-1A OF THE JOINT TRAVEL REGULATIONS, DEFINE THE TERM "HOME" WITH RESPECT TO A MEMBER ON ACTIVE DUTY WHO IS RETIRED FOR PHYSICAL DISABILITY OR PLACED ON THE TEMPORARY DISABILITY RETIRED LIST, OR RETIRED WITH PAY FOR ANY OTHER REASON, AS THE PLACE SELECTED BY SUCH MEMBER PROVIDED TRAVEL TO SUCH SELECTED HOME IS COMPLETED WITHIN ONE YEAR AFTER TERMINATION OF ACTIVE DUTY.

THUS, YOUR HUSBAND HAVING RETIRED ON JULY 31, 1957, HAD ONE YEAR IN WHICH TO SELECT A HOME AND TRAVEL THERETO, AND NO RIGHT TO PAYMENT OF MILEAGE FOR HIS OWN TRAVEL OR TO REIMBURSEMENT FOR YOUR TRAVEL, OR FOR THE TRAILER ALLOWANCE COULD ACCRUE UNTIL THE TRAVEL WAS COMPLETED. HOWEVER, WHEN THE PLACE OF RESIDENCE HAS BEEN SELECTED, TRAVEL HAS BEEN COMPLETED OVER A PORTION OF THE ROUTE, AND THE MEMBER DIES BEFORE REACHING HIS DESTINATION, IT HAS BEEN HELD THAT TRAVEL ALLOWANCES MAY BE PAID FOR THE PORTION OF THE TRAVEL ACTUALLY COMPLETED BETWEEN THE PLACE OF RETIREMENT AND THE PLACE SELECTED. SINCE YOU WERE PAID ON THAT BASIS AND SINCE THERE IS NO AUTHORITY FOR REIMBURSEMENT FOR TRAVEL PERFORMED BY YOU AFTER YOUR HUSBAND'S DEATH OR FOR THE PAYMENT OF AN ALLOWANCE FOR HAULING HIS TRAILER AT THAT TIME, THE SETTLEMENT OF MARCH 28, 1958, WAS CORRECT AND IS SUSTAINED.