B-142371, JUN. 1, 1960

B-142371, JUN. 1, 1960

TO THE LIEUTENANT COLONEL BERRY O. WINSLOW, AUS, RETIRED:

REFERENCE IS MADE TO YOUR UNDATED LETTER RECEIVED HERE ON MARCH 8, 1960, REQUESTING REVIEW OF SETTLEMENT DATED FEBRUARY 19, 1960, WHICH DISALLOWED YOUR CLAIM FOR REFUND OF $129.50, PAID BY YOU TO THE GOVERNMENT AS THE COST OF SHIPPING YOUR HOUSEHOLD EFFECTS FROM FREDERICK, MARYLAND, TO LOUISVILLE, KENTUCKY, INCIDENT TO YOUR RETIREMENT.

THE RECORD SHOWS THAT YOU WERE RETIRED EFFECTIVE JUNE 30, 1957, AT FORT RITCHIE, MARYLAND. YOU HAVE CERTIFIED THAT YOU LEFT FORT RITCHIE ON JULY 5, 1957, AND ARRIVED AT SAN ANTONIO, TEXAS, ON NOVEMBER 6, 1957; THAT YOUR DEPENDENTS (WIFE AND SON) TRAVELED AT PERSONAL EXPENSE FROM FORT RITCHIE TO SAN ANTONIO BETWEEN JULY 5, 1957, AND JUNE 1, 1958; AND THAT SAN ANTONIO WAS THE PLACE SELECTED AS YOUR HOME UPON YOUR RETIREMENT. ON THE BASIS OF YOUR CERTIFICATION YOU WERE PAID MILEAGE FOR YOUR TRAVEL FROM FORT RITCHIE TO SAN ANTONIO. YOU WERE ALSO REIMBURSED FOR THE TRAVEL OF YOUR DEPENDENTS BETWEEN THOSE PLACES. YOUR HOUSEHOLD EFFECTS WEIGHING 2,280 POUNDS WERE SHIPPED BY VAN FROM FREDERICK, MARYLAND, TO LOUISVILLE, KENTUCKY, ON GOVERNMENT BILL OF LADING NO. WY 5357941, DATED AUGUST 20, 1957, AT A COST TO THE GOVERNMENT OF $129.50 PAID ON VOUCHER NO. 124042, IN THE SEPTEMBER 1957 ACCOUNTS OF S. GADDIS. YOU STATE THAT YOUR WIFE AND SON RESIDED IN A RENTED APARTMENT IN LOUISVILLE ON A TEMPORARY BASIS FROM ABOUT AUGUST 15, 1957, TO JUNE 1, 1958, IN ORDER FOR YOUR SON TO ATTEND SCHOOL THERE. YOU ALSO STATE THAT YOUR WIFE PURCHASED ADDITIONAL ITEMS OF FURNITURE WHILE SHE WAS RESIDING IN LOUISVILLE. IT APPEARS THAT YOUR HOUSEHOLD EFFECTS WEIGHING 3,260 POUNDS WERE SHIPPED BY VAN FROM LOUISVILLE, KENTUCKY, TO SAN ANTONIO, TEXAS, WHERE THEY ARRIVED ON JUNE 6, 1958, AT PERSONAL EXPENSE OF $399.85. THIS SHIPMENT OF EFFECTS INCLUDED THOSE SHIPPED FROM FORT RITCHIE TO LOUISVILLE AND THE ADDITIONAL ITEMS PURCHASED BY YOUR WIFE AT LOUISVILLE.

SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 814, AS AMENDED BY SECTION 1 OF THE ACT OF AUGUST 11, 1955, 69 STAT. 691, PROVIDES THAT, UNDER UNIFORM REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, 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 THIS 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 THE SECTION.

PARAGRAPH 1150-3 (B), JOINT TRAVEL REGULATIONS, PROVIDES THAT THE TERM "HOME OF SELECTION," AS USED IN THESE REGULATIONS, MEANS THE PLACE SELECTED BY A MEMBER AS HIS HOME UPON RETIREMENT (INCLUDING TRANSFER TO THE FLEET RESERVE OR FLEET MARINE CORPS RESERVE), RETIRED LIST UNDER THE CONDITIONS AUTHORIZED IN PARAGRAPH 4158-1A. THE LATTER PARAGRAPH PROVIDES THAT A MEMBER UPON RETIREMENT, IN THE CIRCUMSTANCES SPECIFIED, MAY SELECT HIS HOME AND RECEIVE TRAVEL ALLOWANCES THERETO, PROVIDED THAT TRAVEL IS COMPLETED TO THE SELECTED HOME WITHIN ONE YEAR AFTER TERMINATION OF ACTIVE DUTY. IT IS FURTHER PROVIDED THAT ONCE A HOME IS SELECTED AND TRAVEL THERETO IS PERFORMED, SUCH SELECTION IS IRREVOCABLE.

PARAGRAPH 7012-1A OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT A MEMBER UPON RETIREMENT WILL BE ENTITLED TO TRANSPORTATION OF DEPENDENTS, WITHIN SPECIFIED LIMITATIONS, TO THE HOME SELECTED BY THE MEMBER FOR THE PURPOSE OF RECEIVING TRAVEL ALLOWANCES FOR HIS TRAVEL IN ACCORDANCE WITH PARAGRAPH 4158, PROVIDED SUCH TRAVEL IS COMPLETED WITHIN ONE YEAR AFTER THE MEMBER'S TERMINATION OF ACTIVE DUTY.

PARAGRAPH 8009-6A OF THE SAME REGULATIONS PROVIDES THAT A MEMBER, UPON RETIREMENT, IS ENTITLED TO SHIPMENT OF HOUSEHOLD GOODS, WITHIN SPECIFIED LIMITATIONS, TO THE HOME SELECTED BY THE MEMBER FOR THE PURPOSE OF RECEIVING TRAVEL ALLOWANCES FOR HIS TRAVEL IN ACCORDANCE WITH PARAGRAPH 4158, PROVIDED SUCH GOODS ARE TURNED OVER TO A TRANSPORTATION OFFICER OR CARRIER FOR SHIPMENT WITHIN ONE YEAR FOLLOWING TERMINATION OF ACTIVE DUTY. IT IS FURTHER PROVIDED THAT SHIPMENT OF HOUSEHOLD GOODS TO ANY PLACE OTHER THAN HOME OF SELECTION IS NOT AUTHORIZED, COMPARATIVE COST NOTWITHSTANDING.

UNDER THE APPLICABLE PROVISIONS OF THE STATUTES AND REGULATIONS THERE WAS NO AUTHORITY FOR THE SHIPMENT AT GOVERNMENT EXPENSE OF YOUR HOUSEHOLD EFFECTS INCIDENT TO YOUR RETIREMENT FROM FREDERICK, MARYLAND, TO LOUISVILLE, KENTUCKY, BECAUSE THE LATTER PLACE WAS NOT THE HOME SELECTED BY YOU UPON YOUR RETIREMENT. ON THAT BASIS, YOU WERE REQUIRED TO PAY TO THE GOVERNMENT THE COST OF SUCH UNAUTHORIZED SHIPMENT IN THE AMOUNT OF $129.50. YOUR CLAIM FOR REFUND OF THE AMOUNT SO PAID BY YOU WAS DISALLOWED BY OUR SETTLEMENT DATED FEBRUARY 19, 1960. IN YOUR REQUEST FOR REVIEW OF THAT SETTLEMENT YOUR EXPRESS THE VIEW THAT YOU ARE AT LEAST ENTITLED TO REIMBURSEMENT FOR THE COST OF SHIPPING YOUR HOUSEHOLD EFFECTS FROM FORT RITCHIE, MARYLAND, TO SAN ANTONIO, TEXAS, YOUR HOME OF SELECTION.

SINCE YOU SELECTED SAN ANTONIO, TEXAS, AS YOUR HOME FOLLOWING RETIREMENT, AND SINCE YOUR HOUSEHOLD EFFECTS WEIGHING 2,280 POUNDS WERE SHIPPED FROM FREDERICK, MARYLAND, BY WAY OF LOUISVILLE, KENTUCKY, TO SAN ANTONIO, TEXAS, WITHIN ONE YEAR FROM THE EFFECTIVE DATE OF YOUR RETIREMENT, YOU ARE ENTITLED TO REIMBURSEMENT OF THE COST OF SUCH SHIPMENT, NOT TO EXCEED THE COST HAD SHIPMENT BEEN MADE DIRECT FROM FORT RITCHIE TO SAN ANTONIO. THERE IS NO AUTHORITY TO REIMBURSE YOU FOR THE COST OF SHIPPING ANY HOUSEHOLD EFFECTS ACQUIRED AFTER THE EFFECTIVE DATE OF YOUR RETIREMENT. SEE PARAGRAPH 8000-10, JOINT TRAVEL REGULATIONS.

A SETTLEMENT WILL ISSUE FOR THE AMOUNT FOUND TO BE DUE YOU ON THE ABOVE BASIS.