B-142569, JUN. 24, 1960

B-142569, JUN. 24, 1960

TO COLONEL JOHN R. BRINDLEY, USA, RETIRED:

REFERENCE IS MADE TO YOUR ENDORSEMENT ON OUR SETTLEMENT DATED FEBRUARY 23, 1960, WHICH DISALLOWED YOUR CLAIM FOR MILEAGE AND MONETARY ALLOWANCE FOR TRAVEL PERFORMED BY YOU AND YOUR DEPENDENT (DAUGHTER) FROM FORT MCPHERSON, GEORGIA, AND BALTIMORE, MARYLAND, TO NEW YORK, NEW YORK, EN ROUTE TO ST. THOMAS, VIRGIN ISLANDS, INCIDENT TO ORDERS EFFECTING YOUR RETIREMENT FROM ACTIVE MILITARY DUTY.

SPECIAL ORDERS NO. 216 (PARAGRAPH 33), DEPARTMENT OF THE ARMY, DATED OCTOBER 29, 1958, RELIEVED YOU FROM ASSIGNMENT AND DUTY AT FORT MCPHERSON, AND PLACED YOU ON THE UNITED STATES ARMY RETIRED LIST EFFECTIVE NOVEMBER 1, 1958. THOSE ORDERS, WHICH CONSTITUTED A PERMANENT CHANGE OF STATION, AUTHORIZED YOU TO PROCEED TO YOUR "HOME OF SELECTION" AND DIRECTED THAT TRAVEL BE COMPLETED WITHIN ONE YEAR AFTER TERMINATION OF ACTIVE DUTY.

IN EXECUTING A CERTIFICATE (FORM O-1286) FOR TRAVEL ALLOWANCE PURPOSES UPON RETIREMENT YOU STATED THAT YOU DEPARTED FORT MCPHERSON, GEORGIA, ON OCTOBER 31, 1958, AND ARRIVED AT ST. THOMAS, VIRGIN ISLANDS,"HOME OF SELECTION FOR RETIREMENT," ON APRIL 14, 1959; THAT YOUR DEPENDENT DAUGHTER TRAVELED FROM BALTIMORE, MARYLAND, TO YOUR HOME OF SELECTION ON APRIL 20 AND 21, 1959; AND THAT YOUR HOUSEHOLD GOODS WERE SHIPPED AT GOVERNMENT EXPENSE FROM ATLANTA, GEORGIA, TO BALTIMORE, MARYLAND.

IN YOUR LETTER OF FEBRUARY 4, 1960, TO THE FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, YOU REITERATE THAT THE VIRGIN ISLANDS IS THE PLACE SELECTED BY YOU AS YOUR HOME UPON RETIREMENT AND YOU STATE "IN CASE THE COST OF SENDING THE FURNITURE TO BALTIMORE EXCEEDS THE COST OF SENDING IT TO THE VIRGIN ISLANDS, THE DIFFERENCE COULD BE DEDUCTED FROM MY TRAVEL PAY.' BY SETTLEMENT DATED FEBRUARY 23, 1960, OUR CLAIMS DIVISION DISALLOWED YOUR CLAIM FOR THE TRAVEL ALLOWANCE PRIMARILY FOR THE REASON THAT THERE IS NO AUTHORITY FOR SHIPMENT OF A MEMBER'S HOUSEHOLD GOODS TO ANY PLACE OTHER THAN THE HOME OF SELECTION, PAYMENT FOR TRAVEL TO ONE DESTINATION AND TRANSPORTATION TO ANOTHER IS NOT AUTHORIZED. YOUR ENDORSEMENT ON OUR SETTLEMENT OF FEBRUARY 23, 1960, STATES "OK HOW ABOUT CALLING BALTIMORE MY HOME OF RETIREMENT?

PARAGRAPH 4158-1A (CHANGE 67, DATED MARCH 1, 1958) OF THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253, PROVIDES THAT A MEMBER WHO IS RETIRED WITH PAY AFTER EIGHT OR MORE YEARS OF CONTINUOUS ACTIVE DUTY IMMEDIATELY PRECEDING RETIREMENT, MAY SELECT HIS HOME AND RECEIVE TRAVEL ALLOWANCES THERETO FROM HIS LAST DUTY STATION IN ACCORDANCE WITH PARAGRAPH 4151 OR 4159; AS APPLICABLE, PROVIDED THAT TRAVEL TO THE SELECTED HOME IS COMPLETED WITHIN ONE YEAR AFTER TERMINATION OF ACTIVE DUTY. PARAGRAPH 4159-4 OF THE REGULATIONS PROVIDES THAT WHEN TRAVEL IS FROM THE UNITED STATES TO A POINT OUTSIDE THE UNITED STATES REIMBURSEMENT IS AUTHORIZED FOR THE TRANSOCEANIC TRAVEL ONLY WHEN TRANSPORTATION VIA GOVERNMENT AIRCRAFT OR VESSEL IS NOT AVAILABLE. THE REGULATIONS (PARAGRAPH 4159-5D) ALSO PROVIDE THAT WHEN THE MEMBER'S LAST DUTY STATION IS LOCATED WITHIN THE UNITED STATES AND THE PLACE TO WHICH THE MEMBER ELECTS TO RECEIVE TRAVEL ALLOWANCES IS LOCATED OUTSIDE THE UNITED STATES, MILEAGE IS PAYABLE FOR THE OFFICIAL DISTANCE OF THE LAND TRAVEL INVOLVED FROM THE MEMBER'S LAST DUTY STATION TO THE APPROPRIATE PORT OF EMBARKATION IN THE UNITED STATES AND FROM THE FOREIGN AERIAL OR WATER PORT OF DEBARKATION NEAREST TO THE PLACE TO WHICH THE MEMBER ELECTS TO RECEIVE TRAVEL ALLOWANCES TO DESTINATION. PARAGRAPH 7012 OF THE SAME REGULATIONS PROVIDES FOR TRAVEL OF DEPENDENTS TO THE HOME SELECTED BY THE MEMBER IN ACCORDANCE WITH PARAGRAPH 4158, PROVIDED THAT SUCH TRAVEL IS COMPLETED WITHIN ONE YEAR AFTER THE MEMBER'S TERMINATION OF ACTIVE DUTY. PARAGRAPH 8009-6A (CHANGE 69) OF THE JOINT TRAVEL REGULATIONS APPLICABLE AT THE TIME OF YOUR RETIREMENT READS, IN PERTINENT PART, AS FOLLOWS:

"A. SHIPMENT TO HOME OF SELECTION AUTHORIZED. A MEMBER ON ACTIVE DUTY WHO IS * * * RETIRED WITH PAY * * * WITH 8 OR MORE YEARS OF CONTINUOUS ACTIVE DUTY IMMEDIATELY PRECEDING RETIREMENT * * * IS ENTITLED TO SHIPMENT OF HOUSEHOLD GOODS FROM HIS LAST OR ANY PREVIOUS DUTY STATION * * * TO THE HOME SELECTED BY THE MEMBER FOR THE PURPOSE OF RECEIVING TRAVEL ALLOWANCES FOR HIS TRAVEL IN ACCORDANCE WITH PAR. 4158, PROVIDED THAT SUCH GOODS ARE TURNED OVER TO A TRANSPORTATION OFFICER OR CARRIER FOR SHIPMENT WITHIN ONE YEAR FOLLOWING TERMINATION OF ACTIVE DUTY. SHIPMENT OF HOUSEHOLD GOODS TO ANY PLACE OTHER THAN HOME OF SELECTION IS NOT AUTHORIZED, COMPARATIVE COST NOTWITHSTANDING * * *.'

UNDER THE ORDERS EFFECTING YOUR RETIREMENT, THE RIGHT ACCRUED TO YOU TO SELECT A HOME OUTSIDE THE UNITED STATES, AND TO RECEIVE TRAVEL ALLOWANCES TO THE APPROPRIATE PORT OF EMBARKATION AS AUTHORIZED BY THE JOINT TRAVEL REGULATIONS. A RIGHT ALSO ACCRUED TO YOU TO HAVE YOUR HOUSEHOLD GOODS (NOT IN EXCESS OF THE PRESCRIBED WEIGHT ALLOWANCE) SHIPPED TO THE HOME OF YOUR SELECTION AT GOVERNMENT EXPENSE. ONCE A HOME IS SELECTED AND TRAVEL THERETO IS PERFORMED, SUCH SELECTION IS IRREVOCABLE. IT SEEMS CLEAR FROM THE RECORD THAT YOU SELECTED ST. THOMAS, VIRGIN ISLANDS, AS YOUR HOME UPON RETIREMENT AND THAT YOU AND YOUR DEPENDENT PERFORMED TRAVEL TO THAT HOME WITHIN THE PERIOD CONTEMPLATED BY THE REGULATIONS. ON THAT BASIS, THE VIRGIN ISLANDS MUST BE CONSIDERED AS YOUR HOME OF SELECTION UPON RETIREMENT AND YOU CANNOT NOW SELECT BALTIMORE FOR SUCH PURPOSE. HENCE, YOU ARE ENTITLED TO MILEAGE FOR YOUR TRAVEL FROM FORT MCPHERSON, GEORGIA, TO THE NEW YORK PORT OF EMBARKATION, AND A MONETARY ALLOWANCE FOR YOUR DEPENDENT'S TRAVEL FROM BALTIMORE, MARYLAND, TO THE NEW YORK PORT OF EMBARKATION.

SINCE, AS INDICATED ABOVE, THE VIRGIN ISLANDS IS YOUR HOME OF SELECTION UPON RETIREMENT, AND SINCE YOU ASSERT THAT YOUR HOUSEHOLD GOODS WERE SHIPPED AT GOVERNMENT EXPENSE FROM ATLANTA, GEORGIA, TO BALTIMORE, MARYLAND, THE GOVERNMENT IS NOT PROPERLY CHARGEABLE FOR THE TRANSPORTATION COSTS INCURRED FOR THE MOVEMENT OF YOUR HOUSEHOLD GOODS TO A POINT OTHER THAN YOUR SELECTED HOME. THEREFORE, A REQUEST IS BEING MADE UPON THE ADMINISTRATIVE OFFICE TO ASCERTAIN THE WEIGHT OF YOUR HOUSEHOLD GOODS AND THE COSTS ERRONEOUSLY PAID BY THE GOVERNMENT FOR THEIR SHIPMENT TO BALTIMORE. AS SOON AS THE CLAIM HAS BEEN PROPERLY DEVELOPED AND THE SHIPPING CHARGES DETERMINED, YOU WILL BE ADVISED. IF SUCH TRANSPORTATION CHARGES EXCEED THE SUM FOUND DUE YOU AS MILEAGE AND MONETARY ALLOWANCE FOR YOUR TRAVEL AND THAT OF YOUR DEPENDENT TO THE NEW YORK PORT OF EMBARKATION, SUCH EXCESS COST MUST BE BORNE BY YOU AND WILL BE CONSIDERED AS A DEBT DUE THE UNITED STATES. A FURTHER COMMUNICATION WILL REACH YOU AS SOON AS PRACTICABLE.