B-147410, DEC. 12, 1961

B-147410: Dec 12, 1961

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COLLINS: REFERENCE IS MADE TO YOUR LETTER POSTMARKED OCTOBER 6. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT THE TRAVEL WAS PERFORMED MORE THAN ONE YEAR AFTER YOUR HUSBAND'S DEATH. IN YOUR PRESENT LETTER YOU SAY THAT WHEN YOU CONTACTED MARINE CORPS HEADQUARTERS IN MARCH RELATIVE TO MOVING YOUR HOUSEHOLD EFFECTS YOU WERE ADVISED THAT YOU HAD UNTIL JUNE 15. THAT YOUR EFFECTS WERE PACKED ON JUNE 14. THAT SINCE IT WAS 5 A.M. IS GOVERNED BY JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949. YOUR HOUSEHOLD EFFECTS WERE TURNED OVER TO A CARRIER FOR SHIPMENT ON JUNE 15. SO THEIR SHIPMENT AT GOVERNMENT EXPENSE WAS PROPER. IS REQUIRED TO BE PERFORMED WITHIN THE TIME LIMIT IN WHICH THE MEMBER HIMSELF WOULD HAVE HAD TO PERFORM TRAVEL TO A SELECTED HOME UPON TERMINATION OF ACTIVE SERVICE UNDER PARAGRAPH 4158 OF THE SAME REGULATIONS.

B-147410, DEC. 12, 1961

TO MRS. MARGARET F. COLLINS:

REFERENCE IS MADE TO YOUR LETTER POSTMARKED OCTOBER 6, 1961, IN EFFECT REQUESTING REVIEW OF THE SETTLEMENT OF SEPTEMBER 29, 1961, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL PERFORMED BY YOU AND YOUR CHILDREN FROM ALEXANDRIA, VIRGINIA, TO JACKSONVILLE, NORTH CAROLINA, ON JUNE 16, 1961, INCIDENT TO THE DEATH OF YOUR HUSBAND WHILE SERVING ON ACTIVE DUTY AS MAJOR, U.S. MARINE CORPS RESERVE.

THE RECORD SHOWS THAT YOUR HUSBAND DIED ON JUNE 15, 1960. THE TRAVEL CLAIM WHICH YOU EXECUTED ON AUGUST 11, 1961, SHOWS THAT YOU DEPARTED ALEXANDRIA ON JUNE 16, 1961, AND ARRIVED AT JACKSONVILLE ON THE SAME DAY. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT THE TRAVEL WAS PERFORMED MORE THAN ONE YEAR AFTER YOUR HUSBAND'S DEATH. IN YOUR PRESENT LETTER YOU SAY THAT WHEN YOU CONTACTED MARINE CORPS HEADQUARTERS IN MARCH RELATIVE TO MOVING YOUR HOUSEHOLD EFFECTS YOU WERE ADVISED THAT YOU HAD UNTIL JUNE 15, 1961, TO MAKE THE MOVE; THAT YOUR EFFECTS WERE PACKED ON JUNE 14, 1961, AND PICKED UP BY A REPRESENTATIVE OF A COMMERCIAL CARRIER THE NEXT DAY. YOU SAY, HOWEVER, THAT SINCE IT WAS 5 A.M. BEFORE THEY FINISHED YOU TOOK THE CHILDREN TO A NEARBY MOTEL FOR THE NIGHT AND PROCEEDED THE NEXT MORNING TO JACKSONVILLE. THEREFORE, YOU BELIEVE YOUR CLAIM SHOULD BE PAID.

THE TRAVEL OF DEPENDENTS OF MEMBERS OF THE UNIFORMED SERVICES, AND THE MOVEMENT OF THEIR HOUSEHOLD EFFECTS, IS GOVERNED BY JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 37 U.S.C. 253 (C). PARAGRAPH 7010 OF THOSE REGULATIONS AUTHORIZES TRAVEL OF DEPENDENTS TO A DESIGNATED PLACE UPON THE DEATH OF THE MEMBER, AND PARAGRAPH 8351 AUTHORIZES THE SHIPMENT OF HOUSEHOLD EFFECTS UPON HIS DEATH. PARAGRAPH 8353 PROVIDES THAT HOUSEHOLD EFFECTS MAY BE SHIPPED IF TURNED OVER TO A CARRIER FOR SHIPMENT WITHIN ONE YEAR FROM DATE OF DEATH. YOUR HOUSEHOLD EFFECTS WERE TURNED OVER TO A CARRIER FOR SHIPMENT ON JUNE 15, 1961, AND SO THEIR

SHIPMENT AT GOVERNMENT EXPENSE WAS PROPER. THE DEPENDENTS' TRAVEL, HOWEVER, IS REQUIRED TO BE PERFORMED WITHIN THE TIME LIMIT IN WHICH THE MEMBER HIMSELF WOULD HAVE HAD TO PERFORM TRAVEL TO A SELECTED HOME UPON TERMINATION OF ACTIVE SERVICE UNDER PARAGRAPH 4158 OF THE SAME REGULATIONS. THAT PARAGRAPH REQUIRES THAT THE TRAVEL BE "COMPLETED" WITHIN ONE YEAR. SEE 36 COMP. GEN. 781. SINCE THE TRAVEL PERFORMED BY YOU AND THE CHILDREN WAS NOT COMPLETED WITHIN ONE YEAR OF YOUR HUSBAND'S DEATH AS REQUIRED BY THE REGULATIONS, THERE IS NO BASIS FOR THE PAYMENT OF YOUR CLAIM, FOR THAT REASON THE SETTLEMENT OF SEPTEMBER 29, 1961, IS SUSTAINED.