B-147607, JAN. 8, 1962

B-147607: Jan 8, 1962

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GORDON: FURTHER REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 31. YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT THE TRAVEL WAS PERFORMED MORE THAN ONE YEAR AFTER YOUR HUSBAND'S DEATH. YOU SAY THAT YOU WERE ADVISED BY CASUALTY ASSISTANCE AT MCGUIRE AIR FORCE BASE. THAT IN YOUR CASE IT WAS NOT NECESSARY FOR YOU TO LEAVE LAKEWOOD BEFORE THE EXPIRATION OF ONE YEAR AFTER THE DEATH OF YOUR HUSBAND. YOU SAY THAT IN VIEW OF THAT INFORMATION YOU AWAITED THE ARRIVAL OF YOUR VA CHECK SO THAT YOU WOULD HAVE MONEY ON THE TRAIN AND WHEN YOU ARRIVED AT YOUR DESTINATION. YOU WOULD HAVE LEFT EARLIER. IT APPEARS THAT YOUR HOUSEHOLD GOODS WERE PICKED UP AND YOUR RAILROAD TICKETS PURCHASED ON FEBRUARY 23. ARE GOVERNED BY THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949.

B-147607, JAN. 8, 1962

TO MRS. GENEVIEVE L. GORDON:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 31, 1961, REQUESTING RECONSIDERATION OF THE SETTLEMENT DATED OCTOBER 24, 1961, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL PERFORMED BY YOU AND YOUR CHILDREN FROM LAKEWOOD, NEW JERSEY, TO YAKIMA, WASHINGTON, DURING THE PERIOD MARCH 3 TO MARCH 6, 1961, INCIDENT TO THE DEATH OF YOUR HUSBAND, MASTER SERGEANT WILLIAM L. GORDON, ON FEBRUARY 25, 1960, WHILE SERVING IN THE UNITED STATES AIR FORCE.

YOUR CLAIM WAS DISALLOWED FOR THE REASON THAT THE TRAVEL WAS PERFORMED MORE THAN ONE YEAR AFTER YOUR HUSBAND'S DEATH. YOU SAY THAT YOU WERE ADVISED BY CASUALTY ASSISTANCE AT MCGUIRE AIR FORCE BASE, NEW JERSEY, THAT IN YOUR CASE IT WAS NOT NECESSARY FOR YOU TO LEAVE LAKEWOOD BEFORE THE EXPIRATION OF ONE YEAR AFTER THE DEATH OF YOUR HUSBAND. ALSO, YOU SAY THAT IN VIEW OF THAT INFORMATION YOU AWAITED THE ARRIVAL OF YOUR VA CHECK SO THAT YOU WOULD HAVE MONEY ON THE TRAIN AND WHEN YOU ARRIVED AT YOUR DESTINATION, BUT THAT HAD YOU BEEN ADVISED CORRECTLY, YOU WOULD HAVE LEFT EARLIER. IT APPEARS THAT YOUR HOUSEHOLD GOODS WERE PICKED UP AND YOUR RAILROAD TICKETS PURCHASED ON FEBRUARY 23, 1961.

THE TRAVEL OF DEPENDENTS OF MEMBERS OF THE UNIFORMED SERVICES, AND THE MOVEMENT OF THEIR HOUSEHOLD EFFECTS, ARE GOVERNED BY THE 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. SINCE YOUR HOUSEHOLD GOODS WERE TURNED OVER TO A CARRIER FOR SHIPMENT FEBRUARY 23, 1961, SUCH 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 WAS NOT PERFORMED BY YOU AND YOUR CHILDREN WITHIN ONE YEAR OF YOUR HUSBAND'S DEATH AS REQUIRED BY THE REGULATIONS, WE REGRET TO INFORM YOU THAT THERE IS NO BASIS FOR THE PAYMENT OF YOUR CLAIM.

WHILE IT IS UNFORTUNATE THAT BECAUSE OF ADVICE RECEIVED AT MCGUIRE AIR FORCE BASE YOU WERE LED TO BELIEVE THAT YOU COULD BE REIMBURSED FOR TRAVEL PERFORMED AFTER FEBRUARY 25, 1961, THAT CIRCUMSTANCES MAY NOT BE CONSIDERED TO PROVIDE A BASIS FOR THE ALLOWANCE OF YOUR CLAIM. ACCORDINGLY, WE HAVE NO ALTERNATIVE BUT TO SUSTAIN THE SETTLEMENT OF OCTOBER 23, 1961.