B-156820, JUN. 4, 1965

B-156820: Jun 4, 1965

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HENRY MCWEENY: FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 30. HAS REPORTED THAT AT THE TIME OF YOUR RELEASE FROM ACTIVE DUTY IN OCTOBER 1962 YOU WERE PAID TRAVEL ALLOWANCE ON DA FORM 2139. DISALLOWED YOUR CLAIM FOR THE REASON THAT YOUR HOUSEHOLD GOODS WERE STORED AT GOVERNMENT EXPENSE AT WATERTOWN. YOU ARE NOT ENTITLED TO SHIPMENT OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSE SINCE YOUR HOUSEHOLD GOODS WERE AT THE PLACE TO WHICH SHIPMENT WAS AUTHORIZED. YOU SAY THAT YOU WERE PAID MILEAGE TO WATERTOWN BUT THAT YOU REQUESTED MILEAGE ONLY TO WINONA. PROVIDES THAT A MEMBER OF A UNIFORMED SERVICE WHO IS ORDERED TO MAKE A CHANGE OF PERMANENT STATION IS ENTITLED TO TRANSPORTATION (INCLUDING PACKING.

B-156820, JUN. 4, 1965

TO MR. HENRY MCWEENY:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF APRIL 30, 1965, AND ENCLOSURES, REQUESTING RECONSIDERATION OF SETTLEMENT DATED APRIL 20, 1965, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF THE COST OF SHIPPING YOUR HOUSEHOLD GOODS FROM WATERTOWN, WISCONSIN, TO SPRING VALLEY, MINNESOTA, INCIDENT TO YOUR RELEASE FROM ACTIVE DUTY IN THE UNITED STATES ARMY.

THE ARMY FINANCE CENTER, INDIANAPOLIS, INDIANA, HAS REPORTED THAT AT THE TIME OF YOUR RELEASE FROM ACTIVE DUTY IN OCTOBER 1962 YOU WERE PAID TRAVEL ALLOWANCE ON DA FORM 2139, MILITARY PAY VOUCHER, IN THE AMOUNT OF $127.74 FOR A DISTANCE OF 2,129 MILES FROM FORT LEWIS, WASHINGTON, TO WATERTOWN, WISCONSIN, YOUR HOME OF RECORD. THE SETTLEMENT OF APRIL 20, 1965, DISALLOWED YOUR CLAIM FOR THE REASON THAT YOUR HOUSEHOLD GOODS WERE STORED AT GOVERNMENT EXPENSE AT WATERTOWN, WISCONSIN, THE PLACE TO WHICH YOU ELECTED TO RECEIVE TRAVEL ALLOWANCES FOR TRAVEL UNDER THE PROVISIONS OF PARAGRAPH 4157 OF THE JOINT TRAVEL REGULATIONS, AND YOU ARE NOT ENTITLED TO SHIPMENT OF HOUSEHOLD GOODS AT GOVERNMENT EXPENSE SINCE YOUR HOUSEHOLD GOODS WERE AT THE PLACE TO WHICH SHIPMENT WAS AUTHORIZED. IN YOUR LETTER OF APRIL 30, 1965, YOU SAY THAT YOU WERE PAID MILEAGE TO WATERTOWN BUT THAT YOU REQUESTED MILEAGE ONLY TO WINONA, MINNESOTA. YOU ENCLOSED A COPY OF DD FORM 766 IN YOUR LETTER SHOWING A PAYMENT FOR TRAVEL FROM FORT LEWIS, WASHINGTON, TO WATERTOWN INVOLVING A DISTANCE OF 1,795 MILES, AND YOU SUGGEST THAT THE DISTANCE TO WATERTOWN WOULD BE CONSIDERABLY GREATER THAN THAT FIGURE.

SECTION 406 OF TITLE 37, U.S.C. PROVIDES THAT A MEMBER OF A UNIFORMED SERVICE WHO IS ORDERED TO MAKE A CHANGE OF PERMANENT STATION IS ENTITLED TO TRANSPORTATION (INCLUDING PACKING, CRATING, DRYAGE, TEMPORARY STORAGE, AND UNPACKING) OF BAGGAGE AND HOUSEHOLD EFFECTS, OR REIMBURSEMENT THEREFOR, TO AND FROM SUCH PLACES AS MAY BE PRESCRIBED BY THE SECRETARIES CONCERNED. PARAGRAPH 8259-1 OF THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THAT AUTHORITY, PROVIDES THAT A MEMBER ON ACTIVE DUTY WHO IS RELIEVED THEREFROM IS ENTITLED TO SHIPMENT OF HOUSEHOLD GOODS FROM THE MEMBER'S LAST OR ANY PREVIOUS DUTY STATION, FROM A DESIGNATED PLACE IN THE UNITED STATES, OR FROM PLACE OF STORAGE, OR ANY COMBINATION THEREOF, TO THE PLACE TO WHICH THE MEMBER ELECTS TO RECEIVE TRAVEL ALLOWANCES FOR HIS TRAVEL UNDER THE PROVISIONS OF PARAGRAPH 4157 OF THOSE REGULATIONS. PARAGRAPH 4157 LA PROVIDES THAT A MEMBER ON ACTIVE DUTY WHO IS RELIEVED THEREFROM WILL BE ENTITLED TO MILEAGE FROM HIS LAST DUTY STATION TO HIS HOME OF RECORD OR THE PLACE FROM WHICH HE WAS ORDERED TO ACTIVE DUTY, AS THE MEMBER MAY ELECT.

THE DD FORM 766 SUBMITTED WITH YOUR LETTER OF APRIL 30, 1965, SHOWS THAT YOU REQUESTED TRANSPORTATION OF YOUR DEPENDENTS FROM TACOMA, WASHINGTON, TO WINONA, MINNESOTA, FOR THEIR TRAVEL BETWEEN THOSE POINTS, PERFORMED DURING THE PERIOD OCTOBER 8 TO 14, 1962, AND THAT YOU WERE PAID $215.40 (1,795 MILES AT 12 CENTS PER MILE) FOR THEIR TRANSPORTATION INCIDENT TO THAT TRAVEL. ENTITLEMENT FOR DEPENDENTS' TRAVEL IS FOR THE DISTANCE THEY ACTUALLY TRAVELED, NOT TO EXCEED THE DISTANCE TO THE PLACE ELECTED BY THE MEMBER FOR TRAVEL ALLOWANCE IN HIS OWN RIGHT. THE ALLOWANCE INDICATED FOR YOUR DEPENDENTS REPRESENTED TRAVEL TO WINONA, THE REFERENCE TO WATERTOWN BEING AN INADVERTENCE. THE DD FORM 766 DOES NOT SHOW THAT YOU REQUESTED TRAVEL ALLOWANCE FOR YOURSELF TO WINONA, MINNESOTA. SINCE THE RECORD SHOWS THAT YOU WERE PAID TRAVEL ALLOWANCE FROM FORT LEWIS TO WATERTOWN, WISCONSIN, YOUR HOME OF RECORD, AND PAYMENT OF THAT ALLOWANCE IS NECESSARILY BASED ON THE ELECTION OF THE MEMBER UNDER PARAGRAPH 4157 1A, IT MUST BE ASSUMED THAT YOU DID ELECT AND WERE PROPERLY PAID FOR TRAVEL TO THAT CITY. SINCE YOUR HOUSEHOLD GOODS WERE STORED AT WATERTOWN, WISCONSIN, WHERE YOU WERE ENTITLED TO HAVE THEM SHIPPED UPON RELIEF FROM ACTIVE DUTY, THERE IS NOT AUTHORITY TO SHIP THEM TO ANOTHER PLACE AT GOVERNMENT EXPENSE.

ACCORDINGLY, THE SETTLEMENT OF APRIL 20, 1965, DISALLOWING YOUR CLAIM MUST BE AND IS SUSTAINED.

WITH REGARD TO THE INFORMATION YOU WERE FURNISHED AT FORT LEWIS THAT YOU COULD NOT CHANGE YOUR HOME OF RECORD ALTHOUGH YOU WERE NO LONGER A RESIDENT OF WATERTOWN, WISCONSIN, PARAGRAPH 1150-3A OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT THE TERM "HOME OF RECORD" MEANS THE PLACE RECORDED AS THE HOME OF THE INDIVIDUAL WHEN COMMISSIONED, REINSTATED, APPOINTED, REAPPOINTED, ENLISTED, REENLISTED, INDUCTED, OR ORDERED INTO THE RELEVANT TOUR OF ACTIVE DUTY. THAT PARAGRAPH ALSO PROVIDES THAT TRAVEL AND TRANSPORTATION ALLOWANCES WILL BE BASED ON THE OFFICIALLY CORRECTED RECORDING IN THOSE INSTANCES WHEN, THROUGH A BONA FIDE ERROR, THE PLACE ORIGINALLY NAMED AT TIME OF CURRENT ENTRY INTO THE SERVICE WAS NOT IN FACT THE ACTUAL HOME, AND ANY SUCH CORRECTION MUST BE FULLY JUSTIFIED AND THE HOME, AS CORRECTED, MUST BE THE ACTUAL HOME OF THE MEMBER UPON ENTERING THE SERVICE, AND NOT A DIFFERENT PLACE SELECTED FOR HIS CONVENIENCE.