B-160109, DEC. 5, 1966

B-160109: Dec 5, 1966

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AMBERS SANDERS: FURTHER REFERENCE IS MADE TO YOUR CLAIM FOR REIMBURSEMENT FOR YOUR TRAVEL AND TRANSPORTATION OF DEPENDENTS INCIDENT TO YOUR RETIREMENT FROM THE UNITED STATES ARMY. THE RECORD SHOWS THAT YOU WERE RELEASED FROM ACTIVE DUTY EFFECTIVE MAY 8. OUR CLAIMS DIVISION DISALLOWED THIS CLAIM FOR THE REASON THAT IT APPEARED FROM THE RECORD THAT THE TRAVEL TO MELVILLE WAS FOR THE PURPOSE OF A VISIT AND NOT TO ESTABLISH A BONA FIDE RESIDENCE. IS FOR REIMBURSEMENT FOR YOUR TRAVEL FROM WASHINGTON. A MEMBER OF A UNIFORMED SERVICE WHO IS RETIRED. A MEMBER IS ENTITLED TO TRANSPORTATION OF HIS DEPENDENTS TO THE HOME SELECTED BY HIM. YOU ARE ENTITLED TO REIMBURSEMENT FOR YOUR TRAVEL AND THE TRANSPORTATION OF YOUR DEPENDENTS PERFORMED INCIDENT TO YOUR RETIREMENT.

B-160109, DEC. 5, 1966

TO MR. AMBERS SANDERS:

FURTHER REFERENCE IS MADE TO YOUR CLAIM FOR REIMBURSEMENT FOR YOUR TRAVEL AND TRANSPORTATION OF DEPENDENTS INCIDENT TO YOUR RETIREMENT FROM THE UNITED STATES ARMY.

THE RECORD SHOWS THAT YOU WERE RELEASED FROM ACTIVE DUTY EFFECTIVE MAY 8, 1963, AT WALTER REED ARMY MEDICAL CENTER, WASHINGTON, D.C., AND PLACED ON THE RETIRED LIST THE FOLLOWING DAY. YOU ORIGINALLY FILED CLAIM FOR YOUR TRAVEL FROM THERE AND THE TRANSPORTATION OF DEPENDENTS FROM PETERSBURG, VIRGINIA, TO MELVILLE, LOUISIANA, YOUR HOME OF RECORD, ON MAY 8 AND 9, 1963. ON AUGUST 25, 1964, OUR CLAIMS DIVISION DISALLOWED THIS CLAIM FOR THE REASON THAT IT APPEARED FROM THE RECORD THAT THE TRAVEL TO MELVILLE WAS FOR THE PURPOSE OF A VISIT AND NOT TO ESTABLISH A BONA FIDE RESIDENCE. YOUR CLAIM DATED JULY 8, 1966, IS FOR REIMBURSEMENT FOR YOUR TRAVEL FROM WASHINGTON, D.C., AND TRANSPORTATION OF DEPENDENTS FROM ARLINGTON, VIRGINIA, TO PETERSBURG, VIRGINIA, ON MAY 8 AND 9, 1963.

SECTION 404 OF TITLE 37, U.S.C. PROVIDES THAT, UNDER UNIFORM REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, A MEMBER OF A UNIFORMED SERVICE WHO IS RETIRED, UNDER THE CIRCUMSTANCES IN YOUR CASE, MAY SELECT HIS HOME FOR THE PURPOSES OF TRAVEL AND TRANSPORTATION ALLOWANCES PAYABLE UNDER THAT SECTION. SECTION 406 OF THE SAME TITLE SIMILARLY PROVIDES THAT, UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, A MEMBER IS ENTITLED TO TRANSPORTATION OF HIS DEPENDENTS TO THE HOME SELECTED BY HIM. UNDER THE PROVISIONS OF PARAGRAPHS M4158-1A AND M7010-1A (FORMERLY M7012- 1A) OF THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THOSE SECTIONS, YOU ARE ENTITLED TO REIMBURSEMENT FOR YOUR TRAVEL AND THE TRANSPORTATION OF YOUR DEPENDENTS PERFORMED INCIDENT TO YOUR RETIREMENT, UNLESS YOUR RIGHT TO SUCH REIMBURSEMENT WOULD BE SUBJECT TO FORFEITURE BY THE COURT OF CLAIMS BECAUSE OF A FALSE STATEMENT IN YOUR ORIGINAL CLAIM FOR REIMBURSEMENT.

IN YOUR ORIGINAL CLAIM, YOU STATED THAT YOU AND YOUR DEPENDENTS TRAVELED TO YOUR HOME OF SELECTION AT MELVILLE, LOUISIANA, ON MAY 8 AND 9, 1963, AND IN YOUR SECOND CLAIM YOU STATED THAT YOU AND YOUR DEPENDENTS TRAVELED TO YOUR HOME OF SELECTION AT PETERSBURG, VIRGINIA, ON THE SAME DATES. IS OBVIOUS THAT ONE OF THE CLAIMS CONTAINS AN INCORRECT STATEMENT. WE ARE UNABLE TO DETERMINE ON THE PRESENT RECORD WHETHER YOU INTENDED TO ESTABLISH YOUR RESIDENCE AT MELVILLE, LOUISIANA, OR PETERSBURG, VIRGINIA, WHEN YOU WERE RETIRED FROM THE ARMY AND TO WHICH PLACE YOU AND YOUR DEPENDENTS PROCEEDED ON MAY 8 AND 9, 1963.

CLAIMS AGAINST THE UNITED STATES MUST BE BASED ON TRUE FACTS, AND IT IS INCUMBENT UPON THE CLAIMANT TO FURNISH EVIDENCE SATISFACTORILY ESTABLISHING THE CLEAR LIABILITY OF THE UNITED STATES TO PAY THE CLAIM. WHERE A CLAIM IS OF DOUBTFUL VALIDITY IT IS THE PRACTICE OF THIS OFFICE TO DENY PAYMENT AND LEAVE THE CLAIMANT TO HIS REMEDY IN THE COURTS UNDER THE PRINCIPLES OF LONGVILL V. UNITED STATES, 17 CT.CL. 288, AND CHARLES V. UNITED STATES, 19 CT.CL. 316. IN THESE CIRCUMSTANCES YOUR CLAIM IS TOO DOUBTFUL FOR PAYMENT BY THIS OFFICE.

ACCORDINGLY, THE SETTLEMENT OF AUGUST 25, 1964, DISALLOWING YOUR CLAIM MUST BE SUSTAINED.