B-163059, APR. 25, 1968

B-163059: Apr 25, 1968

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YOUR CLAIM WAS DISALLOWED PRIMARILY UPON THE GROUNDS THAT THE FACTS IN YOUR CASE TEND TO SHOW THAT YOU HAD CHOSEN TUCSON. YOUR HOUSEHOLD GOODS AND EFFECTS WHICH NORMALLY ARE CONSIGNED BY AN EMPLOYEE TO HIS PLACE OF ACTUAL RESIDENCE WERE SHIPPED FROM OKINAWA ADDRESSED TO YOU. SUBSEQUENTLY WERE MOVED TO THE DWELLING UNIT PURCHASED BY YOU IN THE VERDE MEADOWS DEVELOPMENT WHERE APPARENTLY YOU STILL RESIDE. 4. YOU URGE THAT YOU HAD AND STILL DO NOT HAVE ANY INTENTION OF PERMANENTLY RESIDING IN TUCSON BUT INTEND TO REESTABLISH YOUR FORMER RESIDENCE IN FLORIDA. WAS AN ALTERNATE LOCATION AND YOUR PLACE OF ACTUAL RESIDENCE IMMEDIATELY FOLLOWING YOUR RETURN TO THE UNITED STATES FROM OKINAWA. IS SUSTAINED.

B-163059, APR. 25, 1968

TO MR. ROBERT B. BYERS:

YOUR LETTER OF MARCH 26, 1968, REQUESTS OUR REVIEW OF GENERAL ACCOUNTING OFFICE SETTLEMENT OF MARCH 22, 1968, WHICH DISALLOWED YOUR CLAIM FOR TRAVEL AND TRANSPORTATION EXPENSES REPORTEDLY INCURRED BY YOU IN TRAVELING BETWEEN TUCSON, ARIZONA, AND VENICE, FLORIDA, INCIDENT TO YOUR RETIREMENT FROM THE SERVICE OF THE DEPARTMENT OF THE ARMY IN OKINAWA.

YOUR CLAIM WAS DISALLOWED PRIMARILY UPON THE GROUNDS THAT THE FACTS IN YOUR CASE TEND TO SHOW THAT YOU HAD CHOSEN TUCSON, ARIZONA, AS AN ALTERNATE LOCATION AND YOUR PLACE OF ACTUAL RESIDENCE AT THE TIME OF YOUR RETURN TO THE CONTINENTAL UNITED STATES FROM YOUR OVERSEAS POST.

THE RECORD IN YOUR CASE BEFORE OUR OFFICE REVEALS THE FOLLOWING FACTS CONCERNING THE ESTABLISHMENT BY YOU OF AN ABODE IN TUCSON:

1. FOR ABOUT A YEAR PRIOR TO YOUR DEPARTURE FROM OKINAWA YOU CORRESPONDED WITH MR. SAM WITT OF THE VERDE MEADOWS TOWN HOUSE APARTMENTS, TUCSON, ARIZONA, RELATIVE TO PURCHASING A DWELLING IN TUCSON.

2. AFTER YOUR ARRIVAL IN SAN FRANCISCO FROM OKINAWA ON AUGUST 1, 1966, YOU TRAVELED DIRECTLY TO TUCSON, ARIZONA, AND REPORTEDLY ON AUGUST 7, 1966, PURCHASED A DWELLING UNIT IN THE VERDE MEADOWS DEVELOPMENT.

3. YOUR HOUSEHOLD GOODS AND EFFECTS WHICH NORMALLY ARE CONSIGNED BY AN EMPLOYEE TO HIS PLACE OF ACTUAL RESIDENCE WERE SHIPPED FROM OKINAWA ADDRESSED TO YOU, IN CARE OF MR. SAM WITT, VERDE MEADOWS TOWN HOUSE, 1338 EAST IRVINGTON ROAD, TUCSON, ARIZONA, AND SUBSEQUENTLY WERE MOVED TO THE DWELLING UNIT PURCHASED BY YOU IN THE VERDE MEADOWS DEVELOPMENT WHERE APPARENTLY YOU STILL RESIDE.

4. SOME MONTHS AFTER YOUR ARRIVAL IN TUCSON, YOU AND MRS. BYERS TRAVELED TO THE EAST COAST BUT THEREAFTER RETURNED TO YOUR ABODE IN TUCSON.

YOU URGE THAT YOU HAD AND STILL DO NOT HAVE ANY INTENTION OF PERMANENTLY RESIDING IN TUCSON BUT INTEND TO REESTABLISH YOUR FORMER RESIDENCE IN FLORIDA. WE FIND IN THE RECORD CERTAIN SUPPORT FOR YOUR CONTENTION AND DO NOT DISPUTE THAT POINT. HOWEVER, WE BELIEVE THAT THE ABOVE-ENUMERATED FACTS IN YOUR CASE CONCLUSIVELY ESTABLISH THAT TUCSON, ARIZONA, WAS AN ALTERNATE LOCATION AND YOUR PLACE OF ACTUAL RESIDENCE IMMEDIATELY FOLLOWING YOUR RETURN TO THE UNITED STATES FROM OKINAWA.

UPON REVIEW OUR OFFICE SETTLEMENT OF MARCH 22, 1968, IS SUSTAINED.

HOWEVER, UPON CONSIDERATION OF ALL THE FACTS AND CIRCUMSTANCES NOW OF RECORD IN YOUR CASE, OUR OFFICE WILL NOT TAKE ACTION TO COLLECT THE DIFFERENCE BETWEEN THE SUM ALLOWED YOU BY THE ADMINISTRATIVE AGENCY ($685.40) AND THE SUM ($490.00) REFERRED TO IN OUR CLAIMS SETTLEMENT.