B-163248, MAR. 19, 1968

B-163248: Mar 19, 1968

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DOLLAHON: REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 17. SINCE YOUR CLAIM WAS DISALLOWED BY OUR CLAIMS DIVISION SETTLEMENT DATED DECEMBER 6. YOUR LETTERS WILL BE CONSIDERED AS IN THE NATURE OF A REQUEST FOR RECONSIDERATION OF THE SETTLEMENT. A-32 WAS ISSUED MAY 9. INCLUDING THE STATEMENT THAT NEWPORT NEWS WAS YOUR HOME OF SELECTION. WERE TRUE AND COMPLETE. YOU CONTENDED THAT AT NO TIME WERE YOU BRIEFED ON YOUR TRAVEL ENTITLEMENT INCIDENT TO RETIREMENT AND THAT UPON YOUR RETURN TO HAMPTON YOU SUBMITTED A TRAVEL VOUCHER FOR TRAVEL TO YOUR HOME BECAUSE IT WAS YOUR BELIEF THAT YOU WERE ENTITLED TO RETURN TO THE LOCATION WHERE YOU HAD LEFT YOUR FAMILY. YOUR CLAIM WAS STATED AS FOR TRAVEL FROM TRAVIS AIR FORCE BASE TO N-DOLA.

B-163248, MAR. 19, 1968

TO LIEUTENANT COLONEL JACK W. DOLLAHON:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 17, 1967, FORWARDED FOR OUR CONSIDERATION BY HEADQUARTERS, AIR FORCE ACCOUNTING AND FINANCE CENTER, DENVER, COLORADO, AND TO YOUR LETTER OF FEBRUARY 15, 1968, TO OUR CLAIMS DIVISION, BOTH RELATING TO YOUR CLAIM FOR TRAVEL ALLOWANCES FOR TRAVEL PERFORMED FROM TRAVIS AIR FORCE BASE, CALIFORNIA, TO N-DOLA, ZAMBIA, AFRICA, INCIDENT TO YOUR RETIREMENT FROM THE UNITED STATES AIR FORCE PURSUANT TO ORDERS DATED APRIL 29, 1966. SINCE YOUR CLAIM WAS DISALLOWED BY OUR CLAIMS DIVISION SETTLEMENT DATED DECEMBER 6, 1967, YOUR LETTERS WILL BE CONSIDERED AS IN THE NATURE OF A REQUEST FOR RECONSIDERATION OF THE SETTLEMENT.

UNDER RETIREMENT ORDERS AC-10483, DEPARTMENT OF THE AIR FORCE, WASHINGTON, D.C., DATED APRIL 29, 1966, WHICH SHOWED YOUR MAILING ADDRESS AS HAMPTON, VIRGINIA, SPECIAL ORDER NO. A-32 WAS ISSUED MAY 9, 1966, TO DIRECT YOUR TRANSFER FROM YOUR OVERSEA STATION TO TRAVIS AIR FORCE BASE, CALIFORNIA, FOR RETIREMENT TO BE EFFECTIVE JULY 1, 1966. THE ORDERS OF APRIL 29, 1966, DIRECTED THAT YOU PROCEED TO HOME OF SELECTION. TRAVEL VOUCHER NO. T 3332, DATED JULY 21, 1966, EVIDENCES PAYMENT OF MILEAGE FOR YOUR TRAVEL PERFORMED JULY 1-2, 1966, FROM TRAVIS AIR FORCE BASE, CALIFORNIA, TO NEWPORT NEWS, VIRGINIA. THE VOUCHER SHOWS NEWPORT NEWS, VIRGINIA, AS HOME OF SELECTION. YOU CERTIFIED ON THE VOUCHER THAT STATEMENTS THEREON, INCLUDING THE STATEMENT THAT NEWPORT NEWS WAS YOUR HOME OF SELECTION, WERE TRUE AND COMPLETE.

YOU CONTENDED THAT AT NO TIME WERE YOU BRIEFED ON YOUR TRAVEL ENTITLEMENT INCIDENT TO RETIREMENT AND THAT UPON YOUR RETURN TO HAMPTON YOU SUBMITTED A TRAVEL VOUCHER FOR TRAVEL TO YOUR HOME BECAUSE IT WAS YOUR BELIEF THAT YOU WERE ENTITLED TO RETURN TO THE LOCATION WHERE YOU HAD LEFT YOUR FAMILY, PENDING SELECTION OF A HOME WITHIN ONE YEAR FROM DATE OF RETIREMENT. YOU INDICATED THAT AFTER A SEARCH OF ABOUT TWO MONTHS, YOU OBTAINED EMPLOYMENT WITH LOCKHEED AIRCRAFT INTERNATIONAL AS A PILOT FLYING OUT OF N-DOLA, ZAMBIA, AFRICA, AND THAT YOU DEPARTED FROM HAMPTON, VIRGINIA, ON SEPTEMBER 10, 1966.

YOU STATED FURTHER THAT YOU ARRANGED FOR YOUR WIFE'S TRAVEL WITH HER BAGGAGE TO N-DOLA AT GOVERNMENT EXPENSE AND HAD YOUR HOUSEHOLD EFFECTS PLACED IN STORAGE AT HAMPTON, AND THAT SHE ARRIVED ON DECEMBER 7, 1966. FOR THE ABOVE REASONS YOU REQUESTED IN LETTER OF JUNE 30, 1967, THAT N- DOLA, ZAMBIA, AFRICA, BE APPROVED AS YOUR HOME OF SELECTION UPON RETIREMENT, AND THAT A TIME EXTENSION BE GRANTED TO PERMIT SHIPMENT OF YOUR PRIVATELY OWNED AUTOMOBILE AND SOME OF YOUR HOUSEHOLD GOODS FROM STORAGE TO THE PLACE SELECTED.

INASMUCH AS YOU HAD PREVIOUSLY BEEN PAID FOR YOUR TRAVEL TO NEWPORT NEWS, VIRGINIA, YOUR CLAIM WAS STATED AS FOR TRAVEL FROM TRAVIS AIR FORCE BASE TO N-DOLA, LESS THAT PREVIOUSLY RECEIVED. BY SETTLEMENT DATED DECEMBER 6, 1967, YOUR CLAIM WAS DISALLOWED FOR THE REASONS STATED.

THE PERTINENT STATUTE, 37 U.S.C. 404, PROVIDES THAT, UNDER UNIFORM REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, A MEMBER OF THE UNIFORMED SERVICES WHO IS RETIRED IN CIRCUMSTANCES SUCH AS YOURS MAY SELECT HIS HOME FOR THE PURPOSE OF TRAVEL AND TRANSPORTATION ALLOWANCES PAYABLE UNDER THAT SECTION. REGULATIONS ISSUED PURSUANT TO THAT AUTHORITY ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS.

PARAGRAPH M1150-3 (B) OF THE REGULATIONS DEFINES THE TERM "HOME OF SELECTION" TO MEAN THE PLACE SELECTED BY A MEMBER AS HIS HOME UPON RETIREMENT. PARAGRAPH M4158-1A OF THE REGULATIONS PROVIDES THAT A MEMBER UPON RETIREMENT MAY SELECT HIS HOME AND RECEIVE TRAVEL ALLOWANCE THERETO, BUT THAT TRAVEL TO THE SELECTED PLACE MUST BE PERFORMED WITHIN ONE YEAR AFTER THE TERMINATION OF ACTIVE DUTY, AND ONCE A HOME IS SELECTED AND TRAVEL ALLOWANCE RECEIVED FOR TRAVEL OR TRANSPORTATION TO SUCH PLACE, SUCH SELECTION IS IRREVOCABLE.

THE PURPOSE OF THE STATUTE AND REGULATIONS IS TO AUTHORIZE TRANSPORTATION AT GOVERNMENT EXPENSE TO THE MEMBER FROM HIS LAST DUTY STATION TO THE PLACE WHERE HE GOES TO ESTABLISH HIS HOME FOLLOWING RETIREMENT. CONSISTENTLY HAS BEEN HELD THAT UNTIL THE MEMBER, WITHIN THE ONE-YEAR PERIOD AFTER RETIREMENT, HAS SELECTED SUCH PLACE, AND PERFORMED TRAVEL THERETO WITH THE PURPOSE AND INTENT OF ESTABLISHING HIS HOME THERE, NO RIGHT TO TRAVEL AND TRANSPORTATION ALLOWANCES ACCRUES. 36 COMP. GEN. 774. THERE IS NO COLLATERAL RIGHT TO ALLOWANCES FOR TRAVEL TO HOME OF RECORD OR PLACE OF ENTRY INTO THE SERVICE, EITHER TO COVER TRAVEL PERFORMED PRIOR TO THAT TO A HOME OF SELECTION OR AS AN ELECTION IN LIEU OF THE ALLOWANCES TO THE SELECTED HOME ON RETIREMENT. 42 COMP. GEN. 370.

THE PAYMENT TO YOU ON VOUCHER NO. T 3332 WAS MADE ON THE BASIS OF YOUR REPRESENTATION THAT IT WAS CLAIMED FOR TRAVEL FROM YOUR LAST DUTY STATION TO YOUR HOME OF SELECTION AT NEWPORT NEWS, VIRGINIA. THAT WAS THE ONLY LEGAL BASIS UPON WHICH THE PAYMENT COULD HAVE BEEN MADE. IF, AS YOU NOW SUGGEST, SUCH TRAVEL WAS NOT PERFORMED AS TRAVEL TO HOME OF SELECTION, THAT PAYMENT CLEARLY WAS IN ERROR.

YOUR PRESENT CLAIM COVERS TRAVEL FROM TRAVIS AIR FORCE BASE TO N DOLA, ZAMBIA, DURING THE PERIOD JULY 1 TO SEPTEMBER 17, 1966, LESS THE TRAVEL PAYMENT PREVIOUSLY RECEIVED. NOTHING IN THE AVAILABLE RECORD, HOWEVER, SHOWS THAT ANY OF SUCH TRAVEL WAS PERFORMED WITH THE INTENT OF ESTABLISHING YOUR HOME IN ZAMBIA WITHIN THE CONTEMPLATION OF THE CITED LAW AND REGULATIONS, ALL AVAILABLE EVIDENCE POINTING TO THE CONCLUSION THAT YOU SELECTED ZAMBIA AS YOUR HOME FOR PURPOSES OF ENTITLEMENT TO TRAVEL ALLOWANCES INCIDENT TO YOUR RETIREMENT AT A TIME SUBSEQUENT TO YOUR ARRIVAL THERE ON SEPTEMBER 17, 1966. MOREOVER, WHILE IT IS SHOWN THAT YOU RETURNED THEREAFTER TO VIRGINIA WHERE YOU EXECUTED CERTIFICATES TO THE EFFECT THAT YOU HAD SELECTED N-DOLA, ZAMBIA, AS YOUR HOME INCIDENT TO YOUR RETIREMENT, YOUR SUBSEQUENT TRAVEL IN RETURNING TO ZAMBIA COULD NOT PROPERLY BE CONSIDERED TO QUALIFY YOU FOR ALLOWANCES UNDER PARAGRAPH M4158 -1A OF THE JOINT TRAVEL REGULATIONS SINCE IT APPARENTLY WAS NOT PERFORMED WITHIN THE ONE-YEAR PERIOD FOLLOWING YOUR RETIREMENT.

ACCORDINGLY, THE SETTLEMENT OF DECEMBER 6, 1967, IS SUSTAINED.

IN ACCORDANCE WITH YOUR REQUEST, PAPERS SUBMITTED WITH YOUR LETTER OF NOVEMBER 17, TOGETHER WITH COPIES OF OTHER PAPERS PERTAINING TO YOUR CLAIM, AS AVAILABLE, ARE ENCLOSED HEREWITH.