B-173794, OCT 18, 1971

B-173794: Oct 18, 1971

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

BY WHICH HE WAS TO BE RETIRED EFFECTIVE AUGUST 1. WAS REVOKED AND A SUBSEQUENT ORDER OF NOVEMBER 4. 1970 WAS ISSUED. WELLS STATED IN THE ORIGINAL CLAIM THAT TRAVEL WAS COMPLETED ON OCTOBER 10. 1970 AND WAS FOR THE PURPOSE OF ESTABLISHING A BONA FIDE RESIDENCE AT TEMPLE. VIRGINIA AND BACK WAS TO RETURN HOME AFTER A VISIT AND MAY NOT BE REGARDED AS TRAVEL TO A HOME OF SELECTION TO ESTABLISH A RESIDENCE INCIDENT TO RETIREMENT. PRIOR DECISION DISALLOWING THE CLAIM IS AFFIRMED. BY WHICH YOU WERE TO BE RETIRED EFFECTIVE AUGUST 1. WAS REVOKED BY A SPECIAL ORDER DATED JUNE 29. YOU WERE TRANSFERRED AS A PATIENT TO MALCOLM GROW MEDICAL CENTER. YOU WERE RELIEVED FROM ACTIVE DUTY EFFECTIVE NOVEMBER 18.

B-173794, OCT 18, 1971

MILITARY PERSONNEL - DEPENDENT'S TRAVEL - HOME OF RECORD AFFIRMING PRIOR DECISION WHICH DISALLOWED CLAIM FOR REIMBURSEMENT FOR TRAVEL PERFORMED BY CLAIMANT'S DEPENDENTS FROM FAIRFAX, VIRGINIA, TO TEMPLE, TEXAS, INCIDENT TO CLAIMANT'S RETIREMENT FROM ACTIVE DUTY. WHERE CLAIMANT'S SPECIAL ORDER OF APRIL 1, 1970, BY WHICH HE WAS TO BE RETIRED EFFECTIVE AUGUST 1, 1970, WAS REVOKED AND A SUBSEQUENT ORDER OF NOVEMBER 4, 1970 RETIRING CLAIMANT EFFECTIVE NOVEMBER 18, 1970 WAS ISSUED, THE JTR PROHIBITS REIMBURSEMENT FOR TRAVEL PERFORMED PRIOR TO NOVEMBER 4, 1970. BECAUSE COL. WELLS STATED IN THE ORIGINAL CLAIM THAT TRAVEL WAS COMPLETED ON OCTOBER 10, 1970 AND WAS FOR THE PURPOSE OF ESTABLISHING A BONA FIDE RESIDENCE AT TEMPLE, TEXAS, ANY TRAVEL PERFORMED BY CLAIMANT'S WIFE FROM TEMPLE, TEXAS TO FAIRFAX, VIRGINIA AND BACK WAS TO RETURN HOME AFTER A VISIT AND MAY NOT BE REGARDED AS TRAVEL TO A HOME OF SELECTION TO ESTABLISH A RESIDENCE INCIDENT TO RETIREMENT. ACCORDINGLY, PRIOR DECISION DISALLOWING THE CLAIM IS AFFIRMED.

TO COLONEL CECIL M. WELLS:

WE AGAIN REFER TO YOUR LETTER OF JUNE 5, 1971, REQUESTING FURTHER CONSIDERATION OF THE SETTLEMENT OF JUNE 3, 1971, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS FROM FAIRFAX, VIRGINIA, TO TEMPLE, TEXAS, INCIDENT TO YOUR RETIREMENT FROM THE AIR FORCE.

THE SPECIAL ORDER OF APRIL 1, 1970, BY WHICH YOU WERE TO BE RETIRED EFFECTIVE AUGUST 1, 1970, WAS REVOKED BY A SPECIAL ORDER DATED JUNE 29, 1970. BY SPECIAL ORDERS OF AUGUST 27 AND SEPTEMBER 21, 1970, YOU WERE TRANSFERRED AS A PATIENT TO MALCOLM GROW MEDICAL CENTER, ANDREWS AIR FORCE BASE, AND THENCE TO LACKLAND AIR FORCE BASE, TEXAS. BY SPECIAL ORDER DATED NOVEMBER 4, 1970, YOU WERE RELIEVED FROM ACTIVE DUTY EFFECTIVE NOVEMBER 18, 1970, AND PLACED ON THE TEMPORARY DISABILITY RETIRED LIST THE NEXT DAY.

ON NOVEMBER 20, 1970, YOU EXECUTED A CERTIFICATE STATING THAT YOU HAD SELECTED TEMPLE, TEXAS, AS YOUR HOME UPON RETIREMENT. ON THE SAME DATE YOU EXECUTED A CLAIM FOR TRAVEL OF YOUR DEPENDENTS (WIFE AND DAUGHTER) FROM FAIRFAX, VIRGINIA, TO TEMPLE, TEXAS, STATING THAT THE TRAVEL BEGAN ON AUGUST 1 AND WAS COMPLETED ON OCTOBER 10, 1970. IN FILING THAT CLAIM YOU STATED THAT SUCH TRAVEL WAS FOR THE PURPOSE OF ESTABLISHING A BONA FIDE RESIDENCE AT DESTINATION INCIDENT TO YOUR RETIREMENT ORDERS.

YOUR CLAIM WAS DISALLOWED BY THE SETTLEMENT MENTIONED ABOVE FOR THE REASON THAT THE TRAVEL WAS PERFORMED PRIOR TO THE ORDER OF NOVEMBER 4, 1970. YOU WERE ADVISED THAT UNDER PERTINENT PROVISIONS OF THE JOINT TRAVEL REGULATIONS REIMBURSEMENT IS NOT AUTHORIZED FOR TRAVEL OF DEPENDENTS PRIOR TO THE ISSUANCE OF ORDERS OR PRIOR TO RECEIPT OF OFFICIAL NOTICE THAT SUCH ORDERS WOULD BE ISSUED. ALSO, YOU WERE ADVISED THAT AIR FORCE MANUAL 75-4 PROVIDES THAT A CERTIFICATE OF PRIOR NOTICE WILL NOT BE FURNISHED BY THE AIR FORCE TO SUPPORT A CLAIM FOR TRAVEL OF DEPENDENTS PRIOR TO RETIREMENT ORDERS.

IN YOUR PRESENT LETTER YOU SAY THAT ALTHOUGH YOUR WIFE WAS IN TEXAS FOR A PERIOD PRIOR TO YOUR RETIREMENT, SHE TRAVELED FROM YOUR LAST STATION TO YOUR RETIREMENT HOME (FAIRFAX, VIRGINIA, TO TEMPLE, TEXAS) AGAIN DURING THE PERIOD NOVEMBER 24 TO DECEMBER 1, 1970, AFTER YOUR RETIREMENT ORDERS WERE ISSUED. YOU ASK WHETHER REIMBURSEMENT IS AUTHORIZED FOR YOUR WIFE'S SECOND TRIP. IF SO, YOU REQUEST THAT YOUR ORDERS AND CLAIM BE RETURNED SO YOU CAN RESUBMIT.

TRAVEL AND TRANSPORTATION ALLOWANCES FOR MEMBERS OF THE UNIFORMED SERVICES AND THEIR DEPENDENTS UPON PERMANENT CHANGE OF STATION INCLUDING FROM LAST STATION TO HOME OF SELECTION ARE GOVERNED BY THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTIONS 404 AND 406 OF TITLE 37, UNITED STATES CODE.

PARAGRAPH M7000 OF THE REGULATIONS AUTHORIZES TRANSPORTATION, REIMBURSEMENT, OR MONETARY ALLOWANCE IN LIEU OF TRANSPORTATION FOR TRAVEL OF DEPENDENTS BETWEEN POINTS AUTHORIZED IN THE REGULATIONS FOR THE PURPOSE OF ESTABLISHING A RESIDENCE. SUBPARAGRAPH 12 OF THAT PARAGRAPH SPECIFICALLY PROVIDES THAT TRANSPORTATION OF DEPENDENTS IS NOT AUTHORIZED TO A PLACE AT WHICH THEY DO NOT INTEND TO ESTABLISH A RESIDENCE AND THAT THE EXPENSE OF TRAVEL OF DEPENDENTS FOR ANY PURPOSE OTHER THAN TO ESTABLISH A RESIDENCE MAY NOT BE CONSIDERED AN OBLIGATION OF THE GOVERNMENT.

YOUR CLAIM FOR TRAVEL OF DEPENDENTS WAS BASED ON THE REPRESENTATION BY YOU THAT YOUR DEPENDENTS HAD COMPLETED TRAVEL TO TEMPLE, TEXAS, AS YOUR HOME OF SELECTION ON OCTOBER 10, 1970, INCIDENT TO YOUR RETIREMENT AND THAT SUCH TRAVEL WAS FOR THE PURPOSE OF ESTABLISHING A BONA FIDE RESIDENCE. ALTHOUGH SUCH TRAVEL WAS PERFORMED PRIOR TO YOUR RETIREMENT ORDERS AND FOR THAT REASON IS NOT REIMBURSABLE, IT WAS TO THE PLACE SELECTED BY YOU AS YOUR RETIREMENT HOME AND RESIDENCE WAS ESTABLISHED THERE. WHILE YOUR WIFE SUBSEQUENTLY TRAVELED TO FAIRFAX, SUCH TRAVEL APPARENTLY WAS IN THE NATURE OF A VISIT AND HER TRAVEL TO YOUR HOME IN TEMPLE AFTER YOUR RETIREMENT WAS TO RETURN HOME AND MAY NOT BE REGARDED AS TRAVEL TO HOME OF SELECTION TO ESTABLISH A RESIDENCE INCIDENT TO YOUR RETIREMENT.

ACCORDINGLY, THE SETTLEMENT OF JUNE 3, 1971, IS SUSTAINED AND ON THE RECORD BEFORE US A RECLAIM BASED ON YOUR PRESENT STATEMENT MAY NOT BE FAVORABLY CONSIDERED.