Shipment of Household Goods to Selected Home

An advance decision was requested on whether the shipment of household goods to a home of selection incident to retirement may be authorized in certain deserving cases arising prior to August 1, 1976, even though the 1-year limitation on selection had expired. The exceptions addressed specifically in the legislation and its history provide for an extension of the 1-year rule in cases where a member was hospitalized at the time of retirement or in cases where the member entered an educational or training program following retirement. The law and its legislative history also indicate that the Secretaries concerned should have the discretion to authorize extension of the 1-year rule in certain deserving cases. However, this was to operate prospectively only and could only include persons separated prior to August 1, 1976, if the 1-year limitation had not expired on that date. However, a member who has assurance prior to the expiration of the 1-year limitation that recall to active duty is imminent, may have household goods shipped to a home of selection on subsequent retirement following a period of active service. In view of the unusual circumstances at the time the actions in this case were taking place, and on the basis of possible recall to active duty, the member was entitled to have household goods shipped to his home of selection.