JANUARY 16, 1922, 1 COMP. GEN. 363
Highlights
MILEAGE - RETIREMENT OF MARINE CORPS OFFICERS THE "HOME" TO WHICH AN OFFICER OF THE MARINE CORPS IS ENTITLED TO MILEAGE UPON RETIREMENT IS THE PLACE WHICH HE SELECTS FOR HIS RETURN TO CIVIL LIFE. NOTWITHSTANDING HE MAY HAVE GIVEN ANOTHER PLACE AS HIS HOME WHEN COMMISSIONED AND HAVE FAILED TO NOTIFY THE PROPER AUTHORITY OF ANY CHANGE. THE CLAIMANT WAS SERVING AT NEW ORLEANS. WHEN HE RECEIVED NOTICE OF HIS RETIREMENT FROM ACTIVE SERVICE BY REASON OF A DISABILITY INCURRED INCIDENT TO THE SERVICE AND WAS ORDERED TO PROCEED TO HIS HOME. A PORTION OF HIS PERSONAL PROPERTY WAS STORED AT THE MARINE BARRACKS. THE REMAINDER WAS STORED AT QUANTICO. THE PAYMASTER REFUSED TO PAY CLAIMANT MILEAGE FROM NEW ORLEANS TO DENVER FOR THE REASON THAT CLAIMANT STATED WHEN COMMISSIONED THAT HIS USUAL PLACE OF RESIDENCE WAS AT PORTSMOUTH.
JANUARY 16, 1922, 1 COMP. GEN. 363
MILEAGE - RETIREMENT OF MARINE CORPS OFFICERS THE "HOME" TO WHICH AN OFFICER OF THE MARINE CORPS IS ENTITLED TO MILEAGE UPON RETIREMENT IS THE PLACE WHICH HE SELECTS FOR HIS RETURN TO CIVIL LIFE, WHERE HE MAINTAINS AN ABODE FOR HIMSELF AND FAMILY, AND TO WHICH HE ACTUALLY GOES UPON RETIREMENT, NOTWITHSTANDING HE MAY HAVE GIVEN ANOTHER PLACE AS HIS HOME WHEN COMMISSIONED AND HAVE FAILED TO NOTIFY THE PROPER AUTHORITY OF ANY CHANGE.
DECISION BY COMPTROLLER GENERAL MCCARL, JANUARY 16, 1922:
WM. A. MCGINLEY, CAPTAIN, MARINE CORPS, RETIRED, REQUESTED NOVEMBER 26, 1921, REVIEW OF SETTLEMENT NO. 147305, DATED OCTOBER 15, 1921, WHEREIN THE NAVY DEPARTMENT DIVISION OF THIS OFFICE DISALLOWED HIS CLAIM FOR MILEAGE FROM NEW ORLEANS, LOUISIANA, TO DENVER, COLORADO.
THE CLAIMANT WAS SERVING AT NEW ORLEANS, LA., ON APRIL 7, 1921, WHEN HE RECEIVED NOTICE OF HIS RETIREMENT FROM ACTIVE SERVICE BY REASON OF A DISABILITY INCURRED INCIDENT TO THE SERVICE AND WAS ORDERED TO PROCEED TO HIS HOME. HE ORIGINALLY ENTERED THE MARINE CORPS, JULY 11, 1906, AND SERVED AS AN ENLISTED MAN UNTIL JUNE 14, 1917, WHEN COMMISSIONED. AT THE TIME OF CLAIMANT'S RETIREMENT, A PORTION OF HIS PERSONAL PROPERTY WAS STORED AT THE MARINE BARRACKS, NEW ORLEANS, AND THE REMAINDER WAS STORED AT QUANTICO, VA., HIS PREVIOUS STATION. IN JUNE, 1920, CAPTAIN MCGINLEY OBTAINED LEAVE OF ABSENCE AND TOOK HIS WIFE TO DENVER, COLO., FOR HER HEALTH AND ESTABLISHED A PLACE OF ABODE THERE. UPON HIS RETIREMENT CLAIMANT WENT TO DENVER, WHERE APPARENTLY HE HAS SINCE CONTINUED TO RESIDE.
THE PAYMASTER REFUSED TO PAY CLAIMANT MILEAGE FROM NEW ORLEANS TO DENVER FOR THE REASON THAT CLAIMANT STATED WHEN COMMISSIONED THAT HIS USUAL PLACE OF RESIDENCE WAS AT PORTSMOUTH, VA., AND THERE WAS NO RECORD OF A CHANGE THEREOF AS REQUIRED BY PARAGRAPH 135, NAVY REGULATIONS, 1921, WHICH PROVIDES, AMONG OTHER THINGS, THAT NO OFFICER ON THE ACTIVE LIST SHALL CHANGE HIS USUAL RESIDENCE WITHOUT PERMISSION, AND THAT UPON RETIREMENT AND WHEN ORDERED TO HIS HOME HE SHALL CERTIFY, UPON HIS ORDERS, HIS PLACE OF RESIDENCE, WHICH MUST IN ALL CASES CORRESPOND TO THAT PREVIOUSLY REPORTED. THE CLAIM WAS THEN PRESENTED TO THE NAVY DEPARTMENT DIVISION OF THIS OFFICE AND THERE DISALLOWED UPON THE GROUND THAT THE RECORDS OF THE MARINE CORPS AS TO THE LOCATION OF AN OFFICER'S HOME WERE CONCLUSIVE, AND AS THESE RECORDS DID NOT SHOW CLAIMANT'S HOME AS BEING AT DENVER AT THE TIME OF HIS RETIREMENT HE WAS NOT ENTITLED TO MILEAGE THERETO.
THE WORD "HOME" AS USED IN AN ORDER OF RETIREMENT MEANS THE PLACE WHICH THE RETIRED OFFICER SELECTS TO RETURN TO CIVIL LIFE FROM HIS MILITARY LIFE AND WHERE HE EXPECTS TO DWELL WHILE IN CIVIL LIFE AND TO WHICH HE HAS THE INTENTION OF GOING WHEN RETIRED AND TO WHICH HE DOES ACTUALLY GO, 13 COMP. DEC., 793. IT ALSO MEANS THE PLACE WHICH HE EXPECTS TO MAKE HIS PLACE OF ABODE, RATHER THAN ANY ACTUAL PLACE OF ABODE, UNLESS HE HAS A RESIDENCE ESTABLISHED WHERE HIS FAMILY DWELLS AT THE TIME OF HIS RETIREMENT. SEE 18 COMP. DEC., 634; UNITED STATES V. PHISTERER, 94 S., 219. THE CLAIMANT'S FAMILY WAS ACTUALLY RESIDING IN DENVER FOR A TIME SUFFICIENTLY LONG ENOUGH TO OVERCOME ANY DOUBT OF THAT PLACE BEING THE HOME, AND HE ACTUALLY WENT THERE UPON RETIREMENT AND HAS SINCE RESIDED THERE. HAVING MET THE CONDITIONS PRECEDENT, DENVER MAY PROPERLY BE CONSIDERED AS CLAIMANT'S HOME UPON RETIREMENT.
UPON REVIEW OF THE MATTER THE SETTLEMENT IS REVERSED AND $107.92, BEING MILEAGE AT THE RATE OF 8 CENTS PER MILE FOR 1,349 MILES, THE DISTANCE FROM NEW ORLEANS TO DENVER, IS CERTIFIED DUE CLAIMANT.