B-158147, JAN. 20, 1966

B-158147, JAN. 20, 1966

TO MR. RAYMOND W. VOSS:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 23, 1965, REQUESTING REVIEW OF YOUR CLAIM FOR REIMBURSEMENT FOR YOUR DEPENDENTS' (WIFE, DAUGHTER AND STEPDAUGHTER) TRAVEL FROM ELMENDORF AIR FORCE BASE, ALASKA, TO MCCHORD AIR FORCE BASE, WASHINGTON, AND FROM THE LATTER PLACE TO ANCHORAGE, ALASKA, DURING THE PERIOD JULY 15 TO AUGUST 16, 1965, INCIDENT TO YOUR RELEASE FROM ACTIVE DUTY IN THE AIR FORCE ON JULY 31, 1965, AND PLACEMENT ON THE RETIRED LIST THE FOLLOWING DAY.

BY DEPARTMENT OF THE AIR FORCE SPECIAL ORDER NO. AC-6774, DATED APRIL 8, 1965, YOU WERE RELIEVED FROM ASSIGNMENT TO YOUR ORGANIZATION AND FROM ACTIVE DUTY EFFECTIVE JULY 31, 1965, AND RETIRED AUGUST 1, 1965. PARAGRAPH 2, SPECIAL ORDER A-215, ISSUED ON APRIL 12, 1965, BY HEADQUARTERS ALASKAN AIR COMMAND, APO 942, SEATTLE, WASHINGTON, YOU WERE RELIEVED FROM 5008 SUPPORT SQUADRON ALASKAN COMMAND AT THAT STATION AND ASSIGNED TO 325 COMBAT SUPPORT GROUP, ADC, MCCHORD AIR FORCE BASE, WASHINGTON, FOR THE PURPOSE OF PROCESSING AND RETIREMENT FROM THE SERVICE. THOSE ORDERS AUTHORIZED YOU TO DEPART FROM YOUR STATION IN ALASKA ON OR ABOUT JULY 13, 1965, AND REPORT AT MCCHORD AIR FORCE BASE NOT LATER THAN 9 DAYS AFTER DEPARTURE, STATING THAT CONCURRENT AND/OR SUBSEQUENT TRAVEL OF YOUR DEPENDENTS WAS AUTHORIZED.

ON THE REVERSE OF THE FIRST-NAMED ORDERS ON AUGUST 10, 1965, YOU REQUESTED SHIPMENT OF HOUSEHOLD GOODS AND PRIVATELY OWNED VEHICLE TO YOUR HOME OF SELECTION, ANCHORAGE, ALASKA, AND CERTIFIED YOU UNDERSTOOD YOU WERE ENTITLED TO ONLY ONE MOVE TO A SELECTED HOME ON RETIREMENT AND THAT THIS REQUEST CONSTITUTED YOUR ONE MOVE. THE RECORD INDICATES YOU WERE LAST PREVIOUSLY PAID FOR TRAVEL OF DEPENDENTS FROM HILL AIR FORCE BASE, UTAH, TO ELMENDORF AIR FORCE BASE, ALASKA. IN PRESENTING YOUR CLAIM FOR TRAVEL OF YOUR DEPENDENTS YOU CONTENDED THAT YOU WERE ENTITLED TO THEIR TRAVEL FROM ELMENDORF AIR FORCE BASE TO MCCHORD AIR FORCE BASE UNDER THE ORDERS OF APRIL 12, 1965, AND FROM MCCHORD AIR FORCE BASE TO ANCHORAGE UNDER THE ORDERS OF APRIL 8, 1965.

YOUR CLAIM WAS DISALLOWED BY SETTLEMENT OF NOVEMBER 16, 1965, IT BEING STATED, AMONG OTHER THINGS, THAT YOUR DEPENDENTS HAD NO INTENTION OF ESTABLISHING A RESIDENCE IN THE CONTINENTAL UNITED STATES AS IT WAS KNOWN TO YOU THAT YOU WERE GOING BACK TO ALASKA. IN YOUR PRESENT LETTER YOU SAY THAT WHILE THIS WOULD APPEAR ON THE SURFACE TO BE TRUE, WHEN YOU LEFT ALASKA THERE WAS NO ASSURANCE YOU WOULD BE ALLOWED TO RETIRE BECAUSE OF THE INCREASED BUILD-UP FOR VIET NAM, AND THAT THERE WAS NOTHING DEFINITE AND NO ASSURANCES WERE GIVEN UNTIL THE DAY YOU ACTUALLY RETIRED. YOU SAY THAT ORDERS COULD HAVE BEEN ISSUED AT MCCHORD AIR FORCE BASE ORDERING YOUR RETENTION ON ACTIVE DUTY AND THAT, HAD THIS OCCURRED, YOUR FAMILY WOULD HAVE EITHER ACCOMPANIED YOU TO YOUR NEW STATION OR WOULD HAVE CONTINUED TO WYANNDOTTE, MICHIGAN, YOUR HOME OF RECORD. YOU CONTEND THAT TO HAVE LEFT YOUR DEPENDENTS IN ALASKA UNDER THOSE CIRCUMSTANCES WOULD HAVE CREATED A HARDSHIP, AND YOU QUESTION WHY ELMENDORF AIR FORCE BASE WAS NOT SELECTED AS PLACE OF RETIREMENT SINCE THIS WOULD HAVE ALLOWED YOU TO REMAIN IN ALASKA FOR ANOTHER YEAR WHILE YOU SELECTED YOUR HOME UPON RETIREMENT.

SECTIONS 404 (C) AND 406 (A) OF TITLE 37 OF THE UNITED STATES CODE AND THE JOINT TRAVEL REGULATIONS ISSUED PURSUANT THERETO AUTHORIZE TRAVEL AND TRANSPORTATION ALLOWANCES FOR MEMBERS AND THEIR DEPENDENTS FROM LAST DUTY STATION TO HOME OF SELECTION UPON RETIREMENT. PARAGRAPH M4158-1A OF THE JOINT TRAVEL REGULATIONS PROVIDES THAT A MEMBER ON ACTIVE DUTY WHO IS RETIRED FOLLOWING AT LEAST 8 YEARS OF CONTINUOUS ACTIVE DUTY MAY SELECT HIS HOME AND RECEIVE TRAVEL ALLOWANCES THERETO FROM HIS LAST DUTY STATION, PROVIDED THE TRAVEL IS COMPLETED TO THE SELECTED HOME WITHIN ONE YEAR AFTER TERMINATION OF ACTIVE DUTY. PARAGRAPH M1150-3B OF THOSE REGULATIONS DEFINES THE TERM "HOME OF SELECTION" AS THE PLACE SELECTED BY A MEMBER AS HIS HOME UPON RETIREMENT UNDER THE CONDITIONS OUTLINED IN PARAGRAPH M4158- 1A. THE TRAVEL OF DEPENDENTS AT GOVERNMENT EXPENSE IN SUCH CASES IS AUTHORIZED BY PARAGRAPH M7010 FROM LAST DUTY STATION TO THE SELECTED HOME AND REIMBURSEMENT FOR THEIR TRAVEL MAY NOT EXCEED THAT AUTHORIZED BETWEEN THOSE POINTS. PARAGRAPH M7000-12 OF THE SAME REGULATIONS PROVIDES THAT A MEMBER IS ENTITLED TO TRANSPORTATION OF DEPENDENTS BETWEEN POINTS OTHERWISE AUTHORIZED IN THESE REGULATIONS EXCEPT TO A PLACE AT WHICH THEY DO NOT INTEND TO ESTABLISH A RESIDENCE; THAT TRAVEL EXPENSE OF DEPENDENTS FOR PLEASURE TRIPS OR FOR PURPOSES OTHER THAN WITH THE INTENT TO CHANGE THE DEPENDENTS' RESIDENCE AS AUTHORIZED BY THE REGULATIONS MAY NOT BE CONSIDERED AN OBLIGATION OF THE GOVERNMENT.

WHILE THE POSSIBILITY EXISTED THAT YOUR RETIREMENT ORDERS MIGHT HAVE BEEN AMENDED OR CANCELED BEFORE YOUR RETIREMENT BECAME EFFECTIVE SO AS TO CONTINUE YOU ON ACTIVE DUTY, SUCH POSSIBILITY AFFORDS NO LEGAL BASIS FOR THE MOVEMENT OF YOUR DEPENDENTS EXCEPT AS WAS AUTHORIZED UNDER YOUR EXISTING ORDERS AND THE APPLICABLE REGULATIONS.

ALTHOUGH THE ORDERS OF APRIL 8, 1965, BEAR THE NOTATION "PCS" INDICATING A PERMANENT CHANGE OF STATION, THE QUESTION OF WHETHER AN ASSIGNMENT TO A STATION IS FOR PERMANENT OR TEMPORARY DUTY IS ONE OF FACT TO BE DETERMINED NOT ONLY FROM THE ORDERS BUT, WHERE NECESSARY, FROM THE CHARACTER AND NATURE OF THE DUTY ASSIGNED. 33 COMP. GEN. 198. YOUR ORDERS PROVIDED FOR YOU TO BE AT MCCHORD AIR FORCE BASE FOR ABOUT 10 DAYS AND DIRECTED NO DUTY OTHER THAN PROCESSING FOR RETIREMENT. ON THE BASIS THAT NO DUTY IS REQUIRED OF A MEMBER AT A SEPARATION CENTER, TRAVEL TO A SEPARATION CENTER FOR THE PURPOSE OF RELEASE FROM ACTIVE DUTY HAS NOT BEEN VIEWED AS PERMANENT CHANGE OF STATION TRAVEL, EVEN THOUGH THE MEMBER'S ORDERS PURPORT TO EFFECT A PERMANENT CHANGE OF STATION TO THE SEPARATION CENTER. 38 COMP. GEN. 405; 42 ID. 183.

THUS, UNDER THE ORDERS EFFECTING YOUR RETIREMENT THE ONLY AUTHORIZED TRAVEL OF YOUR DEPENDENTS WAS FROM YOUR LAST DUTY STATION, ELMENDORF AIR FORCE BASE, TO A HOME OF SELECTION. HAD YOU SELECTED A HOME IN THE CONTINENTAL UNITED STATES THE TRAVEL OF YOUR DEPENDENTS TO MCCHORD AIR FORCE BASE WOULD HAVE BEEN TRAVEL FROM LAST STATION TOWARDS THE HOME OF SELECTION. HOWEVER SINCE THE RECORD SHOWS THEY RETURNED TO ALASKA TO A SELECTED HOME WITHIN 2 MILES OF YOUR PRIOR STATION SHORTLY AFTER YOUR RETIREMENT WAS PROCESSED, THERE IS NO BASIS FOR ALLOWANCE OF ANY PORTION OF THE TRAVEL CLAIMED.

WHILE OUR RECORDS DO NOT SHOW THE REASON YOU WERE ORDERED TO MCCHORD AIR FORCE BASE FOR RETIREMENT PROCESSING, IT APPEARS FROM THE ORDERS OF APRIL 8, 1965, THAT YOUR SERVICING UNIT WAS 325 COMBAT SUPPORT GROUP, MCCHORD AIR FORCE BASE RATHER THAN A UNIT AT ELMENDORF AIR FORCE BASE.