B-124551, NOV. 20, 1959

B-124551, NOV. 20, 1959

TO LIEUTENANT COLONEL WESLEY G. HENSHAW, USA, RETIRED:

REFERENCE IS MADE TO YOUR LETTER DATED SEPTEMBER 20, 1959, CONCERNING YOUR CLAIM FOR REIMBURSEMENT FOR THE TRAVEL OF YOUR DEPENDENTS (WIFE AND TWO DAUGHTERS) FROM SAN JUAN, PUERTO RICO,TO FORT WAYNE, INDIANA, BY COMMERCIAL AIR ON AUGUST 2 AND 3, 1954, AND FOR REIMBURSEMENT ON A MILEAGE BASIS FOR THEIR TRAVEL FROM FOR WAYNE TO HARLAN, INDIANA, ON SEPTEMBER 20, 1955, SUBSEQUENT TO ORDERS DATED DECEMBER 29, 1954, DIRECTING YOUR RETIREMENT.

YOUR CLAIM FOR THE TRAVEL PERFORMED BY YOUR DEPENDENTS FROM SAN JUAN TO FOR WAYNE WAS DISALLOWED BY OUR SETTLEMENT DATED JUNE 3, 1955, AND BY DECISION OF JULY 15, 1955, B-124551, SUSTAINING THE SETTLEMENT, WE ADVISED YOU IN DETAIL OF THE REASONS WHY THERE IS NO LEGAL BASIS FOR THE ALLOWANCE OF YOUR CLAIM. SUBSEQUENTLY, ON SEPTEMBER 16, 1959, IN REPLY TO YOUR LETTER OF AUGUST 20, 1959, OUR CLAIMS DIVISION SENT YOU A COPY OF THAT DECISION AND COPIES OF THE JOINT TRAVEL REGULATIONS APPLICABLE TO SUCH CLAIM. YOUR LETTER OF SEPTEMBER 20, 1959, CONTAINS NO NEW OR MATERIAL EVIDENCE NOT PREVIOUSLY CONSIDERED BY US WITH RESPECT TO YOUR CLAIM FOR THE TRAVEL FROM SAN JUAN TO FORT WAYNE, AND HENCE, AFFORDS NO BASIS FOR ANY FURTHER OR DIFFERENT ACTION THEN THAT TAKEN IN THE SETTLEMENT OF JUNE 3, 1955, AND IN THE DECISION OF JULY 15, 1955.

YOUR CLAIM FOR THE TRAVEL OF YOUR DEPENDENTS FROM FORT WAYNE, YOUR SELECTED HOME UPON RETIREMENT, TO HARLAN WAS DISALLOWED BY SETTLEMENT OF DECEMBER 1, 1959, BECAUSE FURTHER TRAVEL BY DEPENDENTS AFTER REACHING THE HOME SELECTED BY THE MEMBER IS NOT AUTHORIZED BY THE JOINT TRAVEL REGULATIONS. IN YOUR LETTER OF SEPTEMBER 20, 1959, YOU URGE THAT YOUR CLAIM FOR SUCH TRAVEL BE ALLOWED REGARDLESS OF YOUR CERTIFICATE SELECTING FORT WAYNE AS YOUR HOME AND YOU CONTEND, IN SUBSTANCE, THAT SUCH CLAIM SHOULD BE ALLOWED SINCE YOUR HOUSEHOLD EFFECTS WERE MOVED FROM FORT WAYNE TO HARLAN UNDER GOVERNMENT BILL OF LADING AND THE CHARGES FOR SUCH TRANSPORTATION WERE PAID BY THE GOVERNMENT.

PARAGRAPH 7000, JOINT TRAVEL REGULATIONS, PROVIDES THAT MEMBERS OF THE UNIFORMED SERVICES ARE ENTITLED TO TRANSPORTATION OF DEPENDENTS AT GOVERNMENT EXPENSE UPON PERMANENT CHANGE OF STATION, AND PARAGRAPH 3003-1 OF THE REGULATIONS, IN EFFECT ON THE DATE THE ORDERS OF DECEMBER 29, 1954, WERE ISSUED, PROVIDED THAT THE TERM "PERMANENT CHANGE OF STATION" INCLUDED A CHANGE FROM LAST DUTY STATION TO HOME OR THE PLACE FROM WHICH ORDERED TO ACTIVE DUTY UPON RETIREMENT. AS YOU WERE ADVISED IN THE SETTLEMENT OF SEPTEMBER 1, 1959, PARAGRAPH 1150-3 OF THE REGULATIONS PROVIDES THAT THE TERM "HOME" IN CONNECTION WITH RETIREMENT MEANS THE PLACE WHICH THE INDIVIDUAL SELECTS AND PERFORMS TRAVEL TO WITHIN ONE YEAR FROM THE DATE OF RETIREMENT OR, IN THE CASE OF A MEMBER CONFINED IN OR UNDERGOING TREATMENT IN A GOVERNMENT HOSPITAL, WITHIN ONE YEAR FROM THE DATE OF DISCHARGE FROM SUCH HOSPITAL OR MEDICAL TREATMENT AS CERTIFIED TO BY THE RESPONSIBLE MEDICAL OFFICER OF THE HOSPITAL CONCERNED. SINCE YOU CERTIFIED IN YOUR CERTIFICATE THAT YOU SELECTED FORT WAYNE AS YOUR CLAIM FOR THE REIMBURSEMENT FOR THE TRAVEL PERFORMED BY YOUR DEPENDENTS FROM FORT WAYNE TO HARLAN. ACCORDINGLY, THE SETTLEMENT OF SEPTEMBER 1, 1959, WAS CORRECT AND IS SUSTAINED.

RESPECTING THE TRANSPORTATION OF YOUR HOUSEHOLD EFFECTS FROM FORT WAYNE TO HARLAN UNDER GOVERNMENT BILL OF LADING FOR WHICH TRANSPORTATION THE GOVERNMENT PAID THE SUM OF $120.22 AS SHOWN BY VOUCHER NO. 142038 OF THE OCTOBER 1955 ACCOUNTS OF LIEUTENANT COLONEL S. GADDIS, F.C., ON FILE HERE, PARAGRAPH 8009-6, JOINT TRAVEL REGULATIONS, IN EFFECT AT THE TIME THE SHIPMENT WAS MADE, AUTHORIZED TRANSPORTATION OF HOUSEHOLD EFFECTS ONLY TO YOUR HOME. SINCE FORT WAYNE WAS YOUR HOME, THE SHIPMENT OF YOUR EFFECTS TO HARLAN WAS NOT AUTHORIZED. THE PAYMENT OF $120.22 FOR SUCH SHIPMENT WAS ERRONEOUS AND YOU ARE INDEBTED TO THE GOVERNMENT IN THAT AMOUNT.

ACCORDINGLY, YOU ARE REQUESTED TO REMIT THE SUM OF $120.22 WITHIN 30 DAYS OF THE DATE OF THIS DECISION, OR MAKE SUITABLE ARRANGEMENTS FOR THE LIQUIDATION OF YOUR INDEBTEDNESS. PAYMENT OF THE INDEBTEDNESS SHOULD BE MADE BY CHECK OR MONEY ORDER PAYABLE TO THE U.S. GENERAL ACCOUNTING AND ADDRESSED AS FOLLOWS:

CLAIMS DIVISION

GENERAL ACCOUNTING OFFICE

P.O. BOX 2610 ..END :