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B-142029, JAN. 28, 1963

B-142029 Jan 28, 1963
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RETIRED: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 12. AS YOUR HOME UPON RETIREMENT AND WERE PAID TRAVEL ALLOWANCES FOR YOURSELF AND YOUR DEPENDENTS FROM FORT HAMILTON. SINCE THE SHIPMENTS WERE TO A POINT OTHER THAN YOUR SELECTED HOME. YOU WERE CHARGED WITH THE COST OF THE SHIPMENTS UNDER THE LAW AND REGULATIONS IN EFFECT AT THAT TIME. IN YOUR PRESENT LETTER YOU CONTEND THAT YOU SHOULD HAVE BEEN BILLED ONLY FOR THE DIFFERENCE BETWEEN THE TRAVEL ALLOWANCE FROM FORT HAMILTON TO ST. YOU ASK WHAT REGULATION OR LAW STATES THAT A RESERVE OFFICER IS NOT ENTITLED TO SHIPMENT OF HOUSEHOLD GOODS TO HOME OF RECORD AT GOVERNMENT EXPENSE UPON COMPLETION OF EXTENDED DUTY. THIS SAME CONTENTION AND IN EFFECT THIS SAME QUESTION WERE CONSIDERED IN OUR DECISION B-142029 OF MARCH 18.

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B-142029, JAN. 28, 1963

TO MAJOR JOHN J. FALBE, SR., AUS, RETIRED:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 12, 1963, CONCERNING YOUR LIABILITY TO THE UNITED STATES FOR THE COST OF SHIPPING YOUR HOUSEHOLD EFFECTS TO YOUR HOME OF RECORD INCIDENT TO YOUR RETIREMENT.

AS FULLY EXPLAINED IN PRIOR DECISIONS AND CORRESPONDENCE THE RECORDS SHOW THAT YOU SELECTED ST. LOUIS, MISSOURI, AS YOUR HOME UPON RETIREMENT AND WERE PAID TRAVEL ALLOWANCES FOR YOURSELF AND YOUR DEPENDENTS FROM FORT HAMILTON, NEW YORK, TO ST. LOUIS, MISSOURI. YOU DID NOT SHIP YOUR HOUSEHOLD EFFECTS TO YOUR SELECTED HOME BUT SHIPPED THEM TO YOUR HOME OF RECORD, RACINE, WISCONSIN. SINCE THE SHIPMENTS WERE TO A POINT OTHER THAN YOUR SELECTED HOME, YOU WERE CHARGED WITH THE COST OF THE SHIPMENTS UNDER THE LAW AND REGULATIONS IN EFFECT AT THAT TIME. IN YOUR PRESENT LETTER YOU CONTEND THAT YOU SHOULD HAVE BEEN BILLED ONLY FOR THE DIFFERENCE BETWEEN THE TRAVEL ALLOWANCE FROM FORT HAMILTON TO ST. LOUIS AND FORT HAMILTON TO RACINE. ALSO, YOU ASK WHAT REGULATION OR LAW STATES THAT A RESERVE OFFICER IS NOT ENTITLED TO SHIPMENT OF HOUSEHOLD GOODS TO HOME OF RECORD AT GOVERNMENT EXPENSE UPON COMPLETION OF EXTENDED DUTY.

THIS SAME CONTENTION AND IN EFFECT THIS SAME QUESTION WERE CONSIDERED IN OUR DECISION B-142029 OF MARCH 18, 1960, TO YOU. IN THAT DECISION YOU WERE ADVISED IN PERTINENT PART AS FOLLOWS:

"SECTION 303 (C) OF THE CAREER COMPENSATION ACT OF 1949 63 STAT. 814, AS AMENDED BY THE ACT OF AUGUST 11, 1955, 69 STAT. 691, 37 U.S.C. 253 (C), PROVIDES THAT UNDER UNIFORM REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, A MEMBER OF THE UNIFORMED SERVICES WHO IS RETIRED WITH PAY IS ENTITLED TO TRANSPORTATION FOR HIS DEPENDENTS AND HOUSEHOLD EFFECTS "TO THE HOME SELECTED FOR ALLOWANCE PURPOSES UNDER SUBSECTION (A) OF THIS SECTION.' SECTION 303 (A) OF THE CAREER COMPENSATION ACT, AS AMENDED BY THE SAID ACT OF AUGUST 11, 1955, PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, A MEMBER OF THE UNIFORMED SERVICES WHO IS RETIRED WITH PAY MAY SELECT HIS HOME FOR THE PURPOSE OF TRAVEL AND TRANSPORTATION ALLOWANCES. PARAGRAPH 8009-6 OF THE JOINT TRAVEL REGULATIONS (CHANGE 54, DATED JANUARY 1, 1957) AUTHORIZES A MEMBER UPON RETIREMENT TO SHIP HIS HOUSEHOLD EFFECTS FROM HIS LAST DUTY STATION, OR ANY OTHER PLACE TO WHICH THEY PREVIOUSLY WERE SHIPPED, TO THE HOME SELECTED BY HIM FOR THE PURPOSE OF RECEIVING ALLOWANCES FOR HIS TRAVEL, AND PROVIDES THAT SHIPMENT OF HOUSEHOLD EFFECTS "TO ANY PLACE OTHER THAN HOME OF SELECTION IS NOT AUTHORIZED, COMPARATIVE COST NOTWITHSTANDING.' THUS, IT SEEMS CLEAR THAT THE CONGRESS AND THE DEPARTMENT OF DEFENSE INTENDED TO LIMIT SHIPMENTS OF HOUSEHOLD EFFECTS UPON RETIREMENT TO SHIPMENT TO THE HOME SELECTED BY THE MEMBER.'

WHILE YOU DISAGREE WITH AND DEPLORE THAT DECISION, WE FIND NO BASIS FOR CONCLUDING THAT IT DOES NOT CORRECTLY APPLY THE LAW AND GOVERNING REGULATIONS. IN THIS REGARD YOUR SEPARATION FROM ACTIVE SERVICE WAS NOT OCCASIONED BY THE COMPLETION OF A TOUR OF ORDERED ACTIVE DUTY BUT WAS INCIDENT TO YOUR RETIREMENT AND UNDER THE LAW AND GOVERNING REGULATIONS YOU PROPERLY WERE CHARGED WITH THE FULL COST OF SHIPPING YOUR HOUSEHOLD EFFECTS TO RACINE, WISCONSIN.

SINCE THE CIRCUMSTANCES OF YOUR CASE HAVE BEEN EXPLAINED TO YOU ON SEVERAL OCCASIONS, FURTHER CORRESPONDENCE WHICH FURNISHES NO EVIDENCE OR MATERIAL INFORMATION NOT PREVIOUSLY CONSIDERED WILL ..END :

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