B-154270, APR. 23, 1965, 44 COMP. GEN. 641

B-154270, APR. 23, 1965, 44 COMP. GEN. 641

TRANSPORTATION - HOUSEHOLD EFFECTS - TIME LIMITATION STORAGE, MOVING AND ACCESSORIAL CHARGES ON HOUSEHOLD EFFECTS THAT WERE NOT SHIPPED TO A HOME OF SELECTION UNTIL AFTER THE DEATH OF A MEMBER OF THE UNIFORMED SERVICES MORE THAN 1 YEAR FOLLOWING HIS DISABILITY RETIREMENT MAY NOT BE REIMBURSED TO SURVIVING DEPENDENTS ON THE BASIS THAT THE MEMBER HAD RECEIVED OUTPATIENT TREATMENT AND HAD BEEN HOSPITALIZED AT A VETERANS ADMINISTRATION HOSPITAL SUBSEQUENT TO RETIREMENT, PARAGRAPHS 4158 AND 7012 OF THE JOINT TRAVEL REGULATIONS PRESCRIBING A 1-YEAR PERIOD FOR COMPLETING TRAVEL TO A SELECTED HOME UPON DISABILITY RETIREMENT CONTEMPLATING AN EXTENSION OF THE 1-YEAR PERIOD ONLY WHEN A MEMBER IS HOSPITALIZED OR UNDERGOING MEDICAL TREATMENT ON THE DATE HIS ACTIVE SERVICE IS TERMINATED, AND THE DECEASED MEMBER ABLE TO TRAVEL AT THE TIME OF HIS DISABILITY RETIREMENT, ONLY BECOMING HOSPITALIZED WITHIN THE 1-YEAR SELECTION PERIOD AUTHORIZED BY THE REGULATIONS, AN EXTENSION OF TIME BEYOND THE 1 YEAR PERIOD IS NOT PERMISSIBLE, AND THERE IS NO AUTHORITY FOR THE PAYMENT OF THE MOVING AND STORAGE COSTS CLAIMED.

TO CAPTAIN R. M. CAETANO, DEPARTMENT OF THE ARMY, APRIL 23, 1965:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED OCTOBER 8, 1964, WITH ENCLOSURES, FORWARDED HERE BY THE FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, IN WHICH YOU REQUEST AN ADVANCE DECISION AS TO WHETHER PAYMENT PROPERLY MAY BE MADE ON 2 VOUCHERS COVERING SHIPMENT AND STORAGE COSTS OF HOUSEHOLD EFFECTS OF MASTER SERGEANT ROBERT C. WILT, RA13068084, RETIRED, DECEASED, UNDER THE CIRCUMSTANCES DESCRIBED. THE REQUEST WAS ASSIGNED CONTROL NO. 65-7 BY THE PER DIEM, TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

BY PARAGRAPH 271, DEPARTMENT OF THE ARMY SPECIAL ORDER NO. 68, DATED MARCH 28, 1963, MASTER SERGEANT WILT WAS RETIRED AT WALTER REED GENERAL HOSPITAL, WASHINGTON, D.C., BY REASON OF PHYSICAL DISABILITY ON APRIL 5, 1963. IT APPEARS THAT HE AND HIS WIFE TRAVELED TO HAMPTON, VIRGINIA, AND RESIDED THERE FROM THAT DATE. HE WAS HOSPITALIZED AT THE VETERANS ADMINISTRATION HOSPITAL AT HAMPTON, VIRGINIA, FROM DECEMBER 12 TO 20, 1963, AND FROM MAY 19 TO JULY 19, 1964, THE DATE OF HIS DEATH, AND HAD RECEIVED OUTPATIENT TREATMENT THERE ON APRIL 23 AND 27 AND MAY 19, 1964. THEREAFTER, PURSUANT TO HIS WIFE'S APPLICATION FOR SHIPMENT OF HOUSEHOLD EFFECTS DATED JULY 28, 1964, THE MEMBER'S EFFECTS WERE MOVED FROM HAMPTON AND PLACED IN TEMPORARY STORAGE AT WILLIAMSBURG, VIRGINIA. APPARENTLY THIS WAS THE FIRST MOVEMENT OF THE HOUSEHOLD EFFECTS FOLLOWING SERGEANT WILT'S RETIREMENT.

YOUR QUESTION IS WHETHER PAYMENT ON THE VOUCHERS FOR THE STORAGE, MOVING, AND ACCESSORIAL CHARGES IS AUTHORIZED ON THE BASIS THAT SUBSEQUENT TO HIS RETIREMENT THE MEMBER RECEIVED OUTPATIENT TREATMENT AND WAS HOSPITALIZED AT THE VETERANS ADMINISTRATION HOSPITAL AT HAMPTON, VIRGINIA, OR WHETHER HIS ENTITLEMENT TO SHIPMENT AND STORAGE OF THE EFFECTS TERMINATED ON APRIL 4, 1964.

THE TRAVEL OF MEMBERS OF THE UNIFORMED SERVICES AND THEIR DEPENDENTS AND TRANSPORTATION OF HOUSEHOLD EFFECTS, INSOFAR AS HERE PERTINENT, IS GOVERNED BY THE JOINT TRAVEL REGULATIONS PROMULGATED PURSUANT TO SECTIONS 404 AND 406 OF THE TITLE 37, UNITED STATES CODE. PARAGRAPHS 4158 AND 7012 OF THE JOINT TRAVEL REGULATIONS PROVIDE THAT WHEN A MEMBER IS RETIRED FOR PHYSICAL DISABILITY OR PLACED ON THE TEMPORARY DISABILITY RETIRED LIST, TRAVEL OF THE MEMBER AND HIS DEPENDENTS TO A SELECTED HOME MUST BE COMPLETED WITHIN 1 YEAR AFTER THE TERMINATION OF ACTIVE DUTY. PARAGRAPH 8260 OF THE REGULATIONS PROVIDES FOR SHIPMENT OF HOUSEHOLD GOODS TO THE HOME SELECTED BY THE MEMBER FOR THE PURPOSE OF RECEIVING TRAVEL ALLOWANCES FOR HIS TRAVEL IN ACCORDANCE WITH PARAGRAPH 4158 PROVIDED THE GOODS ARE TURNED OVER TO A TRANSPORTATION OFFICER OR CARRIER FOR SHIPMENT WITHIN 1 YEAR. AN EXCEPTION TO SUCH 1-YEAR LIMITATIONS IS MADE IN THE CASE OF A MEMBER WHO IS CONFINED IN OR UNDERGOING TREATMENT AT A GOVERNMENT HOSPITAL, OR CIVILIAN HOSPITAL AT GOVERNMENT EXPENSE, ON THE DATE OF TERMINATION OF ACTIVE SERVICE, IN WHICH CASE THE MEMBER MAY SELECT HIS HOME AND RECEIVE TRAVEL ALLOWANCES AND REIMBURSEMENT FOR TRANSPORTATION OF HIS DEPENDENTS, AND SHIPMENT OF HIS HOUSEHOLD EFFECTS, PROVIDED TRAVEL IS PERFORMED TO THE SELECTED HOME, OR HIS EFFECTS ARE TURNED OVER TO THE TRANSPORTATION OFFICER OR CARRIER FOR SHIPMENT, WITHIN 1 YEAR AFTER DATE OF DISCHARGE FROM THE HOSPITAL OR TERMINATION OF MEDICAL TREATMENT, OR 2 YEARS AFTER DATE OF TERMINATION OF ACTIVE SERVICE, WHICHEVER IS EARLIER. FURTHER EXTENSION OF THE TIME LIMITS MAY BE APPROVED BY THE SECRETARY OF THE SERVICE CONCERNED OR HIS DESIGNATED REPRESENTATIVE.

THE CITED PROVISIONS OF THE JOINT TRAVEL REGULATIONS CONTEMPLATE AN EXTENSION OF THE TIME DURING WHICH TRAVEL MAY BE PERFORMED UPON RETIREMENT IN CASES WHERE THE MEMBER IS ACTUALLY HOSPITALIZED ON THE DATE HIS ACTIVE SERVICE IS TERMINATED OR IS OTHERWISE NOT FREE TO PERFORM TRAVEL TO A SELECTED HOME BECAUSE HE IS UNDERGOING NECESSARY MEDICAL TREATMENT WHICH REQUIRES THAT HE REMAIN IN THE VICINITY OF THE MEDICAL FACILITY, THE EXTENSION RUNNING FOR A PERIOD NOT LONGER THAN THAT SITUATION CONTINUES PLUS 1 YEAR, OR 2 YEARS FROM TERMINATION OF ACTIVE SERVICE IF OCCURRING ON AN EARLIER DATE. SEE B-143957 DATED NOVEMBER 29, 1960, AND 36 COMP. GEN. 781, 783. IF, HOWEVER, A MEMBER IS ABLE TO TRAVEL TO A HOME OF SELECTION ON THE DATE OF TERMINATION OF ACTIVE DUTY BUT BECOMES HOSPITALIZED WITHIN THE 1-YEAR SELECTION PERIOD AUTHORIZED BY THE REGULATIONS PRIOR TO COMPLETING TRAVEL OR MOVEMENT OF HIS EFFECTS TO THE SELECTED HOME, EXTENSION OF THE TIME BEYOND THE 1-YEAR PERIOD FOLLOWING TERMINATION OF ACTIVE DUTY IS NOT PERMISSIBLE. 44 COMP. GEN. 15.

THE RECORD SHOWS THAT MASTER SERGEANT WILT WAS RETIRED AT WALTER REED GENERAL HOSPITAL ON APRIL 5, 1963, UNDER CIRCUMSTANCES NOT REQUIRING THAT HE REMAIN THERE FOR FURTHER HOSPITALIZATION OR TREATMENT. HENCE, HIS RIGHTS TO TRAVEL AND TRANSPORTATION ALLOWANCES FOR HIMSELF AND HIS DEPENDENTS AND TRANSPORTATION FOR HIS HOUSEHOLD EFFECTS, TO THE SELECTED HOME ACCRUED AND BECAME FIXED ON THAT DAY. THEREFORE, HIS ENTITLEMENT, OR ENTITLEMENT OF ANY SURVIVING DEPENDENTS, TO THOSE ALLOWANCES, INCLUDING SHIPMENT AND STORAGE OF HIS EFFECTS, TERMINATED 1 YEAR FOLLOWING HIS RETIREMENT, ON APRIL 4, 1964, AND THE FACT THAT HE WAS HOSPITALIZED AND RECEIVED OUTPATIENT TREATMENT AT THE VETERANS ADMINISTRATION HOSPITAL AT HAMPTON, VIRGINIA, AFTER HIS RETIREMENT DOES NOT OPERATE TO EXTEND THE 1- YEAR LIMIT AUTHORIZED BY THE REGULATIONS FOR TRAVEL TO THE SELECTED HOME.

ACCORDINGLY, SINCE THE HOUSEHOLD EFFECTS WERE NOT TURNED OVER TO THE TRANSPORTATION OFFICER FOR SHIPMENT TO THE HOME OF SELECTION WITHIN 1 YEAR AFTER THE MEMBER'S RELEASE FROM ACTIVE DUTY, THERE IS NO AUTHORITY FOR THE PAYMENT OF MOVING OR STORAGE CHARGES, NOR MAY THE EFFECTS NOW BE SHIPPED AT PUBLIC EXPENSE.

THE CLAIM AND SUPPORTING PAPERS WHICH ACCOMPANIED YOUR REQUEST FOR DECISION WILL BE RETAINED HERE.