B-124693, JUL. 17, 1961

B-124693, JUL. 17, 1961

TO MR. STANLEY MADISON:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 22, 1961, IN REPLY TO OUR DECISION OF JUNE 8, 1961, B-124693, SUSTAINING THAT PART OF THE SETTLEMENT OF MARCH 28, 1961, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS FROM NEW YORK, NEW YORK, TO BROCKTON, MASSACHUSETTS, UPON YOUR RETIREMENT AS CAPTAIN, USAR.

YOUR LETTER STATES IN PART:

"IF YOU BASE YOUR REVIEW ONLY ON THE LAST STATEMENT IN MY LETTER OF MARCH 18, 1961 TO MR. D. J. HEPHNER, THEN IT SHOULD READ AS FOLLOWS:

"ON JULY 6, 1960 I DEPARTED NEW YORK CITY AND ARRIVED IN PLYMOUTH, MASSACHUSETTS WHERE I INTENDED TO ESTABLISH A HOME. WHETHER THIS IS MY FINAL HOME OF SELECTION INCIDENT TO RETIREMENT DEPENDS ON WHETHER MY DEPENDENTS COMPLETE TRAVEL FROM BROCKTON TO PLYMOUTH, OR WHETHER I ALSO SELECT BROCKTON AS MY HOME ON RETIREMENT.

"ON JUNE 12, 1961 I ARRIVED AT OUR HOME IN BROCKTON.'

OUR DECISION OF JUNE 8, 1961, WAS REACHED AFTER CAREFUL CONSIDERATION OF ALL THE FACTS AND CIRCUMSTANCES INVOLVED IN YOUR CASE WHICH INCLUDED THE STATEMENT IN YOUR LETTER OF MARCH 18, 1961.

THE RECORD SHOWS THAT IN RESPONSE TO A LETTER FROM THE DEPARTMENT OF THE ARMY POINTING OUT IN YOUR CLAIM THE DIFFERENCE IN THE ADDRESSES OF THE HOMES OF SELECTION FOR YOU AND YOUR DEPENDENTS AND PROVISIONS OF THE REGULATIONS APPLICABLE THERETO, YOU RETURNED THE "CERTIFICATE FOR TRAVEL TO HOME OF SELECTION" WHEREIN YOU HAD CERTIFIED THAT YOU DEPARTED FORT HAMILTON, NEW YORK, ON JUNE 30, 1960, AND ARRIVED AT PLYMOUTH, MASSACHUSETTS (YOUR HOME OF SELECTION FOR RETIREMENT), ON JULY 6, 1960. IN YOUR TRANSMITTAL LETTER OF NOVEMBER 29, 1960, TO THE FINANCE CENTER, U.S. ARMY, INDIANAPOLIS, INDIANA, YOU STATED:

"I AM RETURNING TO YOU THE "CERTIFICATE FOR TRAVEL TO HOME OF SELECTION," WITH ONE SET OF MY REDEPLOYMENT ORDERS, FOR PROCESSING AND PROMPT PAYMENT, SINCE I HAVE INDICATED ON THE FORM MY HOME ON RETIREMENT.'

THE RECORD FURTHER SHOWS THAT CONSIDERABLE EFFORT WAS MADE BY OUR OFFICE TO DETERMINE WHETHER YOU INTENDED AT THE TIME OF TRAVEL TO ESTABLISH YOUR HOME AT PLYMOUTH, MASSACHUSETTS, AND THE NECESSITY FOR SUCH DETERMINATION AND EFFECT THEREOF WAS FULLY EXPLAINED TO YOU PRIOR TO YOUR LETTER OF MARCH 18, 1961, TO OUR CLAIMS DIVISION. IN THAT LETTER YOU STATED "ON JULY 6, 1960 I DEPARTED NEW YORK CITY AND ARRIVED IN PLYMOUTH, MASSACHUSETTS WHERE I INTENDED TO ESTABLISH A E.'

IT APPEARS THAT YOU BELIEVE YOUR CLAIM SHOULD BE ALLOWED BECAUSE YOU RECENTLY ARRIVED AT BROCKTON AND THE INFERENCE IS DRAWN THAT YOU HAVE NOW SELECTED THAT PLACE AS YOUR HOME ON RETIREMENT.

THE PURPOSE OF THE STATUTE AND REGULATIONS DISCUSSED IN OUR DECISION OF JUNE 8, 1961, TO YOU, IS TO AUTHORIZE TRANSPORTATION AT GOVERNMENT EXPENSE FOR A MEMBER, HIS DEPENDENTS, AND HOUSEHOLD EFFECTS, TO THE PLACE WHERE HE GOES TO RESIDE FOLLOWING RETIREMENT AND ONCE SUCH A PLACE HAS BEEN SELECTED BY THE MEMBER AND TRAVEL ALLOWANCE RECEIVED FOR TRAVEL OR TRANSPORTATION TO SUCH HOME, SUCH SELECTION IS IRREVOCABLE. IN THAT DECISION WE POINTED OUT THAT THERE IS NO PROVISION FOR THE DEPENDENTS SELECTING A HOME OTHER THAN THAT SELECTED BY THE MEMBER. WE CONCLUDED THAT SINCE YOUR DEPENDENTS DID NOT TRAVEL TO THE HOME SELECTED BY YOU UPON RETIREMENT (PLYMOUTH, MASSACHUSETTS), THERE IS NO AUTHORITY FOR PAYMENT OF YOUR CLAIM FOR THEIR TRAVEL FROM NEW YORK, NEW YORK, TO BROCKTON, MASSACHUSETTS, AND SINCE YOU COMPLETED TRAVEL TO PLYMOUTH--- YOUR HOME OF SELECTION--- AND SINCE PAYMENT FOR SUCH TRAVEL WAS AUTHORIZED IN YOUR FAVOR, THERE IS NO AUTHORITY WHICH WOULD PERMIT YOU TO REVOKE SUCH SELECTION AND NOW SELECT BROCKTON AS YOUR HOME UPON RETIREMENT FOR TRAVEL ALLOWANCE PURPOSES FOR BOTH YOU AND YOUR DEPENDENTS.

THE INTENT TO ESTABLISH A HOME AT THE SELECTED PLACE, AT THE TIME OF TRAVEL THERETO BY A MEMBER, IS A CONDITION PRECEDENT TO THE RIGHT TO TRAVEL AND TRANSPORTATION ALLOWANCES TO SUCH PLACE. UNDER THE JOINT TRAVEL REGULATIONS YOU HAD ONE YEAR AFTER TERMINATION OF ACTIVE DUTY TO SELECT A HOME AND PERFORM TRAVEL TO THAT PLACE. YOU SELECTED PLYMOUTH, MASSACHUSETTS, AS YOUR HOME UPON RETIREMENT AS SHOWN IN THE CERTIFICATE FOR TRAVEL TO HOME OF SELECTION EXECUTED BY YOU AND REITERATED IN YOUR LETTER OF MARCH 18, 1961. CONTRARY TO YOUR APPARENT BELIEF, THERE IS NO AUTHORITY WHICH WOULD PERMIT YOU, AFTER SELECTING A HOME AND PERFORMING TRAVEL TO THAT HOME WITH THE INTENTION OF ESTABLISHING A RESIDENCE THERE, TO SUSPEND TEMPORARILY YOUR ORIGINAL INTENTION UNTIL SUCH TIME AS YOUR DEPENDENTS DECIDE TO TRAVEL FROM BROCKTON TO PLYMOUTH OR UNTIL SUCH TIME AS YOU DECIDE THAT BROCKTON--- RATHER THAN PLYMOUTH--- IS YOUR SELECTED HOME UPON RETIREMENT. THE INTENTION MUST BE CLEARLY ESTABLISHED AT THE TIME THE TRAVEL IS PERFORMED. HAVING SELECTED PLYMOUTH AS YOUR HOME UPON RETIREMENT THERE IS NO AUTHORITY TO PERMIT YOU TO REVOKE SUCH SELECTION AND SELECT BROCKTON. THE MERE FACT THAT YOU TRAVELED TO BROCKTON AS STATED IN YOUR LETTER "ON JUNE 12, 1961 I ARRIVED AT OUR HOME IN BROCKTON," DOES NOT SUPPORT THE CONCLUSION THAT YOU ACTUALLY TRAVELED TO THAT PLACE FOR THE PURPOSE OF ESTABLISHING A BONA FIDE RESIDENCE AT THAT PLACE.

ON THE PRESENT RECORD IT MUST BE CONCLUDED THAT YOU SELECTED PLYMOUTH, MASSACHUSETTS, AS YOUR HOME OF SELECTION UPON RETIREMENT AND SINCE YOUR DEPENDENTS HAVE NOT TRAVELED TO YOUR HOME OF SELECTION (PLYMOUTH) THERE IS NO AUTHORITY FOR PAYMENT OF YOUR CLAIM FOR ALLOWANCE FOR THEIR TRAVEL FROM NEW YORK TO BROCKTON. ACCORDINGLY, OUR DECISION OF JUNE 8, 1961, IS AFFIRMED.