B-123862, OCT. 31, 1955

B-123862, OCT. 31, 1955

TO MRS. ANNE M. WARD:

YOUR LETTER OF APRIL 4, 1955, REQUESTS REVIEW OF SETTLEMENT DATED MAY 21, 1954, WHICH DISALLOWED YOUR CLAIM AS WIDOW OF BERT EDWARD WARD FOR REIMBURSEMENT FOR YOUR TRAVEL FROM PENSACOLA, FLORIDA, TO SAN PEDRO, CALIFORNIA, FOLLOWING HIS RETIREMENT AS LIEUTENANT COMMANDER, UNITED STATES NAVY. YOU ALSO NOW APPEAR TO CLAIM MILEAGE FOR THAT PORTION OF THE TRAVEL YOUR LATE HUSBAND PERFORMED FOLLOWING HIS RETIREMENT.

THE RETIREMENT OF COMMANDER WARD, EFFECTIVE AUGUST 31, 1952, WAS ANNOUNCED BY ORDERS DATED AUGUST 11, 1952, ADDRESSED TO HIM AT THE NAVAL AIR STATION, PENSACOLA, FLORIDA. IN A LETTER DATED JULY 22, 1952, HE ADVISED THE CHIEF OF NAVAL PERSONNEL THAT HE SELECTED SAN PEDRO, CALIFORNIA, AS HIS PERMANENT HOME SUBSEQUENT TO HIS RETIREMENT BUT THAT HE WAS UNABLE TO FURNISH A PERMANENT ADDRESS AT THAT TIME. THE FOURTH INDORSEMENT OF AUGUST 31, 1952, TO HIS RETIREMENT ORDERS READS, INPERTINENT PART, AS FOLLOWS:

"4. YOU HAVE STATED THAT YOU HAVE NOT AS YET SELECTED THE PLACE IN WHICH YOU WILL RESIDE PERMANENTLY UPON RELEASE FROM ACTIVE DUTY.

"5. YOU HAVE STATED THAT UPON RELEASE FROM ACTIVE DUTY YOUR "PRESENT ADDRESS," THE PLACE AT WHICH YOU MAY BE REACHED AT ANY TIME BY ORDERS OR OTHER OFFICIAL COMMUNICATIONS WILL BE:

PAINT LICK, KENTUCKY.'

IN THE PRESENTATION OF YOUR CLAIM YOU INDICATE THAT YOU ARRIVED AT PAINT LICK ON SEPTEMBER 4, 1952, FOLLOWING YOUR HUSBAND'S RETIREMENT AT PENSACOLA AND THAT YOU DEPARTED FROM PAINT LICK ON MAY 19, 1953, AND ARRIVED AT SAN PEDRO, CALIFORNIA ON MAY 24, 1953. YOUR HUSBAND DIED AT LANCASTER, KENTUCKY, ON SEPTEMBER 9, 1952. IN YOUR PRESENT LETTER YOU SAY THAT SAN PEDRO WAS YOUR HUSBAND'S CHOICE OF RESIDENCE FOLLOWING RETIREMENT AND THAT HE COMMENCED TRAVEL WITH YOU TO THAT CITY WITH STOPOVER PRIVILEGES TO VISIT HIS MOTHER AT PAINT LICK, WHERE HE DIED.

REGULATIONS GOVERNING THE PAYMENT OF TRAVEL ALLOWANCES FOR MEMBERS AND THEIR DEPENDENTS ON PERMANENT CHANGE OF STATION, INCLUDING THAT FROM LAST STATION TO HOME UPON RETIREMENT, ISSUED UNDER AUTHORITY OF SECTION 303 OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 814, ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. PARAGRAPH 4150 OF THOSE REGULATIONS PROVIDES FOR PAYMENT TO THE MEMBER OF MILEAGE AT THE RATE OF SIX CENTS A MILE FOR TRAVEL UPON RETIREMENT. CASE 12 OF PARAGRAPH 4153 PROVIDES THAT A MEMBER IS ENTITLED TO MILEAGE TO HIS HOME ON PERMANENT RETIREMENT PROVIDED HE SELECTS HIS HOME AND COMPLETES TRAVEL TO IT WITHIN THE PRESCRIBED TIME LIMIT. PARAGRAPH 1150 DEFINES THE TERM "HOME" IN CONNECTION WITH RETIREMENT AS THE PLACE WHICH THE INDIVIDUAL SELECTS AND TRAVELS TO WITHIN ONE YEAR FROM DATE OF RETIREMENT. PARAGRAPHS 7001 AND 7003 FURTHER PROVIDE THAT UPON PERMANENT CHANGE OF STATION, INCLUDING FROM LAST STATION TO HOME UPON RETIREMENT, A MEMBER WHO TRANSPORTS HIS DEPENDENTS AT HIS OWN EXPENSE IS ENTITLED TO A MONETARY ALLOWANCE, AFTER THE TRAVEL HAS BEEN PERFORMED, AT THE RATES SPECIFIED.

THE PURPOSE OF THE STATUTE AND REGULATIONS IS TO AUTHORIZE TRANSPORTATION AT GOVERNMENT EXPENSE FOR THE OFFICER OR ENLISTED MAN AND HIS DEPENDENTS TO THE PLACE WHERE HE GOES TO RESIDE PERMANENTLY FOLLOWING RETIREMENT. PAYMENT OF ALLOWANCES FOR SUCH TRANSPORTATION IS NOT AUTHORIZED, HOWEVER, UNTIL A PLACE OF RESIDENCE HAS BEEN SELECTED AND TRAVEL TO IT FOR THAT PURPOSE HAS BEEN PERFORMED. FURTHERMORE, UNDER THE STATUTE AND REGULATIONS AND RIGHT TO HAVE HIS DEPENDENTS TRANSPORTED OR RECEIVE AN ALLOWANCE IN LIEU OF SUCH TRANSPORTATION DOES NOT ACCRUE TO THE DEPENDENTS BUT TO THE RETIRED MEMBER INVOLVED AND SUCH RIGHT DOES NOT SURVIVE THE MAN'S DEATH OR ACCRUE TO HIS ESTATE WHERE THE TRAVEL HAS NOT BEEN PERFORMED PRIOR TO HIS DEATH. HENCE, THERE IS NO LEGAL BASIS FOR PAYMENT TO YOU OF ANY AMOUNT ON ACCOUNT OF THE TRAVEL PERFORMED BY YOU FROM PAINT LICK, KENTUCKY, TO SAN PEDRO, CALIFORNIA, SUBSEQUENT TO THE DEATH OF YOUR HUSBAND.

UNDER SIMILAR PRIOR LAWS AND REGULATIONS IT HAS BEEN HELD THAT WHERE, FOLLOWING RETIREMENT, A MEMBER DIES WHILE EN ROUTE TO THE PLACE SELECTED AS HIS HOME, REIMBURSEMENT WAS AUTHORIZED FOR THE PORTION OF THE TRAVEL ACTUALLY PERFORMED BY THE MEMBER AND HIS DEPENDENTS BEFORE DEATH OCCURRED. B-77961, AUGUST 25, 1948; A-78215, FEBRUARY 12, 1937. THE TRAVEL THAT YOU AND YOUR HUSBAND PERFORMED FROM PENSACOLA, FLORIDA, TO PAINT LICK, KENTUCKY, HOWEVER, WAS NOT OVER A USUALLY TRAVELED ROUTE BETWEEN THE PLACE OF RETIREMENT AND SAN PEDRO, THE PLACE SELECTED AS A HOME, OR EVEN IN THAT GENERAL DIRECTION. HENCE, SUCH TRAVEL MAY NOT BE CONSIDERED AS HAVING BEEN PERFORMED EN ROUTE TO THE PLACE SELECTED AS A HOME. THEREFORE, NO AMOUNT ACCRUED TO YOUR HUSBAND ON ACCOUNT OF THAT TRAVEL.

ACCORDINGLY, THE SETTLEMENT OF MAY 21, 1954, WHICH DISALLOWED YOUR CLAIM IS SUSTAINED.