B-129742, DEC. 19, 1956

B-129742, DEC. 19, 1956

TO FIRST LIEUTENANT J. J. CLUBA, JR., FINANCE AND ACCOUNTING OFFICER, DEPARTMENT OF THE ARMY:

BY FOURTH INDORSEMENT OF NOVEMBER 7, 1956, THE CHIEF OF FINANCE, DEPARTMENT OF THE ARMY, FORWARDED YOUR LETTER OF SEPTEMBER 14, 1956, SUBMITTING FOR ADVANCE DECISION A VOUCHER STATED IN FAVOR OF MASTER SERGEANT PELHAM O. HOLMES, RA 6827019, FOR REIMBURSEMENT FOR THE TRAVEL OF HIS DEPENDENTS FROM FORT HOOD, TEXAS, TO MANITOWOC, WISCONSIN.

BY PARAGRAPH 98, SPECIAL ORDERS NO. 239, DEPARTMENT OF THE ARMY, WASHINGTON, D. C., DATED DECEMBER 2, 1955, SERGEANT HOLMES WAS RETIRED AND TRANSFERRED TO THE UNITED STATES ARMY RESERVE AT FORT HOOD, TEXAS, EFFECTIVE DECEMBER 31, 1955. SUCH ORDERS DIRECTED HIM TO PROCEED TO HIS HOME AT THE PROPER TIME. PARAGRAPH 112, SPECIAL ORDERS NO. 3, DEPARTMENT OF THE ARMY, WASHINGTON, D. , DATED JANUARY 4, 1956, STATES THAT---

"SO MUCH OF PAR 98 DASO 239 DTD 2 DEC 1955 WHICH DIRECTS THE RETIREMENT AND TRF USAR CONTROL GROUP (RETIRED) OF MSGT (E-7) PELHAM O. HOLMES RA 6827019 SVC BTRY 197TH ARMD FA BN 4TH ARMD DIV AT FT HOOD, TEX, BOTH EFF 31 DEC 1955 UNDER THE PROVISIONS OF PL 190 79TH CONG IS REVOKED.'

THE ENLISTED MAN HAS CERTIFIED THAT HIS DEPENDENTS (WIFE AND TWO CHILDREN) TRAVELED AT PERSONAL EXPENSE FROM FORT HOOD, TEXAS, TO MANITOWOC, WISCONSIN, A "DESIGNATED DESTINATION," BETWEEN JANUARY 1 AND 2, 1956. IT IS SHOWN THAT HE DID NOT TRAVEL TO MANITOWOC FOLLOWING HIS RETIREMENT BECAUSE HE WAS HOSPITALIZED FOR DISABILITY, AND THAT HE WAS LATER TRANSFERRED TO VALLEY FORGE ARMY HOSPITAL, PHOENIXVILLE, PENNSYLVANIA, FOR FURTHER OBSERVATION AND TREATMENT.

UNDER THE UNIFORM RETIREMENT DATE ACT, APPROVED APRIL 23, 1930, 46 STAT. 253, AS AMENDED, THE EFFECTIVE DATE OF ALL RETIREMENTS AUTHORIZED BY LAW OF FEDERAL PERSONNEL OF WHATEVER CLASS, CIVIL, MILITARY, NAVAL, JUDICIAL, LEGISLATIVE, OR OTHERWISE, AND FOR WHATEVER CAUSE RETIRED, IS THE FIRST DAY OF THE MONTH FOLLOWING THE MONTH IN WHICH SAID RETIREMENT WOULD OTHERWISE HAVE BECOME EFFECTIVE. IF A MEMBER IS LEGALLY RETIRED, HIS CHANGE OF STATUS BECOMES AN ACCOMPLISHED FACT AND CANNOT BE UNDONE RETROACTIVELY. SEE 32 COMP. GEN. 558, 559. THUS, WHEN THE MEMBER'S RETIREMENT ORDERS OF DECEMBER 2, 1955, BECAME EFFECTIVE ON DECEMBER 31, 1955, HE BECAME A RETIRED MEMBER AND AFTER THAT DATE HE WAS ENTITLED TO ONLY THE PAY AND TRANSPORTATION BENEFITS OF A RETIRED PERSON. THE PURPORTED REVOCATION OF SUCH ORDERS BY THE ORDERS OF JANUARY 4, 1956, WAS WITHOUT EFFECT.

SECTION 303/A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 814, AS AMENDED BY SECTION 1 OF THE ACT OF AUGUST 11, 1955, 69 STAT. 691, PROVIDES THAT, UNDER UNIFORM REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, A MEMBER OF THE UNIFORMED SERVICES WHO IS RETIRED IN THE CIRCUMSTANCES DESCRIBED MAY SELECT HIS HOME FOR THE PURPOSE OF TRAVEL AND TRANSPORTATION ALLOWANCES PAYABLE UNDER THIS SECTION. PARAGRAPHS 4158 AND 7012, JOINT TRAVEL REGULATIONS, EFFECTIVE AUGUST 11, 1955, ISSUED PURSUANT TO THAT STATUTE, PROVIDE THAT A MEMBER WHO IS RETIRED MAY SELECT HIS DEPENDENTS FROM HIS LAST STATION TO SUCH SELECTED HOME, PROVIDED THAT TRAVEL IS COMPLETED TO THE SELECTED HOME WITHIN THE SPECIFIED TIME LIMITATIONS. THE PURPOSE OF THE STATUTE AND REGULATIONS IS TO AUTHORIZE TRANSPORTATION AT GOVERNMENT EXPENSE FOR A MEMBER AND HIS DEPENDENTS TO THE PLACE WHERE HE GOES TO RESIDE PERMANENTLY FOLLOWING RETIREMENT, AND UNTIL SUCH A PLACE HAS BEEN SELECTED AND TRAVEL TO IT FOR THAT PURPOSE HAS BEEN PERFORMED, NO RIGHT TO SUCH TRANSPORTATION ALLOWANCE ACCRUES. THE PRESENT RECORD FAILS TO SHOW THAT SERGEANT HOLMES SELECTED A HOME FOLLOWING HIS RETIREMENT AND TRAVELED TO IT AND, HENCE, THERE IS NO PROPER BASIS UNDER THE APPLICABLE STATUTE AND REGULATIONS FOR PAYMENT FOR THE TRAVEL OF HIS DEPENDENTS FROM FORT HOOD.

ACCORDINGLY, ON THE PRESENT RECORD, PAYMENT ON THE SUBMITTED VOUCHER IS NOT AUTHORIZED AND IT WILL BE RETAINED HERE.