B-131645, JUN. 3, 1957

B-131645, JUN. 3, 1957

TO THE SECRETARY OF THE NAVY:

FURTHER REFERENCE IS MADE TO LETTER OF APRIL 23, 1957, AND ENCLOSURES, FROM THE ASSISTANT SECRETARY OF THE NAVY, REQUESTING A DECISION CONCERNING THE RIGHT OF REAL ADMIRAL JOHN G. FOSTER, USN, RETIRED, TO TRAVEL ALLOWANCE FOR HIS TRAVEL AND FOR TRANSPORTATION OF HIS DEPENDENTS AND HOUSEHOLD EFFECTS, INCIDENT TO HIS RETIREMENT EFFECTIVE JUNE 30, 1956, IN THE CIRCUMSTANCES SHOWN.

BY ORDERS DATED MARCH 22, 1956, AS AMENDED, REAR ADMIRAL FOSTER WAS RETIRED EFFECTIVE JUNE 30, 1956, AT SEATTLE, WASHINGTON. HE HAS CERTIFIED THAT HE SELECTED CORAL GABLES, FLORIDA, AS HIS HOME UPON RETIREMENT AND THAT HE TRAVELED FROM SEATTLE TO CORAL GABLES BETWEEN JULY 19 AND NOVEMBER 30, 1956. ON THE BASIS OF HIS CERTIFICATION, HE WAS PAID $220.08 ON VOUCHER NO. 3543, IN THE JANUARY 1957 ACCOUNTS OF H. L. KNOPES, AS MILEAGE FOR HIS TRAVEL TO THE SELECTED HOME. HE WAS ALSO PAID $550.20 ON VOUCHER NO. 142527, IN THE FEBRUARY 1957 ACCOUNTS OF D. N. COBA, AS REIMBURSEMENT FOR TRAVEL CERTIFIED BY HIM TO HAVE BEEN PERFORMED BY HIS DEPENDENTS FROM SEATTLE TO CORAL GABLES BETWEEN JULY 19 AND DECEMBER 25, 1956.

IN HIS LETTER OF MARCH 27, 1957, TO THE CHIEF, BUREAU OF SUPPLIES AND ACCOUNTS, WHICH WAS FORWARDED HERE, REAR ADMIRAL FOSTER SAYS, IN SUBSTANCE, THAT HIS HOUSEHOLD EFFECTS WERE PLACED IN GOVERNMENT STORAGE FOLLOWING HIS RETIREMENT WITH THE UNDERSTANDING THAT SHIPMENT OF SUCH EFFECTS AT GOVERNMENT EXPENSE WOULD BE MADE TO ANY PLACE DESIGNATED BY HIM AT ANY TIME WITHIN ONE YEAR FROM THE DATE OF HIS RETIREMENT; THAT FOR A NUMBER OF YEARS HIS OFFICIAL HOME HAD BEEN GAINESVILLE, FLORIDA; THAT WHEN HE SUBMITTED CLAIMS FOR HIS TRAVEL AND THE TRAVEL OF HIS DEPENDENTS TO CORAL GABLES, FLORIDA, HE UNDERSTOOD THAT HIS HOUSEHOLD EFFECTS COULD BE SHIPPED AT GOVERNMENT EXPENSE TO A DESTINATION OTHER THAN CORAL GABLES; AND THAT IT WAS HIS INTENTION TO ESTABLISH A PERMANENT HOME SOMEWHERE IN FLORIDA. HE WAS TENDERED CASHIER'S CHECK NO. 1688661, DATED MARCH 27, 1957, ISSUED BY THE BANK OF AMERICA, IN THE AMOUNT OF $770.28, PAYABLE TO THE TREASURER OF THE UNITED STATES, IN REPAYMENT OF THE AMOUNTS RECEIVED BY HIM FOR HIS TRAVEL AND THE TRAVEL OF HIS DEPENDENTS TO CORAL GABLES FOLLOWING HIS RETIREMENT. HE REQUESTS THAT SUCH CHECK BE ACCEPTED, AND THAT HE BE AUTHORIZED TO SELECT ANOTHER PLACE AS HIS HOME INCIDENT TO RETIREMENT.

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. SECTION 303 (C) PROVIDES THAT, UNDER UNIFORM REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, A MEMBER WHO IS RETIRED IN THE CIRCUMSTANCES DESCRIBED IS ENTITLED TO TRANSPORTATION FOR HIS DEPENDENTS AND FOR HIS BAGGAGE AND HOUSEHOLD EFFECTS TO THE HOME SELECTED FOR ALLOWANCE PURPOSES UNDER SUBSECTION (A) OF THIS SECTION.

PARAGRAPH 1150-3 (B), JOINT TRAVEL REGULATIONS, PROVIDES THAT THE TERM "HOME OF SELECTION," AS USED IN THESE REGULATIONS, MEANS THE PLACE SELECTED BY A MEMBER AS HIS HOME UPON RETIREMENT (INCLUDING TRANSFER TO THE FLEET RESERVE OR FLEET MARINE CORPS RESERVE), DISCHARGE WITH SEVERANCE PAY, OR PLACEMENT ON THE TEMPORARY DISABILITY RETIRED LIST UNDER THE CONDITIONS AUTHORIZED IN PARAGRAPH 4158-1A. THE LATTER PARAGRAPH PROVIDES THAT A MEMBER UPON RETIREMENT, IN THE CIRCUMSTANCES SPECIFIED, MAY SELECT HIS HOME AND RECEIVE TRAVEL ALLOWANCES THERETO, PROVIDED THAT TRAVEL IS COMPLETED TO THE SELECTED HOME WITHIN ONE YEAR AFTER TERMINATION OF ACTIVE DUTY. IT IS FURTHER PROVIDED THAT ONCE A HOME IS SELECTED AND TRAVEL THERETO IS PERFORMED, SUCH SELECTION IS IRREVOCABLE.

UNDER THE PROVISIONS OF PARAGRAPH 7012-1A OF THE JOINT TRAVEL REGULATIONS A MEMBER, UPON RETIREMENT, IS ENTITLED TO TRANSPORTATION OF DEPENDENTS, WITHIN SPECIFIED LIMITATIONS, TO THE HOME SELECTED BY HIM FOR THE PURPOSE OF RECEIVING TRAVEL ALLOWANCES FOR HIS TRAVEL IN ACCORDANCE WITH PARAGRAPH 4158, PROVIDED SUCH TRAVEL IS COMPLETED WITHIN ONE YEAR AFTER THE MEMBER'S TERMINATION OF ACTIVE DUTY.

TRANSPORTATION OF HOUSEHOLD EFFECTS COVERED BY PARAGRAPH 8009-6A OF THE SAME REGULATIONS. A MEMBER, UPON RETIREMENT, IS ENTITLED TO SHIPMENT OF HOUSEHOLD GOODS, WITHIN SPECIFIED LIMITATIONS, TO THE HOME SELECTED BY THE MEMBER FOR THE PURPOSE OF RECEIVING TRAVEL ALLOWANCES FOR HIS TRAVEL IN ACCORDANCE WITH PARAGRAPH 4158, PROVIDED SUCH GOODS ARE TURNED OVER TO A TRANSPORTATION OFFICER OR CARRIER FOR SHIPMENT WITHIN ONE YEAR FOLLOWING TERMINATION OF ACTIVE DUTY. IT IS FURTHER PROVIDED THAT SHIPMENT OF HOUSEHOLD GOODS TO ANY PLACE OTHER THAN HOME OF SELECTION IS NOT AUTHORIZED, COMPARATIVE COST NOTWITHSTANDING.

REAR ADMIRAL FOSTER CERTIFIED THAT HE SELECTED CORAL GABLES, FLORIDA, AS HIS HOME FOLLOWING HIS RETIREMENT AND HE TRAVELED THERETO. SEVERAL WEEKS THEREAFTER HE CLAIMED AND WAS PAID THE AUTHORIZED TRAVEL ALLOWANCES FOR HIS TRAVEL AND FOR THE TRAVEL OF HIS DEPENDENTS TO CORAL GABLES. ALL THE FACTS INDICATE THAT IT WAS NOT UNTIL SOMETIME AFTER THOSE TRAVEL ALLOWANCES WERE RECEIVED THAT HE CHANGED HIS MIND AND EXPRESSED A DESIRE TO SELECT A DIFFERENT PLACE. UNDER SUCH CIRCUMSTANCES CORAL GABLES MUST BE CONSIDERED AS HIS HOME OF SELECTION WITHIN THE CONTEMPLATION OF THE APPLICABLE STATUTE AND REGULATIONS. PARAGRAPH 4158-1A OF THE JOINT TRAVEL REGULATIONS SPECIFICALLY PROVIDES THAT ONCE A HOME IS SELECTED AND TRAVEL THERETOIS PERFORMED SUCH SELECTION IS IRREVOCABLE. HENCE, THE OFFICER MAY NOT REVOKE HIS SELECTION OF CORAL GABLES AS HIS HOME AND SELECT CORONADO, CALIFORNIA, OR SOME OTHER POINT, AS HIS HOME INCIDENT TO HIS RETIREMENT. THAT BEING SO, HE IS ENTITLED TO SHIPMENT OF HIS HOUSEHOLD EFFECTS AT GOVERNMENT EXPENSE FROM STORAGE TO CORAL GABLES BUT NOT TO SOME OTHER PLACE, COMPARATIVE COST NOTWITHSTANDING.

THE OFFICER'S ORIGINAL ORDERS AND CASHIER'S CHECK NO. 1688661 ARE RETURNED HEREWITH.