B-173250, JUN 30, 1971

B-173250, JUN 30, 1971

MILITARY PERSONNEL - RETIREMENT - TRAVEL TO HOME OF SELECTION DECISION AFFIRMING PRIOR SETTLEMENT WHICH DISALLOWED CLAIM FOR ADDITIONAL MONIES EXPENDED BY CLAIMANT INCIDENT TO TRAVEL TO HIS HOME OF SELECTION UPON RETIREMENT. BECAUSE TRANSPORTATION WAS AVAILABLE BY MILITARY AIRLIFT COMMAND, CLAIMANT CAN BE REIMBURSED FOR PERSONAL EXPENSES IN THE USE OF COMMERCIAL AIR, LIMITED TO THE COST THE GOVERNMENT WOULD HAVE BEEN REQUIRED TO PAY FOR TRAVEL BY GOVERNMENT AIR. ON THIS BASIS THE SETTLEMENT WAS PROPERLY COMPUTED AT $89.70 AND NO ADDITIONAL AMOUNT IS DUE FOR TRAVEL.

TO SFC THOMAS H. YEATMAN, RETIRED:

WE AGAIN REFER TO YOUR LETTERS OF JANUARY 22 AND JUNE 1, 1971, REQUESTING FURTHER CONSIDERATION OF THE SETTLEMENT OF DECEMBER 3, 1970, WHICH ALLOWED $89.70 AS REIMBURSEMENT FOR YOUR TRAVEL TO HOME OF SELECTION INCIDENT TO YOUR RETIREMENT.

BY PARAGRAPH 275, SPECIAL ORDER NO. 77, DATED APRIL 22, 1969, AS AMENDED, YOU WERE RELEASED FROM ACTIVE DUTY ON JUNE 30, 1969, AT FORT HAMILTON, NEW YORK, AND RETIRED EFFECTIVE JULY 1, 1969. WHEN THE ORDERS WERE ISSUED YOU WERE ON DUTY IN GERMANY, AND WERE RETURNED FOR THE PURPOSE OF RETIREMENT. THE RECORD SHOWS THAT YOU ENTERED ON ACTIVE DUTY AT BAMBERG, GERMANY, AND THAT YOU SELECTED THAT PLACE AS YOUR HOME UPON RETIREMENT.

YOUR CLAIM FOR TRAVEL TO THE HOME SELECTED COVERS YOUR TRAVEL FROM AUGUSTA, GEORGIA, TO BAMBERG, GERMANY, VIA JOHN F. KENNEDY AIRPORT, NEW YORK, AND FRANKFURT, GERMANY, JULY 11 TO 13, 1969, BY COMMERCIAL AIR. THE AMOUNT ALLOWED BY THE SETTLEMENT COVERS MILEAGE FROM FORT HAMILTON, NEW YORK, TO MCGUIRE AIR FORCE BASE, NEW JERSEY, THE COST OF TRAVEL BY MILITARY AIRLIFT COMMAND FROM THE LATTER PLACE TO FRANKFURT, GERMANY, AND MILEAGE FROM THERE TO BAMBERG. IN YOUR LETTER OF JANUARY 22, 1971, YOU CONTENDED THAT THE AMOUNT ALLOWED DOES NOT COVER THE AMOUNT SPENT BY YOU FOR YOUR TRAVEL.

THE CONTROLLING STATUTE, 37 U.S.C. 404, PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, A MEMBER OF THE UNIFORMED SERVICES WHO IS RETIRED UNDER THE CIRCUMSTANCES DESCRIBED MAY SELECT HIS HOME FOR THE PURPOSE OF TRAVEL ALLOWANCE. REGULATIONS ISSUED PURSUANT TO THAT STATUTORY AUTHORITY ARE CONTAINED IN THE JOINT TRAVEL REGULATIONS. PARAGRAPH M4158-1A OF THOSE REGULATIONS PROVIDES THAT A MEMBER UPON RETIREMENT MAY SELECT HIS HOME AND RECEIVE TRAVEL ALLOWANCES FROM HIS LAST DUTY STATION TO THE SELECTED HOME AS PRESCRIBED IN PARAGRAPH M4159.

THE LATTER PARAGRAPH REQUIRES THE USE OF GOVERNMENT AIRCRAFT FOR OCEAN TRAVEL WHEN AVAILABLE, AND WHEN TRAVEL IS PERFORMED BY OTHER MEANS AT PERSONAL EXPENSE REIMBURSEMENT IS LIMITED TO THE COST THE GOVERNMENT WOULD HAVE BEEN REQUIRED TO PAY FOR TRAVEL BY GOVERNMENT AIR. IT LONG HAS BEEN THE VIEW THAT THE GOVERNMENT'S LIABILITY FOR TRAVEL OF MEMBERS IS LIMITED TO THE LEAST EXPENSIVE MEANS MEETING THE REQUIREMENTS OF THE SERVICE. COMP. GEN. 482 (1961), 41 COMP. GEN. 100 (1961) AND 49 COMP. GEN. 744 (1970).

UPON YOUR RETIREMENT AT FORT HAMILTON, NEW YORK, AND SELECTION OF BAMBERG, GERMANY, AS YOUR HOME UPON RETIREMENT YOU WERE ENTITLED TO TRAVEL ALLOWANCES FOR TRAVEL BETWEEN THOSE POINTS. SINCE TRANSPORTATION WAS AVAILABLE BY MILITARY AIRLIFT COMMAND FROM MCGUIRE AIR FORCE BASE, NEW JERSEY, TO FRANKFURT, GERMANY, THE AMOUNT ALLOWED AS REIMBURSEMENT FOR YOUR TRAVEL WAS LIMITED TO THE CHARGE TO THE GOVERNMENT FOR TRAVEL BY THAT MEANS ($78) PLUS MILEAGE FROM FORT HAMILTON TO MCGUIRE AIR FORCE BASE ($4.14) AND FROM FRANKFURT TO BAMBERG, GERMANY ($7.56) OR A TOTAL OF $89.70.

SINCE NO ADDITIONAL AMOUNT IS DUE FOR YOUR TRAVEL, THE SETTLEMENT OF DECEMBER 3, 1970, IS CORRECT AND IS SUSTAINED. IF, AS INDICATED IN YOUR LETTER YOU HAVE NOT CASHED THE CHECK, IT IS SUGGESTED THAT YOU DO SO.