Travel Allowance Claim

A retired member of the Army requested reconsideration of his claim for dependent travel expenses which was disallowed by the Claims Group. The claimant was stationed in Europe, and the travel expenses in question were incurred at the time of his retirement from the service. Prior to his retirement, the member requested clarification from the finance and accounting officer at his duty station as to his entitlement to retirement travel allowances for himself and his dependents. Based on the information he received, the member and his wife both flew at Government expense from the European duty station to the continental United States for retirement processing. They also returned to the duty station at Government expense. The member designated another location in Europe as his home of selection, and the couple moved there, at Government expense, upon the member's retirement. Subsequently, the Army determined that the retired member was indebted to the Army for the cost of his wife's travel to and from the United States when she accompanied him for retirement processing; the amount in question was withheld from the member's retired pay. The member protested that he had relied on official advice to decide whether or not to take his wife to the United States at that time. GAO stated that a member is entitled upon retirement to travel expenses for himself and his dependents from his permanent duty station to his home of designation when he is retired with pay. They are not entitled to such expenses to a place where they do not intend to establish a residence. Additionally, whether or not the member interpreted the advice given in a reasonable manner is not in question, since no authority exists for an official of the United States to authorize entitlements which are precluded from being paid by statute and regulation. Accordingly, the prior decision was affirmed.