B-244829, Jan, 1992

B-244829, Jan, 1992

DIGEST: Upon retirement, a member moved to Texas and shipped household goods there. He had designated Thailand as his home of selection. He travelled there within a year of retirement but remained only a short time. He is not entitled to travel allowances to Thailand because he did not travel there with the intent of making a home there at the time of his travel.

M. Sgt. William J. Smith, USAF (Retired):

This responds to your appeal of our Claims Group's determination Z 2866994, which denied your claim for travel allowances for your travel to Thailand.

When you retired from the Air Force, you were entitled to travel and transportation allowances to your home of selection within 1 year of retirement. The regulations and our decisions require that you travel to your home of selection with the intent to make your home there at the time of the travel. A visit with the intent to make a home there at some time in the future does not satisfy the regulations. 52 Comp.Gen. 242 (1972) (copy enclosed).

Upon review of the record, we find no error of law or fact in the Claims Group's determination which would warrant a change in that determination.

FACTS:

This is an appeal from a Claims Group determination which denied the claim of Master Sergeant William J. Smith, USAF (Retired) for travel allowances for home of selection travel to Thailand following his retirement. Upon leaving active duty in North Dakota on May 31, l989, MSgt Smith designated Thailand as his home of selection. He went to Texas and took shipment of 900 pounds of household goods there. Ten months later he travelled to Thailand and stayed for 4 weeks before returning to the United States. He now lives in Oklahoma but indicates that he intends to return to Thailand to live. He received a travel request for Thailand, but when he returned, the Air Force determined that he was entitled to travel allowances only as far as Texas. They began collection of the difference.

LAW:

(1) A service member who retires from active duty is entitled to travel allowances to a home of selection within 1 year of retirement, 37 U.S.C. Sec. 404(c); Joint Federal Travel Regulations (JFTR), volume 1, paragraph U5130.

(2) Appendix A of the JFTR defines "home of selection" as the place selected by a member for his home upon retirement.

(3) Travel to a home of selection must be completed within 1 year of retirement under the regulations, a trip of short duration taken within a year for the purpose of visiting a future homesite may not properly be considered travel to a home of selection. 52 Comp.Gen. 242 (l972).

FINDINGS:

Since MSgt Smith remained in Thailand for only a short time, he is not entitled to travel allowances for his trip there. The fact that he may later move there permanently does not satisfy the regulations.

CONCLUSIONS:

MSgt Smith's claim for travel allowances for his travel to Thailand is denied. The Claims Group's determination is affirmed.