B-136372, AUG. 26, 1965

B-136372, AUG. 26, 1965

TO CAPTAIN MARSHALL H. COX, USN, RETIRED:

YOUR LETTER OF JULY 24, 1965, WITH FURTHER REFERENCE TO YOUR REQUEST FOR REVIEW OF OUR OFFICE SETTLEMENT OF MARCH 18, 1965, FORWARDS ADDITIONAL EVIDENCE IN SUPPORT OF YOUR CLAIM FOR EXPENSES INCURRED IN JUNE 1963 IN CONNECTION WITH TRAVEL FROM SAN FRANCISCO TO LOS ANGELES, CALIFORNIA, INCIDENT TO TRAINING IN THE PEACE CORPS, AND REQUESTS OUR FURTHER CONSIDERATION OF YOUR CLAIM IN LIGHT OF SUCH EVIDENCE.

IN ANSWER TO OUR LETTER OF MAY 27, 1965, SUGGESTING THAT YOU SUBMIT SUCH WRITTEN AND ORAL EVIDENCE AS MAY BEAR ON THE QUESTION OF YOUR INTENT TO ESTABLISH AN ACTUAL RESIDENCE OR A DOMICILE IN HAWAII, YOU FORWARDED AN ACKNOWLEDGMENT BY THE CITY CLERK OF HONOLULU, HAWAII, OF YOUR REQUEST FOR AN ABSENTEE BALLOT IN THE 1964 ELECTION, AND SIX CANCELLED CHECKS PAYABLE TO BEKINS VAN AND STORAGE COMPANY, PASADENA, CALIFORNIA, IN PAYMENT FOR STORAGE OF HOUSEHOLD EFFECTS IN 1963 AND 1964. WHILE THE REQUEST FOR BALLOT APPLICATION IS AN ELEMENT TO BE TAKEN INTO CONSIDERATION IN DETERMINING RESIDENCE IT ALONE IS NOT CONTROLLING. THE STORAGE OF YOUR HOUSEHOLD EFFECTS WITH BEKINS VAN AND STORAGE COMPANY IN PASADENA, CALIFORNIA, IS AS CONSISTENT WITH RESIDENCE IN PASADENA AS IT IS WITH RESIDENCE IN HAWAII.

YOUR ADVICE TO THE PEACE CORPS THAT YOU COULD BE REACHED THROUGH THE BASE LOCATOR AT HICKMAN AIR FORCE BASE, HONOLULU, HAWAII, FROM MAY 14 UNTIL JUNE 5, 1963, PRIOR TO YOUR TRAVEL IN CONNECTION WITH TRAINING WITH THE PEACE CORPS, DOES NOT EQUATE TO AN EXPRESSION OF AN INTENTION TO DESIGNATE HONOLULU, HAWAII, AS YOUR PLACE OF RESIDENCE AT THE TIME YOU COMMENCED DUTY WITH THE PEACE CORPS.

THE PEACE CORPS HAS SUBMITTED A NUMBER OF DOCUMENTS EXECUTED BY YOU FOR OUR CONSIDERATION WHICH CONTAIN INFORMATION AS TO YOUR RESIDENCE AT THE TIME OF ENTRY IN THE SERVICE WITH THE PEACE CORPS. ALL OF THESE DOCUMENTS REFLECT YOUR PERMANENT RESIDENCE AT THE TIME OF YOUR TRAVEL FOR TRAINING DUTY AT THE UNIVERSITY OF CALIFORNIA, LOS ANGELES, AS BEING IN PASADENA OR NEARBY ALTADENA, CALIFORNIA.

THE RESPONSIBILITY FOR DETERMINING THE PLACE OF RESIDENCE OF AN EMPLOYEE OF THE PEACE CORPS IN CONNECTION WITH A CLAIM FOR TRAVEL IS PRIMARILY AN ADMINISTRATIVE ONE TO BE MADE BY THE AGENCY FROM THE FACTS IN THE PARTICULAR CASE. THIS OFFICE WOULD NOT ORDINARILY QUESTION A REASONABLE DETERMINATION IF PROPERLY SUPPORTED. IN THIS CASE THERE IS COMPELLING DOCUMENTARY EVIDENCE TO SUPPORT THE DETERMINATION OF THE PEACE CORPS THAT YOUR LEGAL RESIDENCE WAS IN PASADENA OR ALTADENA, CALIFORNIA, REQUIRING ONLY LOCAL TRAVEL TO LOS ANGELES. EVEN YOUR LETTER OF OCTOBER 14, 1963, TO THE PEACE CORPS REPRESENTATIVE IN ADDIS ABABA REGARDING PAYMENT FOR SHIPMENT OF YOUR HOUSEHOLD EFFECTS DESCRIBED PASADENA AS YOUR HOME.

YOUR RESIDENCE IS DETERMINED AS OF THE TIME YOU ENTERED UPON SERVICE WITH THE PEACE CORPS AND CANNOT BE ALTERED BY YOUR SUBSEQUENT CHANGE OF INTENTIONS.

THEREFORE, UPON THE RECORD GENERAL ACCOUNTING OFFICE SETTLEMENT OF MARCH 18, 1965, DISALLOWING YOUR CLAIM FOR MILEAGE FOR TRAVEL FROM SAN FRANCISCO TO LOS ANGELES MUST BE AND IS SUSTAINED.