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B-194599 1 (1979-05-22)

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     May the shipment of household goods to a home of selection
incident to retirement be authorized in certain deserving cases
arising prior to August 1, 1976, even though the 1-year limitation
on selection has expired?

     This question was presented for advance decision by the A6CO69,z
Assistant Secretary of the Navy (Manpower, Reserve Affairs & Logis-
tics) in a letter dated March 30, 1979. The matter was assigned
PDTATAC Control No. 79-7, by the Per Diem, Travel and Transportation
Allowance Committee.

     Travel of a member and transportation of dependents and house-
hold goods to a home of selection in connection with retirement from
the uniformed services must be accomplished within 1 year of the
retirement.  Public Law 89-680, approved October 15, 1966, 80 Stat.
957, amending 37 U.S.C. §§ 404(c), 406(d), and 406(g), restated this


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                          THE  COMPTROLLER GENERAL
ECISION       .           OF   THE    UNITED      STATES
                          VWASHINGTON, O.C. 20548




.E:  B-194599                    DATE:  May 22, 1979

41TER  OF:   Shipment of household effects to selected
             home

3EST:   1.  Authority to promulgate regulations granting
            exceptions in deserving cases to the 1-year
            limitation for travel of a member and trans-
            portation of dependents and household goods to
            a home of selection incident to retirement has
            existed since the enactment of Public Law 89-680.
            Regulations implementing the authority were not
            issued until August 1, 1976, and a determination
            was made that entitlements under these regulations
            would be prospective only. Construction or amend-
            ment of regulations so as to encompass cases
            arising prior to August 1, 1976, is not proper in
            view of long-standing rule that rights fixed there-
            under may only be amended with prospective
            application.

     W2. A member   who does not make a selection of a home
     ,2 incident to retirement within   1 year of retirement,
            but has assurance prior to expiration of 1-year
            limitation that recall to active duty is imminent,
            may have household goods shipped to home of selec-
            tion on subsequent retirement following a period
            of active service.


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