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B-203135 1 (1981-10-06)

handle is hein.gao/gaobadjuk0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION . OF THE UNITEO STATES 0 ~ WASHINGTON, 0. C. 20548 FILE: B-203135 DATE: October 6, 1981 MATTER OF: Master Sergeant Clyde L. Pritchett, USA, Retired DIGEST: A retired Army member's claims for his and his dependents' travel to his home of selection after retirement may not be allowed since, considering all the facts of record, it is clear that some of the dependents did not complete the travel within the required 1-year period after the member's retirement, and it is very doubtful that the member and the other dependent completed travel during that period. Sergeant Clyde L. Pritchett, USA, Retired, has appealed the disallowance of his claim for travel allowances for himself and his dependents for their travel to his home of selection upon his retirement from the Army. We find that Sergeant Pritchett may not be allowed the travel allowances he claims since there is serious doubt that the travel was performed within 1 year of his retirement as is required for entitlement to such travel allowances. Generally, in order for the retired member to qualify for the payment of travel allowances for his and his dependents' travel from his last permanent duty station to the home he selects upon retirement, the travel must be performed within 1 year after the member's retirement. See 37 U.S.C. §§ 404(c) and 406(g) (1976); and the implementing regulations in Volume 1, Joint Travel Regulations (1 JTR), paragraphs M4158-2 and M7010-1. Sergeant Pritchett was retired from the Army on July 31, 1979, at Fort Lewis, Washington. In August 1980 he filed vouchers with the Army claiming travel allowances for his and his dependents' travel to his home of selection, Mobile, Alabama. On those vouchers he indicated that his dependents completed their travel on August 4, 1980, and he completed his travel on August 5, 1980. The Army denied his claim on the basis that the travel was completed more than 1 year after his retirement. He then sent new claims to the Army indicating that the travel was completed in June 1980. The Army then considered the claims to be of doubtful validity and forwarded them to our Claims Group which disallowed them on the basis that the travel was completed more than 1 year after retirement.

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