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B-188212 1 (1977-03-17)

handle is hein.gao/gaobadszs0001 and id is 1 raw text is: 

                             T1HE COMPTROLLER GENERAL
 DECISION                    OF THE UNITED STATES                   (37
                            WASHINGTON, D.C. 20548



 FILE:    B-1882-12                 DATE: :-,i< I  19 .

 MATTER OF:      Lieutenw.t
                  twx (1ltire:d

DIGEST:      Where ratoer and his dependents traveled to
             Cripple Creek, Colorado, within 1 year of
             his retirement, bought realty there and
             then proceeded. to Virginia Beach, Virginia,
             where they took shipment of their household
             goods and continue to residet travel and
             transportatiou allowances authorizad by
             37 U.S.C. I 1 404 an 406 (1970), for travel
             to Cripple Creek nay not be paid since mem-
             ber lacked necesary intent to establish home
             at Cripple Creek.

     This action is in response to a letter froya
Lieutenant t U574 (aetired), a, ppeaxln
a settlee et of our Claim$ Division dated March 29, 1976, denying
his claim for travel and transportation allowances for certain
travel he performed with his dependents folloing his retirement
from the Navy.
     Lieutenant           was retired from the Navy eff ctive
April 1, 1974, under the provisions of 10 U.S.C. I 6323(1970),
lie placed his household effects in nontemporary storage pending
his selection of a rotirament home. Between April 1, and
August 7, 1974, Lieutenant           and his dependents traveled
from Indian klead, Maryland, the site of his retirement, to Cripple
Crek, Colorado. On August 7, 1974,                       and his
wife    caseda piece of real property in Cripple Cr      The
            then proceeded to Virginia Bea h,, Virginia, because,
according to Lieutenant            n some problems had arisen in
connection with their rental proparty there, The situation in
Virginia Beach was apparently such that the           decided
to remain there, and therefore had their household1 e ects
delivered to them there in January 1975. They apparently were
still resi       Vi Y  ia Beach as of the date of
Lieutenant             appeal.,

     Lieutenant           claims that ha is entitled to travel
and tranumrtation allowances for the travel he performed with
his dependeuts to Cripple Creek. 'e argues that he selected
Cripple Creek as his retirement home, completed travel there

djb






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