B-154190, JUL. 23, 1969

B-154190, JUL. 23, 1969

CIVIL PAY - TRAVEL EXPENSES - PRIVATELY OWNED VEHICLE DECISION TO AIR FORCE EMPLOYEE SUSTAINING SETTLEMENT DENYING CLAIM FOR MILEAGE FOR TRAVEL BY PRIVATELY OWNED AUTOMOBILE TO TEMPORARY DUTY STATION AND RETURN ON TWO OCCASIONS. EMPLOYEE WHO ACCEPTED TRAVEL ORDERS WHICH DIRECTED TRAVEL BY MILITARY AIRCRAFT BUT TRAVELED BY PRIVATELY OWNED VEHICLE MUST BE CONSIDERED AS HAVING ELECTED TO UTILIZE PRIVATELY OWNED VEHICLE FOR PERSONAL CONVENIENCE AND AT OWN EXPENSE EVEN THOUGH PREVIOUSLY A LETTER DECLINING TRAVEL BY MILITARY AIRCRAFT HAD BEEN SUBMITTED TO THE PERSONNEL OFFICE. HENCE DISALLOWANCE OF CLAIM FOR MILEAGE MUST BE SUSTAINED.

TO MR. THOMAS L. SPICER:

REFERENCE IS MADE TO YOUR LETTER OF MAY 29, 1969, IN WHICH YOU OBJECT TO OUR SETTLEMENT OF MAY 26, 1969, WHICH DISALLOWED YOUR CLAIMS IN THE TOTAL AMOUNT OF $192.30. THIS AMOUNT REPRESENTS TWO CLAIMS FOR MILEAGE ALLOWANCE FOR TRAVEL BY PRIVATELY OWNED AUTOMOBILE FROM DOVER AIR FORCE BASE, DELAWARE, TO CHARLESTON AIR FORCE BASE, SOUTH CAROLINA, AND RETURN, DURING THE PERIOD JANUARY 24 TO FEBRUARY 10, 1968, AND FROM DOVER AIR FORCE BASE, DELAWARE, TO SCOTT AIR FORCE BASE, ILLINOIS, AND RETURN, DURING THE PERIOD JULY 6 TO 21, 1968.

THE RECORD BEFORE OUR OFFICE SHOWS THAT AT THE TIME THE AUTHORIZATION FOR TRAVEL WAS ISSUED, YOUR POSITION TITLE AS A CIVILIAN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE WAS THAT OF A MANAGEMENT ANALYST, GS-11 AND YOUR POSITION DESCRIPTION NUMBER 3060 DATED 30 MARCH 1967, READ IN PERTINENT PART AS FOLLOWS:

"IV OTHER SIGNIFICANT FACTS: POSITION REQUIRES FREQUENT AND EXTENSIVE PERIODS OF TDY. MAY BE REQUIRED TO TRAVEL FOR ANY DISTANCE BY ANY TYPE AIRCRAFT ON SCHEDULED OR NONSCHEDULED FLIGHTS. * * *"

THE RECORD FURTHER SHOWS THAT PRIOR TO JANUARY 15, 1968, YOU WERE APPRISED BY YOUR SUPERIORS OF A PENDING TDY. ON JANUARY 15 YOU SUBMITTED A MEMORANDUM TO YOUR SUPERIORS DECLINING TRAVEL BY MILITARY AIRCRAFT AND REQUESTING TRAVEL BY PRIVATELY OWNED VEHICLE (POV). YOUR REQUEST WAS NOT APPROVED. ON THE FOLLOWING DAY YOU HAD A CONFERENCE WITH THE DOVER AIR FORCE BASE CIVILIAN PERSONNEL OFFICER IN REGARD TO THE SAME MATTER.

THE RECORD ALSO SHOWS THAT DURING THE TIME OF YOUR DISCUSSION WITH YOUR SUPERIORS CONCERNING THE MODE OF TRANSPORTATION FOR YOUR TDY, THERE WERE OTHER PERSONS IN THE MANAGEMENT ENGINEERING TEAM OF WHICH YOU WERE A MEMBER, WHO WERE AVAILABLE FOR ASSIGNMENT TO TDY.

ON JANUARY 22, 1968, YOU ACCEPTED AN ORDER, NO. TA-234, AUTHORIZING TRAVEL FROM DOVER AIR FORCE BASE TO CHARLESTON AIR FORCE BASE AND RETURN WHICH WAS ISSUED IN THE NAME OF SPICER, THOMAS L. AND BRETT, GEORGE P. III, AND WHICH AUTHORIZED MILITARY AIRCRAFT AS THE MODE OF TRANSPORTATION. THE TRAVEL ORDER ALSO PROVIDED AS FOLLOWS:

"22. REMARKS. * * * ANY USE OF POV WILL BE AT INDIVIDUAL'S EXPENSE. * * * INDIVIDUALS FULLY UNDERSTAND THE PROVISIONS OF THIS REGULATION.'

THE TRAVEL FROM DOVER AIR FORCE BASE TO SCOTT AIR FORCE BASE, AND RETURN, WAS AUTHORIZED UNDER SPECIAL ORDER NO. TA-1998 OF 19 JUNE 1968, WHICH WAS ISSUED IN YOUR NAME ALONE, WHICH YOU ACCEPTED, AND WHICH PROVIDED FOR THE MODE OF TRANSPORTATION AS FOLLOWS: "MILITARY AIRCRAFT DIRECTED.' THE TRAVEL ORDER ALSO PROVIDED THAT: "* * * GOVERNMENT QUARTERS ARE AVAILABLE AND WILL BE USED. * * * INDIVIDUAL FULLY UNDERSTANDS THE PROVISIONS OF THIS REGULATION.'

ON BOTH OCCASIONS YOU DID NOT USE MILITARY AIRCRAFT AS AUTHORIZED AND DIRECTED BUT USED YOUR OWN PRIVATE VEHICLE AND FILED CLAIM FOR REIMBURSEMENT BASED ON MILEAGE LIMITED TO THE CONSTRUCTIVE COSTS BY COMMERCIAL AIR CARRIER. YOUR CLAIM WAS DENIED ON MAY 26, 1969, ON THE BASIS OF SUBSECTION "E" OF SECTION C6001 OF THE JOINT TRAVEL REGULATIONS. YOU CONTEND THAT A CIVILIAN EMPLOYEE OF THE GOVERNMENT CANNOT BE REQUIRED TO TRAVEL BY MILITARY AIRCRAFT.

ALTHOUGH SECTION C6001.4A, VOLUME 2, JOINT TRAVEL REGULATIONS PROVIDES THAT, WITH CERTAIN EXCEPTIONS, CIVILIAN EMPLOYEES WILL NOT BE REQUIRED TO TRAVEL IN GOVERNMENT AIRCRAFT OR NONSCHEDULED COMMERCIAL AIRCRAFT WITHOUT THEIR CONSENT AND WE HAVE SO HELD (SEE B-144125, OCTOBER 31, 1960, AND B- 159187, SEPTEMBER 7, 1966), WE DO NOT BELIEVE THAT UNDER THE CIRCUMSTANCES OF THE INSTANT CASE SECTION C6001.4A IS APPLICABLE.

SUBSECTION "E" OF SECTION C6001 OF THE JOINT TRAVEL REGULATIONS PROVIDES IN PERTINENT PART THAT:

"* * * ACCEPTANCE BY THE EMPLOYEE OF A TRAVEL ORDER AUTHORIZING TRAVEL BY AIRCRAFT WILL CONSTITUTE AGREEMENT TO THE PROVISIONS OF THE PARTICULAR TRAVEL ORDER.'

YOU ACCEPTED THE TWO TRAVEL ORDERS WHICH CLEARLY PROVIDED THAT YOU UNDERSTOOD THE PROVISIONS CONTAINED THEREIN. IF THERE WERE ANY COMPELLING REASONS FOR WHICH YOU DID NOT WANT TO TRAVEL BY MILITARY AIRCRAFT AS AUTHORIZED AND DIRECTED THESE SHOULD HAVE BEEN BROUGHT TO THE ATTENTION OF YOUR SUPERIORS AT THE TIME OF RECEIPT OF THE TRAVEL ORDERS AND A DELAY OR REASSIGNMENT COULD HAVE BEEN ARRANGED. THE FACT THAT YOU PREVIOUSLY HAD SUBMITTED A LETTER DECLINING TO TRAVEL BY MILITARY AIRCRAFT IS NOT CONCLUSIVE THAT YOU WERE STILL SO DECLINING AT THE TIME YOU ACCEPTED THE ORDERS.

WE MUST CONCLUDE THAT YOU CONSENTED TO ALL THE PROVISIONS OF YOUR TRAVEL ORDERS UNDER SUBSECTION "E" OF SECTION C6001 OF THE JOINT TRAVEL REGULATIONS, AND MERELY ELECTED TO UTILIZE YOUR AUTOMOBILE FOR PERSONAL CONVENIENCE AND AT YOUR OWN EXPENSE.