B-156719, MAR. 19, 1968

B-156719, MAR. 19, 1968

TO MR. R. D. KELLER:

THIS IS IN REPLY TO YOUR LETTER OF JANUARY 29, 1968, APPEALING FROM OUR DECISION B-156719, OCTOBER 31, 1967, IN WHICH WE APPROVED ONLY $259.16 OF YOUR CLAIM FOR $334.64 COVERING TRAVELING EXPENSES BY PRIVATELY OWNED PLANE FROM SAN JUAN, PURETO RICO, TO OAK RIDGE, TENNESSEE. THAT AMOUNT WAS COMPUTED ON THE BASIS OF AN AIR DISTANCE OF 1,793 MILES AT 12 CENTS PER MILE AND A PER DIEM OF 2-3/4 DAYS AT $16 PER DAY BASED ON 6 HOURS FLYING TIME PER DAY AT A CRUISING SPEED OF 110 MILES PER HOUR.

YOU ASK TO BE REIMBURSED AN ADDITIONAL AMOUNT OF $75.48 "* * * ON THE BASIS OF TRAVEL AS WOULD-VE BEEN PERFORMED WITHOUT COMPLICATIONS OF SIGHT SEEING AND VACATIONING ENROUTE.' IN OTHER WORDS, YOU ASSERT THAT YOU WOULD HAVE HAD TO FOLLOW A ROUTE WHICH WOULD HAVE ENTAILED CERTAIN STOPOVERS AT NIGHT WHICH WERE NOT CONSIDERED IN THE CONSTRUCTIVE COMPUTATION OF THE AMOUNT PREVIOUSLY ALLOWED TO YOU FOR THE TRAVEL IN QUESTION. IN THAT CONNECTION YOU POINT OUT THAT YOUR PLANE, A SINGLE ENGINE STINSON 108-1, HAS AN ACTUAL CRUISING SPEED OF 110 MILES PER HOUR AND LIMITED NAVIGATIONAL EQUIPMENT.

INITIALLY IT IS NOTED THAT $61.44 OF YOUR CLAIM OF $334.64 IS BASED ON CONSTRUCTIVE AUTOMOBILE MILEAGE OF 512 MILES AT 12 CENTS PER MILE BETWEEN JACKSONVILLE, FLORIDA, AND OAK RIDGE, TENNESSEE, WHICH WAS DISALLOWED IN OUR DECISION OF OCTOBER 31, 1967, BECAUSE YOUR AUTOMOBILE WAS NOT USED IN CONNECTION WITH OFFICIAL TRAVEL. THE REMAINING PORTION OF YOUR CLAIM OF $334.64 IS COMPOSED OF AIRPLANE MILEAGE OF 1,485 MILES AT 12 CENTS PER MILE, $178.20, BETWEEN SAN JUAN AND OAK RIDGE AND PER DIEM OF 5 DAYS AT $16 AND 2-1/2 DAYS AT $6 TOTALING $95.

WHEN TRANSPORTATION IS BY PRIVATELY OWNED PLANE SUBSECTION 3.5C (1) OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDES FOR THE PAYMENT OF MILEAGE AT 12 CENTS PER MILE. THERE IS NO DISTINCTION MADE BECAUSE OF TYPES OR CAPABILITIES OF AIRCRAFT ANYMORE THAN THERE IS BETWEEN AUTOMOBILES. DISTANCES ARE COMPUTED AS FOLLOWS:

"THE AIR MILEAGE BETWEEN THE ORIGIN AND DESTINATION AIRPORTS, AS DETERMINED FROM AIRWAYS CHARTS ISSUED BY THE COAST AND GEODETIC SURVEY, DEPARTMENT OF COMMERCE, WILL BE REPORTED ON THE REIMBURSEMENT VOUCHER AND USED IN COMPUTING PAYMENT FOR THE USE OF A PRIVATELY OWNED AIRPLANE. IF A DETOUR WAS NECESSARY ON ACCOUNT OF ADVERSE WEATHER, MECHANICAL DIFFICULTY OR OTHER UNUSUAL CONDITIONS, THE ADDITIONAL AIR MILEAGE MAY BE INCLUDED IN THE MILEAGE REPORTED ON THE REIMBURSEMENT VOUCHER AND, IF INCLUDED, IT MUST BE EXPLAINED.' SINCE YOU ACTUALLY TRAVELED FROM SAN JUAN TO OAK RIDGE BY PLANE USING AN INDIRECT ROUTE AND WITH LEAVE TAKEN EN ROUTE THE ENTIRE DISTANCE OF YOUR REIMBURSEMENT FOR OFFICIAL TRAVEL IS LIMITED TO THE DISTANCE BETWEEN THE TWO POINTS, 1,793 MILES TIMES 12 CENTS, OR $215.16. YOUR PER DIEM IS COMPUTED ON THE BASIS OF 1,793 MILES DIVIDED BY 660 MILES PER DAY (6 HOURS FLYING TIME PER DAY AT 110 MILES PER HOUR, YOUR ACTUAL CRUISING SPEED) OR 2-3/4 DAYS, AMOUNTING TO $44. IT IS NOT CONSIDERED THAT THE ADMINISTRATIVE DETERMINATION BY THE AGENCY THAT YOUR PER DIEM BE CALCULATED ON THE BASIS OF 6 HOURS OF FLYING TIME A DAY IS UNREASONABLE.

ON THE BASIS OF THE FOREGOING, NO ADDITIONAL AMOUNT MAY BE ALLOWED IN CONNECTION WITH YOUR TRAVEL FROM SAN JUAN TO OAK RIDGE.