B-158535, MAR. 17, 1966

B-158535, MAR. 17, 1966

TO MR. ALBERT P. GORELICK:

THIS REFERS TO YOUR LETTER OF FEBRUARY 10, 1966, WITH ENCLOSURE, WHEREIN YOU REQUEST RECONSIDERATION OF THAT PART OF OUR SETTLEMENT OF DECEMBER 7, 1965, WHICH DISALLOWED YOUR CLAIM FOR AN ADDITIONAL AMOUNT ALLEGED TO BE DUE FOR TRAVEL FOR YOURSELF AND DEPENDENTS FROM LOS ANGELES, CALIFORNIA, TO WASHINGTON, D.C.

THE RECORD SHOWS THAT BY TRAVEL AUTHORIZATION NO. TAW 11254, DATED APRIL 28, 1965, YOU AND YOUR DEPENDENTS WERE AUTHORIZED TO TRAVEL AT GOVERNMENT EXPENSE FROM EDWARDS, CALIFORNIA, TO WASHINGTON, D.C., INCIDENT TO A PERMANENT CHANGE OF STATION. YOU PERFORMED THIS TRAVEL BY YOURSELF IN YOUR PRIVATELY-OWNED AUTOMOBILE AND WERE REIMBURSED AT THE RATE OF 12 CENTS PER MILE PLUS APPLICABLE PER DIEM. BY TRAVEL AUTHORIZATION NO. TWA 11769 ISSUED MAY 18, 1965, YOU WERE DIRECTED TO PROCEED FROM WASHINGTON, D.C., TO LOS ANGELES, CALIFORNIA, ON TEMPORARY DUTY AND RETURN. TRANSPORTATION REQUEST NO. A5, 367, 333 WAS ISSUED TO COVER JET COACH FARE FOR YOU FROM WASHINGTON, D.C., TO LOS ANGELES AND RETURN. TRAVEL TO LOS ANGELES WAS PERFORMED UNDER THAT TRANSPORTATION REQUEST. THE UNUSED PORTION OF THE TICKET COVERING YOUR RETURN TRIP WAS RETURNED BY YOU FOR CANCELLATION AND IN LIEU THEREOF YOU ISSUED TRANSPORTATION REQUEST NO. A5, 367, 334 ON AMERICAN AIRLINES FOR FAMILY RATE PLAN FARE FROM LOS ANGELES TO WASHINGTON, D.C., WITH CIRCUITOUS ROUTING VIA DALLAS, TEXAS, AND SHREVEPORT, LOUISIANA, FOR YOURSELF, WIFE AND SON.

YOU SAY THAT THE COST OF JET COACH FARE FROM LOS ANGELES TO WASHINGTON, D.C., FOR YOU AND YOUR DEPENDENTS WOULD HAVE AMOUNTED TO $411.75 AND THAT THE ROUTE YOU TRAVELED RESULTED IN A SAVING TO THE GOVERNMENT OF $30.85 AND YOU SHOULD NOT BE LIMITED TO CONSTRUCTIVE COST OF FAMILY PLAN FARE BY DIRECT TRAVEL.

WHEN AN EMPLOYEE PERFORMS TRAVEL VIA AN INDIRECT ROUTE FOR HIS PERSONAL CONVENIENCE, REIMBURSEMENT FOR EXPENSES WILL BE BASED ONLY ON THE AMOUNT THAT WOULD HAVE BEEN EXPENDED FOR TRAVEL BY A USUALLY TRAVELED ROUTE. SEE NASA TRAVEL REGULATIONS, CHAPTER 3, SECTION 1, PARAGRAPH 5302.

SECTION 3.6C OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDES THAT IT IS THE POLICY OF THE GOVERNMENT THAT PERSONS WHO USE COMMERCIAL AIR CARRIERS FOR TRANSPORTATION ON OFFICIAL BUSINESS SHOULD USE LESS-THAN- FIRST-CLASS ACCOMMODATIONS. SIMILAR PROVISIONS ARE CONTAINED IN NASA TRAVEL REGULATIONS, CHAPTER 3, SECTION 4, PARAGRAPH 5336. SECTION 3.9 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDES IN PART AS FOLLOWS:

"SPECIAL TICKETS.--- THROUGH FARES, SPECIAL FARES, COMMUTATION FARES, EXCURSION, AND REDUCED-RATE ROUND-TRIP FARES SHOULD BE UTILIZED FOR OFFICIAL TRAVEL WHEN IT CAN BE DETERMINED PRIOR TO THE START OF A TRIP THAT ANY SUCH TYPE OF SERVICE IS PRACTICAL AND ECONOMICAL TO THE GOVERNMENT. * * *"

UNDER THE ABOVE REGULATION YOU WERE REQUIRED TO UTILIZE SPECIAL FARES THAT WERE PRACTICAL AND ECONOMICAL TO THE GOVERNMENT. THE RECORD SHOWS THAT THE CIRCUITOUS TRAVEL PERFORMED BY YOU AND YOUR DEPENDENTS IN TRAVELING FROM LOS ANGELES TO WASHINGTON, D.C., COST THE GOVERNMENT $380.90. THE ADMINISTRATIVE OFFICE ALLOWED YOU $308.82 FOR THE TRAVEL.

WE NOTE THAT THE ADMINISTRATIVE OFFICE IN COMPUTING THE REIMBURSEMENT FOR THE CONSTRUCTIVE AIRPLANE FARE ALLOWED YOU THE FAMILY PLAN RATE FOR THE WEEKEND FOR A CHILD UNDER 12 YEARS OF AGE. HOWEVER, THE FILE SHOWS THAT YOUR SON RAYMOND, BORN APRIL 15, 1952, WAS 13 YEARS OF AGE AT THE TIME THE TRAVEL WAS PERFORMED. IN RECOMPUTING THE COST TO THE GOVERNMENT OUR TRANSPORTATION DIVISION HAS FURNISHED INFORMATION WHICH SHOWS THAT YOU AND YOUR DEPENDENTS COULD HAVE TRAVELED ON JUNE 6, 1965, THE DAY FOLLOWING THE TERMINATION OF YOUR TEMPORARY DUTY, ON A FAMILY PLAN RATE DIRECT FROM LOS ANGELES TO WASHINGTON, D.C., AT A COST OF $343.15, COMPUTED AS FOLLOWS:

SELF $137.25

WIFE 102.95

SON 102.95

SINCE THE TRAVEL BY INDIRECT ROUTE COST THE GOVERNMENT $380.90 AND UNDER THE RECOMPUTATION OF THE CONSTRUCTIVE TRAVEL FARE YOU WOULD BE ENTITLED TO CREDIT OF $343.15 FOR DIRECT TRAVEL, YOU ARE ENTITLED TO AN ADDITIONAL AMOUNT OF $34.33 REPRESENTING THE DIFFERENCE BETWEEN THE AMOUNT COLLECTED FROM YOU, $72.08, AND THE AMOUNT WHICH SHOULD HAVE BEEN COLLECTED, $37.75 OR $34.33, PLUS AN ADJUSTMENT FOR TAX. THE FILE SHOWS THAT THE ADMINISTRATIVE OFFICE IN COLLECTING THE $72.08 FROM YOU, WHICH WAS THE DIFFERENCE BETWEEN $380.90 THE ACTUAL COST OF THE INDIRECT TRAVEL AND THEIR CONSTRUCTIVE COST OF DIRECT TRAVEL OF $308.82, ALSO COLLECTED AN ADDITIONAL AMOUNT OF $3.60 FOR FEDERAL TRANSPORTATION TAX. UNDER THE RECOMPUTATION, THE FEDERAL TRANSPORTATION TAX OF PERCENT IS CHARGEABLE ONLY ON THE DIFFERENCE BETWEEN THE COST TO THE GOVERNMENT ($380.90) AND THE CONSTRUCTIVE TRAVEL COST ($343.15) OR $37.75. THE FEDERAL TRANSPORTATION TAX ON THAT AMOUNT IS $1.89. SINCE YOU HAVE BEEN CHARGED $3.60 TAX BY THE ADMINISTRATIVE OFFICE YOU WOULD BE ENTITLED TO A REFUND OF $1.71.

THEREFORE, A SETTLEMENT IN YOUR FAVOR IN THE AMOUNT OF $36.04 ($34.33 PLUS $1.71) WILL BE ISSUED IN DUE COURSE.

THE CHECK IN THE AMOUNT OF $5.88, COVERING THE ADDITIONAL AMOUNT ALLOWABLE FOR YOUR TRAVEL BY PRIVATELY-OWNED AUTOMOBILE, IS RETURNED HEREWITH.