B-171780, MAR 17, 1971

B-171780, MAR 17, 1971

TRAVEL EXPENSES - TEMPORARY QUARTERS AND SUBSISTENCE ALLOWANCE DECISION ALLOWING REIMBURSEMENT OF SUBSISTENCE EXPENSES RELATED TO CLAIMANT'S OCCUPYING TEMPORARY QUARTERS INCIDENT TO A CHANGE OF OFFICIAL STATION, BUT DENYING REIMBURSEMENT FOR PER DIEM, EXTRA MILEAGE, AND THE USE OF A TRAILER. ALTHOUGH THE DISTANCE FROM CLAIMANT'S OLD RESIDENCE IN CLAREMONT, CALIF., TO LOS ANGELES, CALIF., THE NEW DUTY STATION, IS ONLY 32 MILES THE OFFICE TO WHICH HE WAS TRANSFERRED IS IN WEST LOS ANGELES, 13 MILES FARTHER, AND THE DISTANCE BETWEEN THE OLD RESIDENCE AND THE OLD DUTY STATION IS 3.5 MILES. THEREFORE, THE DISTANCE HE WAS REQUIRED TO TRAVEL IN MAKING THE TRANSFER MET THE 40-MILE MINIMUM IN SECTION 2.5.B(7), BOB CIR., NO. A-56. HOWEVER, LOS ANGELES BECAME CLAIMANT'S PERMANENT DUTY STATION PRECLUDING PER DIEM, AND THERE WAS NO AUTHORIZATION FOR RENTAL OF A U-HAUL-TRAILER. THESE EXPENSES ARE THEREFORE NOT REIMBURSABLE.

TO MR. GARLAND M. BYRUM:

THIS REFERS TO YOUR LETTER OF JANUARY 13, 1971, WITH ENCLOSURES, REQUESTING RECONSIDERATION OF OUR OFFICE SETTLEMENT OF DECEMBER 23, 1970, WHICH ALLOWED YOU $4 AS EXPENSES IN CONNECTION WITH CHANGE OF OFFICIAL STATION FROM POMONA, CALIFORNIA, TO LOS ANGELES, CALIFORNIA, AS AN EMPLOYEE OF THE DEPARTMENT OF COMMERCE.

BY TRAVEL ORDER DATED SEPTEMBER 3, 1969, YOU WERE TRANSFERRED FROM "POMONA, CALIFORNIA (CLAREMONT, RESIDENCE), TO LOS ANGELES, CALIFORNIA." YOU WERE AUTHORIZED TO TRAVEL BY PRIVATELY OWNED AUTOMOBILE AND WERE AUTHORIZED TRANSPORTATION OF HOUSEHOLD EFFECTS AND TEMPORARY QUARTERS AND SUBSISTENCE AT NEW DUTY STATION, IF NECESSARY. YOUR CLAIM FOR REIMBURSEMENT OF MILEAGE (50 MILES) AT 8 CENTS PER MILE WAS ALLOWED ON THE BASIS OF SPEEDOMETER READINGS FURNISHED ON VOUCHER NO. PCS 472 SHOWING TRAVEL FROM YOUR OLD RESIDENCE IN CLAREMONT TO THE NEW DUTY STATION IN WEST LOS ANGELES. THE DISTANCE WAS DETERMINED ON THE BASIS OF REPORTED SPEEDOMETER READINGS WHICH ARE ACCEPTABLE FOR USE IN MAKING REIMBURSEMENT FOR MILEAGE FOR TRAVEL BY PRIVATELY OWNED AUTOMOBILE UNLESS THERE IS A SUBSTANTIAL AND UNEXPLAINED DEVIATION FROM STANDARD MILEAGE GUIDES.

YOUR CLAIM FOR TEMPORARY QUARTERS WAS DISALLOWED UNDER SECTION 2.5B(7) OF OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-56, WHICH PRECLUDES ELIGIBILITY FOR TEMPORARY QUARTERS EXPENSES WHEN THE EMPLOYEE'S NEW OFFICIAL STATION, IN RELATION TO THE OLD RESIDENCE, IS LESS THAN 40 MILES FARTHER THAN THE DISTANCE BETWEEN THE OLD RESIDENCE AND THE EMPLOYEE'S OLD OFFICIAL STATION. INFORMATION FURNISHED BY THE ADMINISTRATIVE OFFICE SHOWED THAT THE DISTANCE FROM YOUR RESIDENCE IN CLAREMONT TO LOS ANGELES WAS A DISTANCE OF ONLY 32 MILES. IN VIEW OF THE INFORMATION NOW FURNISHED BY YOU WE HAVE CHECKED THE RAND MCNALLY STANDARD HIGHWAY MILEAGE GUIDE AND FIND THE MILEAGE FROM POMONA TO LOS ANGELES IS 32 MILES. HOWEVER, THE OFFICE TO WHICH YOU WERE TRANSFERRED IS LOCATED IN WEST LOS ANGELES (11000 WILSHIRE BOULEVARD), WHICH IS APPROXIMATELY 13 MILES FARTHER, AND THE DISTANCE BETWEEN YOUR OLD RESIDENCE AT CLAREMONT AND YOUR OLD DUTY STATION IS APPROXIMATELY 3.5 MILES. THEREFORE, IT NOW APPEARS THAT THE DISTANCE YOU WERE REQUIRED TO TRAVEL IN MAKING THE TRANSFER MET THE 40-MILE MINIMUM AND YOU ARE ACCORDINGLY ENTITLED TO THE ALLOWANCE AUTHORIZED AS REIMBURSEMENT OF SUBSISTENCE EXPENSES WHILE OCCUPYING TEMPORARY QUARTERS. HOWEVER CONCERNING TEMPORARY QUARTERS ALLOWANCE FOR YOUR FAMILY THE FILE SHOWS THAT FOR SOME TIME PRIOR TO YOUR NOTICE OF TRANSFER YOUR WIFE AND SON OCCUPIED QUARTERS OTHER THAN THOSE OCCUPIED BY YOU. IN SUCH CIRCUMSTANCES IT CANNOT BE SAID THE OCCUPANCY OF SUCH QUARTERS BY THEM WAS INCIDENT TO YOUR TRANSFER SO AS TO QUALIFY FOR AN ALLOWANCE ON THEIR BEHALF.

CONCERNING YOUR CLAIM FOR PER DIEM IN LIEU OF SUBSISTENCE FOR THE PERIOD DECEMBER 17, 1969, TO APRIL 15, 1970, THE RECORD SHOWS THAT YOU ARRIVED IN LOS ANGELES ON NOVEMBER 17, 1969. THAT CITY THEN BECAME YOUR NEW HEADQUARTERS. SECTION 5702(A) OF TITLE 5, U.S.C. STATES THAT AN EMPLOYEE TRAVELING ON OFFICIAL BUSINESS AWAY FROM HIS DESIGNATED POST OF DUTY IS ENTITLED TO PER DIEM IN LIEU OF SUBSISTENCE AS PRESCRIBED BY THE AGENCY CONCERNED. SECTION 6.8 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS ISSUED BY THE OFFICE OF MANAGEMENT AND BUDGET UNDER THE AUTHORITY OF 5 U.S.C. 5707 PROVIDES AS FOLLOWS:

"PER DIEM IN LIEU OF SUBSISTENCE WILL NOT BE ALLOWED AN EMPLOYEE EITHER AT HIS PERMANENT DUTY STATION OR AT HIS PLACE OF ABODE FROM WHICH HE COMMUTES DAILY TO HIS OFFICIAL STATION."

THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS WERE ISSUED PURSUANT TO EXCEPTIONS TO THE PROVISIONS OF SUCH REGULATIONS. THE RECORD IS CLEAR THAT LAW AND THEREFORE HAVE THE FORCE AND EFFECT OF LAW. NEITHER OUR OFFICE NOR ANY OTHER AGENCY OF THE GOVERNMENT HAS THE AUTHORITY TO WAIVE OR GRANT EXCEPTIONS TO THE PROVISIONS OF SUCH REGULATIONS. THE RECORD IS CLEAR THAT LOS ANGELES WAS YOUR HEADQUARTERS DURING THE PERIOD IN QUESTION, AND THEREFORE YOUR CLAIM FOR PER DIEM MAY NOT BE ALLOWED.

THE MATTER OF AN EMPLOYEE GRIEVANCE IS NOT WITHIN THE JURISDICTION OF OUR OFFICE. SUCH MATTER WOULD IN YOUR CASE BE FOR CONSIDERATION BETWEEN YOU, THE AGENCY WHERE YOU ARE EMPLOYED, AND THE CIVIL SERVICE COMMISSION. NOR WOULD SUCH A HEARING AFFECT YOUR RIGHT TO REIMBURSEMENT INCIDENT TO PERMANENT CHANGE OF STATION. IN LETTER OF NOVEMBER 21, 1969, FROM MR. GEORGE P. CRESSMAN, DIRECTOR, WEATHER BUREAU, TO MR. HOMER R. HOISINGTON, NATIONAL REPRESENTATIVE OF THE NATIONAL FEDERATION OF FEDERAL EMPLOYEES, IT WAS STATED THAT "AT NO TIME DID WE CONSIDER POSTPONING MR. BYRUM'S REASSIGNMENT UNTIL A DECISION WAS MADE ON HIS GRIEVANCE."

CONCERNING YOUR VOUCHER DATED MARCH 11, 1968, YOU NOTE THAT YOU WERE REIMBURSED FOR MILEAGE FROM POMONA, CALIFORNIA, TO NAPA, CALIFORNIA, INSTEAD OF FROM ORANGE, CALIFORNIA, TO NAPA AS CLAIMED. BY TRAVEL AUTHORIZATION, TRIP NO. 33, DATED FEBRUARY 7, 1968, ISSUED UNDER BLANKET TRAVEL ORDER NO. 68-WFW-80, YOU WERE AUTHORIZED TO TRAVEL FROM ORANGE, CALIFORNIA, TO NAPA, CALIFORNIA, AND RETURN TO POMONA. BY VOUCHER OF MARCH 11, 1968, YOU CLAIMED REIMBURSEMENT FOR 618 MILES FOR TRAVEL FROM ORANGE TO NAPA AND AS STATED ON THE VOUCHER THIS MILEAGE INVOLVED A CIRCUITOUS ROUTE INCIDENT TO YOUR PULLING A U-HAUL TRAILER. THE ADMINISTRATIVE OFFICE EXCLUDED THE EXCESS MILEAGE INCIDENT TO THE CIRCUITOUS ROUTE AND AUTHORIZED REIMBURSEMENT FOR 475 MILES FOR TRAVEL FROM POMONA TO NAPA. THE RAND MCNALLY MILEAGE GUIDE SHOWS THAT THE MILEAGE FROM ORANGE TO NAPA IS 2 MILES LESS THAN THE DISTANCE FROM POMONA TO NAPA. SINCE AS HEREINAFTER INDICATED EXPENSES MAY NOT BE ALLOWED INCIDENT TO THE USE OF THE U-HAUL TRAILER, AND SINCE THERE IS NO SIGNIFICANT DIFFERENCE IN MILEAGE BETWEEN THE POINTS NOTED BY YOU, NO ADJUSTMENT IS REQUIRED IN REGARD TO REIMBURSEMENT FOR MILEAGE UNDER THE ABOVE TRAVEL AUTHORIZATION.

AS TO YOUR CLAIM FOR $28.94 FOR EXTRA MILEAGE AND PER DIEM INCURRED DUE TO PULLING A U-HAUL TRAILER ON A TEMPORARY DUTY TRIP TO NAPA YOU SAY THAT THE TRAILER WAS NEEDED TO HAUL GOVERNMENT MATERIAL AND TO HAUL PERSONAL BELONGINGS BECAUSE OF THE RATE OF PER DIEM AUTHORIZED. PARAGRAPH 3.4A OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS PROVIDES FOR THE HIRE OF SPECIAL CONVEYANCES SUCH AS BOATS, AUTOMOBILES, TAXICABS, ETC., WHEN AUTHORIZED OR APPROVED AS ADVANTAGEOUS TO THE GOVERNMENT. WHILE THE REGULATION DOES NOT SPECIFICALLY REFER TO THE HIRE OF A TRAILER, THE PHRASE "OR OTHER CONVEYANCE" IS DEEMED SUFFICIENTLY BROAD IN SCOPE TO INCLUDE TRAILERS. SEE 36 COMP. GEN. 297 (1956). ANY REIMBURSEMENT FOR THE HIRE OF A TRAILER WOULD HAVE TO BE APPROVED IN ACCORDANCE WITH THE PROVISIONS OF SECTION 3.4A. IN A REQUEST FOR A REPORT CONCERNING THIS PART OF YOUR CLAIM WE WERE ADVISED BY LETTER OF MARCH 11, 1970, FROM THE ADMINISTRATIVE OFFICE THAT:

"A DISALLOWANCE OF $28.94 WAS MADE ON THE VOUCHER FOR EXTRA MILEAGE AND PER DIEM EXPENSES INCURRED DUE TO PULLING A U-HAUL TRAILER. THE MILEAGE ALSO INCLUDED 80 MILES ROUND TRIP TO BEVERLY HILLS TO PICK UP HIS SPOUSE WHO ACCOMPANIED MR. BYRUM ON A TRIP TO NAPA. THE DEDUCTION WE MADE WAS BASED ON A RECOMMENDATION OF THE WEATHER BUREAU REGIONAL OFFICE AT SALT LAKE CITY, UTAH, AS WELL AS THE METEOROLOGIST IN CHARGE OF OUR OFFICE IN POMONA, CALIFORNIA AND THE FACT THAT USE OF A U-HAUL TRAILER IS NOT AUTHORIZED IN CONNECTION WITH TEMPORARY DUTY TRAVEL.

"ON REVIEWING THE ATTACHED CORRESPONDENCE PERTAINING TO THE CLAIM FOR EXTRA MILEAGE AND PER DIEM, WE ARE OF THE OPINION THAT THE RENTAL OF THE U -HAUL WAS MORE FOR PERSONAL REASONS THAN FOR CARRYING GOVERNMENT EQUIPMENT AND REIMBURSEMENT THEREFOR SHOULD NOT BE ALLOWED." IN ADDITION, WE WERE ADVISED BY THE ADMINISTRATIVE OFFICE IN LETTER DATED OCTOBER 16, 1970, THAT THE RENTAL OF A U-HAUL TRAILER WAS NOT AUTHORIZED AND THERE IS NOTHING TO INDICATE THAT GOVERNMENT EQUIPMENT WAS TO BE TRANSPORTED.

IN VIEW OF THE ABOVE, THERE IS NO AUTHORITY TO REIMBURSE YOU FOR ANY OF THE EXPENSES INCURRED INCIDENT TO THE HIRE OF A TRAILER.

A SETTLEMENT WILL ISSUE IN YOUR FAVOR IN DUE COURSE FOR ALLOWANCES AUTHORIZED AS REIMBURSEMENT OF SUBSISTENCE EXPENSES RELATED TO YOUR OCCUPYING TEMPORARY QUARTERS INCIDENT TO YOUR TRANSFER TO LOS ..END :