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B-126978, DECEMBER 23, 1959, 39 COMP. GEN. 464

B-126978 Dec 23, 1959
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MILITARY PERSONNEL - TRAVEL BY PRIVATELY OWNED AUTOMOBILE - BETWEEN RESIDENCE AND DUTY STATION OR TERMINAL SINCE ONE-WAY TRIPS BY MEMBERS OF THE UNIFORMED SERVICES BETWEEN RESIDENCE OR DUTY STATION AND CARRIER TERMINAL INCIDENT TO THE BEGINNING OR ENDING OF TRAVEL AWAY FROM A PERMANENT DUTY STATION ARE TO BE DISTINGUISHED FROM TRAVEL ON OFFICIAL BUSINESS WITHIN THE LIMITS OF A DUTY STATION. WHICH IS REIMBURSABLE UNDER SECTION 2 (M) OF THE ACT OF SEPTEMBER 1. IS SUBJECT TO THE SEVEN CENTS A MILE MAXIMUM FIXED BY SECTION 303A OF THE CAREER COMPENSATION ACT OF 1949. 1959: REFERENCE IS MADE TO LETTER OF OCTOBER 22. " SUBSTANTIALLY THE SAME AUTHORITY FOR REIMBURSEMENT OF TRANSPORTATION EXPENSES FOR TRAVEL ON PUBLIC BUSINESS WITHIN OR OUTSIDE THE DESIGNATED POSTS OF DUTY THAT IS PROVIDED FOR CIVILIAN EMPLOYEES BY THE TRAVEL EXPENSE ACT OF 1949.

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B-126978, DECEMBER 23, 1959, 39 COMP. GEN. 464

MILITARY PERSONNEL - TRAVEL BY PRIVATELY OWNED AUTOMOBILE - BETWEEN RESIDENCE AND DUTY STATION OR TERMINAL SINCE ONE-WAY TRIPS BY MEMBERS OF THE UNIFORMED SERVICES BETWEEN RESIDENCE OR DUTY STATION AND CARRIER TERMINAL INCIDENT TO THE BEGINNING OR ENDING OF TRAVEL AWAY FROM A PERMANENT DUTY STATION ARE TO BE DISTINGUISHED FROM TRAVEL ON OFFICIAL BUSINESS WITHIN THE LIMITS OF A DUTY STATION, WHICH IS REIMBURSABLE UNDER SECTION 2 (M) OF THE ACT OF SEPTEMBER 1, 1954, 40 U.S.C. 491 (M), THE REIMBURSEMENT AUTHORITY FOR COMMUTATION OF SUCH ONE-WAY TRIP EXPENSES ON A ROUND-TRIP MILEAGE BASIS UNDER SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, IS SUBJECT TO THE SEVEN CENTS A MILE MAXIMUM FIXED BY SECTION 303A OF THE CAREER COMPENSATION ACT OF 1949.

TO THE SECRETARY OF THE NAVY, DECEMBER 23, 1959:

REFERENCE IS MADE TO LETTER OF OCTOBER 22, 1959, FROM THE ASSISTANT SECRETARY OF THE NAVY ( PERSONNEL AND RESERVE FORCES) REGARDING THE PROPER BASIS FOR COMPUTING TRAVEL EXPENSE REIMBURSEMENT PAYMENTS TO MEMBERS OF THE UNIFORMED SERVICES INCIDENT TO CERTAIN TRAVEL FROM HOME OR DUTY STATION TO CARRIER TERMINAL.

IN DECISION OF AUGUST 26, 1959, 39 COMP. GEN. 131, WE SAID WE WOULD INTERPOSE NO OBJECTION TO PROPOSED AMENDMENTS TO PARAGRAPHS 4401-2 AND 4402 OF THE JOINT TRAVEL REGULATIONS TO AUTHORIZE PAYMENT TO MEMBERS OF THE UNIFORMED SERVICES OF A ROUND-TRIP MILEAGE ALLOWANCE OF SEVEN CENTS PER MILE IN LIEU OF REIMBURSEMENT FOR THE USE OF TAXICABS FOR EACH ONE WAY TRIP BETWEEN THE MEMBER'S RESIDENCE OR DUTY STATION AND CARRIER TERMINAL OR TERMINAL TO HOME INCIDENT TO PERFORMANCE OF ACTUAL TRAVEL AWAY FROM POST OF DUTY, NOT TO EXCEED THE USUAL TAXICABS FARE, INCLUDING ALLOWABLE TIP, FOR A ONE-WAY TRIP FROM HOME TO TERMINAL OR TERMINAL TO HOME, ON A BASIS SIMILAR TO THAT AUTHORIZED BY THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS FOR CIVILIAN EMPLOYEES.

AS A BASIS FOR THAT CONCLUSION WE REFERRED TO THE PROVISIONS OF SECTION 303 (A) OF THE CAREER COMPENSATION ACT OF 1949, 63 STAT. 813, 37 U.S.C. 253 (A), LIMITING THE MILEAGE PAYABLE TO MEMBERS IN A TRAVEL STATUS (AWAY FROM THE MEMBER'S POST OF DUTY) TO A RATE NOT IN EXCESS OF SEVEN CENTS PER MILE AND TO SECTION 2 (M) OF THE ACT OF SEPTEMBER 1, 1954, 68 STAT. 1129, 40 U.S.C. 491 (M), PROVIDING AUTHORITY FOR THE ISSUANCE OF REGULATIONS COVERING PROCUREMENT BY THE AGENCY CONCERNED OR BY MEMBERS ON A REIMBURSABLE BASIS, OF TRANSPORTATION NECESSARY FOR THE CONDUCT OF OFFICIAL BUSINESS WITHIN THE LIMITS OF THE DUTY STATION. WE SAID THAT SUCH PROVISIONS JOINTLY OVIDE,"WITHIN THE 7 CENTS PER MILE LIMITATION," SUBSTANTIALLY THE SAME AUTHORITY FOR REIMBURSEMENT OF TRANSPORTATION EXPENSES FOR TRAVEL ON PUBLIC BUSINESS WITHIN OR OUTSIDE THE DESIGNATED POSTS OF DUTY THAT IS PROVIDED FOR CIVILIAN EMPLOYEES BY THE TRAVEL EXPENSE ACT OF 1949, 63 STAT. 166, AS AMENDED, 5 U.S.C. 837. IN SUPPORT OF THIS VIEW WE POINTED OUT THAT THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, ISSUED PURSUANT TO THE TRAVEL EXPENSE ACT OF 1949, AUTHORIZED WITHIN CERTAIN LIMITATIONS COMPUTATION OF MILEAGE ON A ROUND-TRIP BASIS FOR THE DISTANCE FROM HOME TO CARRIER TERMINAL FOR TRAVEL TO THE TERMINAL INCIDENT TO FURTHER OFFICIAL TRAVEL AND THAT SECTION 2 (M) OF THE 1954 ACT WAS INTENDED TO ALLOW MILITARY MEMBERS THE SAME TRAVELING EXPENSES PROVIDED FOR CIVILIAN EMPLOYEES.

IN HIS LETTER THE ASSISTANT SECRETARY STATES THAT THE REGULATIONS OF THE SERVICES COVERING REIMBURSEMENT GENERALLY UNDER SECTION 2 (M) OF THE 1954 ACT OF EXPENSES OF TRAVEL INCIDENT TO THE PERFORMANCE OF TRAVEL AWAY FROM THE POST OF DUTY, HAVE NOT BEEN CONSIDERED AS SUBJECT TO THE SEVEN CENTS PER MILE LIMITATION CONTAINED IN SECTION 303 (A) OF THE CAREER COMPENSATION ACT. HE REQUESTS THAT WE RECONSIDER THE DECISION OF AUGUST 26, 1959, TO THE EXTENT THAT IT IS TO BE REGARDED AS HOLDING THAT COMMUTATION UNDER SECTION 2 (M) OF EXPENSES OF TRAVEL FROM HOME OR DUTY STATION TO CARRIER TERMINAL ON A ROUND-TRIP MILEAGE BASIS IS SUBJECT TO THE SEVEN CENTS PER MILE LIMITATION CONTAINED IN SECTION 303 (A) OF THE CAREER COMPENSATION ACT.

SECTION 303 (A) OF THE CAREER COMPENSATION ACT AND SECTION 2 (M) OF THE 1954 ACT RELATE TO THE EXPENSES OF TRAVEL IN DIFFERENT AREAS. IF A MEMBER IS IN A "TRAVEL STATUS," THAT IS, PERFORMING ORDERED TRAVEL AWAY FROM HIS PERMANENT DUTY STATION (INTERSTATION TRAVEL) HIS RIGHTS TO TRAVEL AND TRANSPORTATION ALLOWANCES ARE GOVERNED BY SECTION 303 (A). IF THE MOVEMENT IS NECESSARY IN CONDUCTING OFFICIAL BUSINESS WITHIN THE LIMITS OF HIS DUTY STATION (INTRASTATION TRAVEL), HIS RIGHT TO SUCH ALLOWANCES IS GOVERNED BY SECTION 2 (M), 40 U.S.C. 491 (M), 35 COMP. GEN. 677. TRAVEL PERFORMED TO A CARRIER TERMINAL INCIDENT TO THE PERFORMANCE OF TRAVEL AWAY FROM A PERMANENT DUTY STATION IS NOT TRAVEL FOR THE PURPOSE OF CONDUCTING OFFICIAL BUSINESS WITHIN THE LIMITS OF THE DUTY STATION WITHIN THE PURVIEW OF SECTION 2 (M), BUT IS AN INTEGRAL PART OF THE INTERSTATION JOURNEY; AND, THE EXPENSES OF SUCH TRAVEL BY PUBLIC CARRIERS TO AND FROM CARRIER TERMINALS LONG HAVE BEEN REGARDED AS REIMBURSABLE UNDER PROVISIONS APPLICABLE TO INTERSTATION TRAVEL. THEREFORE, WHILE CONCLUDING ON THE BASIS OF THE CONGRESSIONAL INTENT REFLECTED BY SECTION 2 (M), THAT SUCH EXPENSES COULD BE COMMUTED ON A ROUND-TRIP MILEAGE BASIS, WE HELD THAT SUCH COMMUTATION WAS SUBJECT TO THE MAXIMUM RATE PER MILE LIMITATION IMPOSED BY SECTION 303 (A). THE PHRASING OF THE QUESTION, WHICH WAS THE SUBJECT OF THE DECISION OF AUGUST 26, 1959, INDICATED THAT THIS ALSO WAS THE ADMINISTRATIVE VIEW.

IN THE LETTER OF OCTOBER 22, 1959, THE ASSISTANT SECRETARY OF THE NAVY POINTS OUT THAT THE CONSIDERATIONS WHICH ENTER INTO DETERMINING THE MILEAGE RATE UNDER THE PROVISIONS OF SECTION 303 (A) ARE DIFFERENT FROM THE CONSIDERATIONS WHICH ENTER INTO THE FIXING OF A MILEAGE RATE UNDER SECTION 2 (M) AND THAT SECTION 2 (M) IMPOSES NO MAXIMUM LIMITATION ON THE RATE WHICH MAY BE FIXED UNDER ITS PROVISIONS. HE STATES FURTHER THAT THE SECTION 303 (A) MILEAGE ALLOWANCE RELATES TO THE AVERAGE COST OF FIRST- CLASS COMMERCIAL TRANSPORTATION FOR TRAVEL OVER OFFICIALLY DETERMINED DISTANCES AND INDICATES THAT THE MILEAGE RATE FOR SECTION 2 (M) PURPOSES IS FIXED ON THE BASIS OF JUSTIFIABLE COSTS. IN THIS CONNECTION, HE DIRECTS ATTENTION TO THE FACT THAT THE CURRENT SECTION 2 (M) MILEAGE RATE IS IN EXCESS OF THE MAXIMUM RATE OF SEVEN CENTS PER MILE PRESCRIBED BY SECTION 303 (A).

WE HAVE NOT QUESTIONED THE AUTHORITY OF THE SERVICES CONCERNED TO FIX THE MILEAGE RATE PAYABLE FOR SECTION 2 (M) TRAVEL IN SUCH AMOUNT AS MAY BE JUSTIFIABLE IN THE LIGHT OF THE INTERESTS OF THE GOVERNMENT AND THE MEMBER, AND THE DECISION OF AUGUST 26, 1959, 39 COMP. GEN. 131, IS NOT TO BE REGARDED AS QUESTIONING SUCH AUTHORITY.

AS POINTED OUT ABOVE, HOWEVER, INTRASTATION TRAVEL WITHIN THE CONTEMPLATION OF SECTION 2 (M) IS NOT HERE INVOLVED. WHAT IS INVOLVED IS A ONE-WAY TRIP BY A MEMBER FOR THE PURPOSE OF COMMENCING OR TERMINATING TRAVEL AWAY FROM HIS DUTY STATION, THE EXPENSES OF SUCH ONE WAY TRIP BEING REIMBURSABLE UNDER THE PROVISIONS OF SECTION 303 (A). THE DECISION OF AUGUST 26, 1959--- IN SUBSTANCE THAT THE CONGRESSIONAL PURPOSE REFLECTED BY THE ENACTMENT OF SECTION 2 (M) FURNISHED SOME BASIS FOR CONCLUDING THAT THE SERVICES, ACTING UNDER AUTHORITY OF SECTION 303 (A), COULD PROVIDE WITHIN CERTAIN LIMITATIONS FOR COMMUTATION OF THE ONE-WAY TRIP EXPENSES ON A ROUND-TRIP MILEAGE BASIS- - WAS NOT INTENDED TO INDICATE THAT WE VIEWED THE ONE-WAY TRIP AS INTRASTATION TRAVEL FOR PURPOSES OF SECTION 2 (M).

SINCE THE REIMBURSEMENT AUTHORITY IN THESE CASES IS DERIVED FROM THE CAREER COMPENSATION ACT PROVISIONS, WE FIND NO SOUND BASIS FOR CONCLUDING THAT COMMUTATION OF THE ONE-WAY TRIP EXPENSES ON A MILEAGE BASIS IS NOT SUBJECT TO THE SEVEN CENTS PER MILE MAXIMUM FIXED BY SECTION 303 (A) OF THAT ACT. ACCORDINGLY, WE MUST ADHERE TO THE CONCLUSION REACHED IN THE DECISION OF AUGUST 26, 1959.

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