B-156548, JUL. 9, 1965, 45 COMP. GEN. 30

B-156548, JUL. 9, 1965, 45 COMP. GEN. 30

TRAVEL EXPENSES - MILITARY PERSONNEL - LOCAL TRAVEL - TEMPORARY DUTY STATION TRAVEL TO PROVIDE THE SAME ENTITLEMENTS FOR LOCAL TRANSPORTATION COSTS TO MEMBERS OF THE UNIFORMED SERVICES AS ARE AUTHORIZED FOR CIVILIAN EMPLOYEES BY THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, MEMBERS AT A TEMPORARY DUTY STATION FOR TRAVEL BETWEEN PLACE OF LODGING AND PLACE OF BUSINESS MAY BE REIMBURSED THE COST OF BUS OR STREETCAR FARE, TAXICAB FARE WHEN AUTHORIZED OR APPROVED AS ADVANTAGEOUS TO THE GOVERNMENT, MILEAGE AT THE RATE OF $0.10 A MILE FOR THE USE OF A PRIVATELY OWNED AUTOMOBILE, AND THE EXPENSE OF TRAVEL TO THE NEAREST AVAILABLE EATING PLACE, CONSIDERED NECESSARY TRANSPORTATION NOT INCIDENTAL TO SUBSISTENCE AND, ACCORDINGLY, THE JOINT TRAVEL REGULATIONS MAY BE AMENDED TO PROVIDE THE SAME REIMBURSEMENT RIGHTS AS AUTHORIZED BY PARAGRAPH 3.1C OF THE CIVILIAN REGULATIONS (EXPENSE OF DAILY TRAVEL TO PROCURE MEALS), 3.1D (BUS OR STREETCAR TRAVEL), 3.4A (TAXICABS), AND 3.5B (MILEAGE), HOWEVER, 37 U.S.C. 404 GOVERNS WITHIN AND WITHOUT STATION TRAVEL FOR THE ENTIRE TRIP.

TO THE SECRETARY OF THE AIR FORCE, JULY 9, 1965:

FURTHER REFERENCE IS MADE TO A LETTER DATED APRIL 7, 1965, FROM THE ASSISTANT SECRETARY OF THE AIR FORCE REQUESTING A DECISION WHETHER THE JOINT TRAVEL REGULATIONS MAY BE AMENDED TO PROVIDE FOR MEMBERS OF THE UNIFORMED SERVICES THE SAME ENTITLEMENTS AS ARE PROVIDED FOR CIVILIAN EMPLOYEES BY THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS FOR LOCAL TRANSPORTATION COSTS AT PERMANENT AND TEMPORARY DUTY STATIONS. THE REQUEST WAS ASSIGNED CONTROL NO. 65-14 BY THE PER DIEM TRAVEL AND TRANSPORTATION ALLOWANCE COMMITTEE.

THE ASSISTANT SECRETARY REFERS PARTICULARLY TO PARAGRAPH 3.1D OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS WHICH PROVIDES THAT TRANSPORTATION BY BUS OR STREETCAR BETWEEN PLACES OF BUSINESS AT OFFICIAL STATION OR TEMPORARY DUTY STATION, AND BETWEEN PLACE OF LODGING AND PLACE OF BUSINESS AT A TEMPORARY STATION WILL BE ALLOWED AS A TRANSPORTATION EXPENSE AND, ALSO, TO THAT PART OF SECTION 3.4A WHICH PROVIDES THAT WHILE AN EMPLOYEE IS ON OFFICIAL BUSINESS OUTSIDE HIS DESIGNATED PLACE OF DUTY, THE USE OF TAXICABS BETWEEN PLACE OF LODGING AND PLACE OF BUSINESS, OR BETWEEN PLACES OF BUSINESS MAY BE ALLOWED IF AUTHORIZED OR APPROVED AS ADVANTAGEOUS TO THE GOVERNMENT..

THE ASSISTANT SECRETARY STATES THAT PARAGRAPH M4500 AND M4501 OF THE JOINT TRAVEL REGULATIONS EXPRESSLY AUTHORIZE THE USE OF BUS, STREETCAR, AND TAXICAB IN CONDUCTING OFFICIAL BUSINESS AT PERMANENT AND TEMPORARY DUTY STATIONS AND, THEREFORE, THE PROVISIONS OF SECTIONS 3.1D AND 3.4A OF THE CIVILIAN REGULATIONS HAVE A PARALLEL IN THE REGULATIONS OF THE UNIFORMED SERVICES INSOFAR AS THE USE OF SUCH MEANS OF TRANSPORTATION BETWEEN PLACES OF BUSINESS IS CONCERNED. HE FURTHER STATES THAT THE JOINT TRAVEL REGULATIONS CONTAIN NO PROVISION FOR REIMBURSEMENT OF THE COST OF USING COMMON CARRIER, TAXICAB, OR SPECIAL CONVEYANCE BETWEEN PLACE OF LODGING AND PLACE OF BUSINESS AT EITHER THE PERMANENT OR TEMPORARY DUTY STATION. THEREFORE, THE UNIFORMED SERVICES HAVE URGED THAT THE JOINT TRAVEL REGULATIONS BE AMENDED TO PROVIDE ADDITIONAL ENTITLEMENTS AS FOLLOWS:

1. REIMBURSEMENT FOR THE COST OF TRANSPORTATION BY BUS OR STREETCAR BETWEEN PLACE OF LODGING AND PLACE OF BUSINESS AT A TEMPORARY DUTY STATION.

2. REIMBURSEMENT FOR THE COST OF TAXICAB FARE BETWEEN PLACE OF LODGING AND PLACE OF BUSINESS AT A TEMPORARY DUTY STATION WHEN AUTHORIZED OR APPROVED AS ADVANTAGEOUS TO THE GOVERNMENT.

3. REIMBURSEMENT AT A RATE OF $0.10 A MILE FOR USE OF A PRIVATELY OWNED CONVEYANCE BETWEEN PLACE OF LODGING AND PLACE OF BUSINESS AT A TEMPORARY DUTY STATION.

THE ASSISTANT SECRETARY REFERS ALSO TO SECTION 3.1C OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS WHICH PROVIDES THAT WHERE THE NATURE AND LOCATION OF THE WORK AT A TEMPORARY DUTY STATION ARE SUCH THAT SUITABLE MEALS CANNOT BE PROCURED THERE, THE EXPENSE OF DAILY TRAVEL REQUIRED TO PROCURE MEALS AT THE NEAREST AVAILABLE PLACE WILL BE CONSIDERED NECESSARY TRANSPORTATION NOT INCIDENTAL TO SUBSISTENCE. ACCORDINGLY, HE FURTHER ASKS WHETHER THE JOINT TRAVEL REGULATIONS MAY BE AMENDED TO REIMBURSE THE MEMBER FOR BUS, STREETCAR, TAXICAB, OR FOR THE USE OF A PRIVATELY OWNED CONVEYANCE AT A FIXED RATE PER MILE BASIS FOR TRAVEL BETWEEN THE PLACE WHERE DUTY IS BEING PERFORMED TO THE NEAREST PLACE WHERE MEALS ARE AVAILABLE UNDER THE CIRCUMSTANCES SPECIFIED IN THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS FOR CIVILIAN EMPLOYEES.

SECTION 404 OF TITLE 37, U.S.C. PROVIDES THAT UNDER REGULATIONS PRESCRIBED BY THE SECRETARIES CONCERNED, A MEMBER OF A UNIFORMED SERVICE IS ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES FOR TRAVEL PERFORMED UNDER COMPETENT ORDERS WHEN AWAY FROM HIS DESIGNATED POST OF DUTY. PARAGRAPH M3050-1 OF THE JOINT TRAVEL REGULATIONS, PROMULGATED PURSUANT TO THAT AUTHORITY, PROVIDES THAT MEMBERS ARE ENTITLED TO TRAVEL AND TRANSPORTATION ALLOWANCES ONLY WHILE ACTUALLY IN A TRAVEL STATUS, AND THAT MEMBERS SHALL BE DEEMED TO BE IN A TRAVEL STATUS WHILE PERFORMING TRAVEL AWAY FROM THEIR PERMANENT DUTY STATION, UPON PUBLIC BUSINESS, PURSUANT TO COMPETENT ORDERS, INCLUDING PERIODS OF NECESSARY TEMPORARY OR TEMPORARY ADDITIONAL DUTY. PARAGRAPH M4401 OF THE JOINT TRAVEL REGULATIONS PROVIDES FOR REIMBURSEMENT FOR TAXICAB, BUS, STREETCAR, SUBWAY OR OTHER PUBLIC CARRIER FARES BETWEEN (1) PLACES OF ABODE, LODGING, OR PLACE OF DUTY AT THE PERMANENT OR TEMPORARY DUTY STATIONS AND TERMINALS OF THE MODE OF TRANSPORTATION USED; (2) BETWEEN CARRIER TERMINALS WHEN NECESSITATED BY A CHANGE IN THE MODE OF TRANSPORTATION, AND (3) FROM CARRIER TERMINALS TO LODGING AND RETURN WHEN REQUIRED BY TRANSPORTATION DELAYS. THIS, HOWEVER, RELATES TO THE NORMAL TRAVEL UPON ARRIVAL AT OR DEPARTURE FROM A STATION. 40 COMP. GEN. 7; 42 ID. 544 AND 612. SECTION 408 OF TITLE 37, U.S.C. PROVIDES ADDITIONAL AUTHORITY FOR TRAVEL AS FOLLOWS:

A MEMBER OF A UNIFORMED SERVICE MAY BE DIRECTED, BY REGULATIONS OF THE HEAD OF THE DEPARTMENT OR AGENCY IN WHICH HE IS SERVING, TO PROCURE TRANSPORTATION NECESSARY FOR CONDUCTING OFFICIAL BUSINESS OF THE UNITED STATES WITHIN THE LIMITS OF HIS STATION. EXPENSES SO INCURRED BY THE MEMBER FOR TRAIN, BUS, STREETCAR, TAXICAB, FERRY, BRIDGE, AND SIMILAR FARES AND TOLLS, OR FOR THE USE OF PRIVATELY-OWNED VEHICLES AT A FIXED RATE A MILE, SHALL BE DEFRAYED BY THE DEPARTMENT OR AGENCY UNDER WHICH HE IS SERVING, OR THE MEMBER IS ENTITLED TO BE REIMBURSED FOR THE EXPENSE.

THE PROVISIONS OF 37 U.S.C. 408 ORIGINALLY WERE ENACTED AS SECTION 2 (M) OF THE ACT OF SEPTEMBER 1, 1954, 68 STAT. 1129. IN 39 COMP. GEN. 814 WE REFERRED TO S.REPT. NO. 1941, ON H.R. 8753, 83D CONG., 2D SESS. (WHICH BECAME THE ACT OF SEPTEMBER 1, 1954), IN WHICH ON PAGE 8, THE SENATE COMMITTEE ON GOVERNMENT OPERATIONS, REFERRING TO SECTION 2 (M), STATED THAT "IT IS THE PURPOSE OF THIS SUBSECTION TO ALLOW PAYMENT TO MEMBERS OF THE UNIFORMED SERVICES FOR THOSE TRAVELING EXPENSES ON THE SAME BASIS AS PERMITTED FOR CIVILIAN GOVERNMENT EMPLOYEES.' THE PROVISIONS OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS REFERRED TO ABOVE ARE BASED ON SECTION 4 OF THE TRAVEL EXPENSE ACT OF 1949, 5 U.S.C. 837.

WHILE SECTION 411 OF TITLE 37, U.S.C. DOES NOT REQUIRE UNIFORM REGULATIONS UNDER SECTION 408, REGULATIONS FOR THE IMPLEMENTATION OF THAT SECTION APPEAR IN CHAPTER 4, PART K OF VOLUME 1 OF THE JOINT TRAVEL REGULATIONS WHICH PART INCLUDES PARAGRAPHS M4500 AND M4501 MENTIONED BY THE ASSISTANT SECRETARY. AS INDICATED BY THE ASSISTANT SECRETARY, THE REGULATIONS UNDER THAT PART DO NOT CONTAIN A PROVISION FOR REIMBURSEMENT OF THE COST OF USING COMMON CARRIER, TAXICAB, OR SPECIAL CONVEYANCE BETWEEN PLACE OF LODGING AND PLACE OF BUSINESS AT EITHER THE PERMANENT OR TEMPORARY STATION. ON THE CONTRARY, UNTIL 2 YEARS AGO PARAGRAPH M6450 OF THE JOINT TRAVEL REGULATIONS PROHIBITED REIMBURSEMENT FOR EXPENSES INCURRED AT DUTY STATIONS INCIDENT TO TRAVEL TO AND FROM HOME AND PLACE OF BUSINESS OR FOR SHORT TRIPS WITHIN THE IMMEDIATE VICINITY OF THE DUTY STATIONS, OTHER THAN THAT WHICH IS AUTHORIZED UNDER THE ACT OF SEPTEMBER 1, 1954, CITED ABOVE. AND, IT HAS BEEN OUR VIEW THAT GENERALLY TRAVEL FROM LODGING TO PLACE OF BUSINESS (EXCEPT AS PROVIDED IN PARAGRAPH M4401 OF THE JOINT TRAVEL REGULATIONS) IS A RESPONSIBILITY OF THE TRAVELER WHETHER AT A PERMANENT OR TEMPORARY STATION. SEE 42 COMP. GEN. 612. THIS WAS TRUE ALSO WITH RESPECT TO TRAVEL FROM PLACE OF BUSINESS TO THE PLACE WHERE MEALS ARE AVAILABLE.

HOWEVER, THE PROVISIONS OF LAW GOVERNING CIVILIAN AND MILITARY TRAVEL AS THEY RELATE TO THE SITUATIONS HERE INVOLVED ARE QUITE SIMILAR AND THE PROPRIETY OF THE REGULATIONS ISSUED BY THE DIRECTOR OF THE BUREAU OF THE BUDGET, PROVIDING WITHIN CERTAIN LIMITS, FOR REIMBURSEMENT OF THE COST OF SUCH TRAVEL BY CIVILIAN GOVERNMENT EMPLOYEES, HAS NOT BEEN QUESTIONED. SUCH CIRCUMSTANCES WE BELIEVE A CHANGE IN OUR PRIOR VIEWS IS JUSTIFIED. ACCORDINGLY, WE WOULD NOT OBJECT TO AMENDING THE JOINT TRAVEL REGULATIONS TO PROVIDE FOR MILITARY TRAVELERS THE SAME TRAVEL REIMBURSEMENT RIGHTS AS ARE PROVIDED IN PARAGRAPHS 3.1C AND 3.1D OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS, INCLUDING PARAGRAPH 3.4A WHEN APPLICABLE, FOR CIVILIAN TRAVELERS. ALSO, THE REGULATIONS MAY PROVIDE FOR PAYMENT OF MILEAGE IN THESE CIRCUMSTANCES TO THE SAME EXTENT AUTHORIZED BY PARAGRAPH 3.5B OF THE CIVILIAN REGULATIONS. IN THIS CONNECTION IT SHOULD BE NOTED THAT WHILE MILEAGE FOR TRAVEL WITHIN OR OUTSIDE THE PORT OF DUTY OR PLACE OF SERVICE MAY BE THE SAME FOR CIVILIAN TRAVELERS (5 U.S.C. 837), MILEAGE FOR TRAVEL PERFORMED BY MILITARY TRAVELERS WITHIN THE STATION IS GOVERNED BY 37 U.S.C. 408 AND OUTSIDE THE STATION BY 37 U.S.C. 404. HENCE, WHERE THE TRIP OF A MILITARY TRAVELER REQUIRES TRAVEL OUTSIDE THE DUTY STATION (CF. 41 COMP. GEN. 588) IT IS OUR VIEW THAT THE PAYMENT OF MILEAGE FOR THE ENTIRE TRIP WOULD BE GOVERNED BY THE LATTER SECTION.