A-12825, FEBRUARY 2, 1926, 5 COMP. GEN. 578

A-12825: Feb 2, 1926

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USE OF OWN WHERE AN ENLISTED MAN OF THE ARMY USED HIS OWN AUTOMOBILE ON AUTHORIZED TRAVEL AND WAS ACCOMPANIED BY ANOTHER ENLISTED MAN ALSO ENTITLED TO TRANSPORTATION AT GOVERNMENT EXPENSE. REIMBURSEMENT OF THE ENTIRE NECESSARY COST OF GASOLINE AND OIL CONSUMED ON THE JOURNEY MAY BE MADE TO THE OWNER OF THE AUTOMOBILE IF NOT IN EXCESS OF WHAT IT WOULD HAVE COST THE GOVERNMENT TO HAVE FURNISHED TRANSPORTATION FOR BOTH MEN BY A COMMON CARRIER OVER THE SHORTEST USUALLY TRAVELED ROUTE. 5 COMP. IT WAS HELD THAT AN EMPLOYEE OF THE GOVERNMENT. IS FOR APPLICATION ONLY WHEN LESS THAN THE TOTAL NUMBER OF PERSONS SO TRANSPORTED ARE ENTITLED TO TRAVEL AT GOVERNMENT EXPENSE. NO TRAVEL ORDERS WERE SUBMITTED WITH YOUR REQUEST FOR DECISION NOR WAS THE VOUCHER FOR THE REIMBURSEMENT IN THIS CASE SUBMITTED.

A-12825, FEBRUARY 2, 1926, 5 COMP. GEN. 578

TRAVELING EXPENSES - AUTOMOBILE, USE OF OWN WHERE AN ENLISTED MAN OF THE ARMY USED HIS OWN AUTOMOBILE ON AUTHORIZED TRAVEL AND WAS ACCOMPANIED BY ANOTHER ENLISTED MAN ALSO ENTITLED TO TRANSPORTATION AT GOVERNMENT EXPENSE, REIMBURSEMENT OF THE ENTIRE NECESSARY COST OF GASOLINE AND OIL CONSUMED ON THE JOURNEY MAY BE MADE TO THE OWNER OF THE AUTOMOBILE IF NOT IN EXCESS OF WHAT IT WOULD HAVE COST THE GOVERNMENT TO HAVE FURNISHED TRANSPORTATION FOR BOTH MEN BY A COMMON CARRIER OVER THE SHORTEST USUALLY TRAVELED ROUTE. 5 COMP. GEN. 110, DISTINGUISHED.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF WAR, FEBRUARY 2, 1926:

THERE HAS BEEN RECEIVED YOUR LETTER OF JANUARY 23, 1926 (AG 201 MILLER, MARTIN (10/21/25) ENL.), REQUESTING A DECISION UPON THE QUESTION WHETHER CORP. MARTIN MILLER WOULD BE ENTITLED TO REIMBURSEMENT FOR THE ENTIRE COST OF GASOLINE AND OIL USED BY HIM IN HIS PRIVATELY OWNED AUTOMOBILE IN TRAVELING UNDER ORDERS ON CHANGE OF STATION FROM CAMP SPARTA, WIS., TO FORT WAYNE, MICH., WHEN ACCOMPANIED BY PRIVATE JOHN M. PHILLEO, BOTH OF THE QUARTERMASTER CORPS AND BOTH ENTITLED TO TRANSPORTATION AT PUBLIC EXPENSE.

WAR DEPARTMENT CIRCULAR NO. 9, PART 1, FEBRUARY 25, 1925, AUTHORIZES REIMBURSEMENT OF AMOUNTS NECESSARILY EXPENDED FOR GASOLINE AND OIL AND FOR GARAGE RENT FOR NIGHT STORAGE FOR PRIVATELY OWNED AUTOMOBILES WHEN USED ON AUTHORIZED TRAVEL BY PERSONNEL NOT ENTITLED TO MILEAGE OR TRAVEL PAY, SUBJECT TO CERTAIN LIMITATIONS THEREIN EXPRESSED. 4 COMP. GEN. 541.

IN A DECISION OF AUGUST 13, 1925, 5 COMP. GEN. 110, IT WAS HELD THAT AN EMPLOYEE OF THE GOVERNMENT, WHEN ACCOMPANIED BY HIS WIFE WHILE TRAVELING ON OFFICIAL BUSINESS, MAY BE REIMBURSED ONLY FOR ONE-HALF OF THE COST OF GASOLINE AND OIL CONSUMED IN HIS PRIVATELY OWNED AUTOMOBILE. THIS DECISION, HOWEVER, IS FOR APPLICATION ONLY WHEN LESS THAN THE TOTAL NUMBER OF PERSONS SO TRANSPORTED ARE ENTITLED TO TRAVEL AT GOVERNMENT EXPENSE, OR WHEN THE RESPECTIVE TRAVELERS EACH CLAIMS REIMBURSEMENT FOR THE EXPENSE OF TRANSPORTATION BY THE SAME AUTOMOBILE.

NO TRAVEL ORDERS WERE SUBMITTED WITH YOUR REQUEST FOR DECISION NOR WAS THE VOUCHER FOR THE REIMBURSEMENT IN THIS CASE SUBMITTED. ON THE ASSUMPTION, HOWEVER, THAT BOTH OF THE ENLISTED MEN WERE LAWFULLY ENTITLED TO TRANSPORTATION AT GOVERNMENT EXPENSE FOR THE JOURNEY TAKEN, AND THAT NO CLAIM FOR ANY PORTION OF THE EXPENSE OF USING THE AUTOMOBILE IN QUESTION HAS BEEN OR WILL BE SUBMITTED BY THE ENLISTED MAN WHO DID NOT OWN THE CAR, REIMBURSEMENT IS AUTHORIZED TO CORPORAL MILLER FOR THE ENTIRE COST OF THE GASOLINE AND OIL NECESSARILY CONSUMED ON THE JOURNEY, IF NOT IN EXCESS OF WHAT IT WOULD HAVE COST THE GOVERNMENT TO HAVE FURNISHED TRANSPORTATION FOR BOTH MEN BY A COMMON CARRIER OVER THE SHORTEST USUALLY TRAVELED ROUTE.

THIS DECISION IS RENDERED UPON THE GENERAL QUESTION SUBMITTED AND UPON THE FACTS AS STATED IN YOUR SUBMISSION, THE RIGHT BEING RESERVED TO REQUIRE EVIDENCE OF ACTUAL AND NECESSARY EXPENDITURE AND OF TRAVEL AUTHORITY WHEN THE VOUCHER IS REACHED FOR AUDIT AFTER PAYMENT IF SUCH EVIDENCE IS NOT ATTACHED THERETO.