A-30415, MARCH 4, 1930, 9 COMP. GEN. 381

A-30415: Mar 4, 1930

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HAS REQUESTED REVIEW OF SETTLEMENT NO. 186676 (CLAIM 028924) WHEREBY WAS ALLOWED $4.68 ON HIS CLAIM FOR $10.90. $6.22 BEING DISALLOWED FOR THE REASON THAT TRAVEL WAS BY AUTOMOBILE AND CLAIMANT WAS ACCOMPANIED BY OTHER PERSONS. RANDALL WAS DIRECTED TO VISIT. THAT THE FIELD ASSISTANT DID NOT OPERATE A CAR AND THE AUTOMOBILE USED ON THE THREE TRIPS WAS OWNED AND OPERATED BY MR. THAT ON THE TRIP FROM ATLANTIC CITY TO BAYHEAD THERE WAS IN ADDITION TO THE CLAIMANT AND THE DRIVER AN ENLISTED MAN AS A PASSENGER. WERE USED ON THE TRIP TO AND FROM THE SHIP BOTTOM STATION FOR WHICH THERE WAS ALLOWED ONE- HALF THE COST. WERE USED ON THE TRIP TO AND FROM THE TOMS RIVER STATION. FOR WHICH CLAIMANT WAS ALLOWED ONE-HALF.

A-30415, MARCH 4, 1930, 9 COMP. GEN. 381

TRAVELING EXPENSES, DIVISION OF - GASOLINE AND OIL AT EMPLOYEE OF THE GOVERNMENT, WHILE TRAVELING IN AN AUTOMOBILE ON OFFICIAL BUSINESS, ACCOMPANIED BY OTHER EMPLOYEES NOT IN A DUTY STATUS MAY BE REIMBURSED ONLY HIS PRO RATA SHARE OF THE COST OF GASOLINE AND OIL CONSUMED.

DECISION BY ACTING COMPTROLLER GENERAL GINN, MARCH 4, 1930:

JOHN S. RANDALL, FIELD ASSISTANT, C. AND R. COAST GUARD, HAS REQUESTED REVIEW OF SETTLEMENT NO. 186676 (CLAIM 028924) WHEREBY WAS ALLOWED $4.68 ON HIS CLAIM FOR $10.90, COVERING REIMBURSEMENT OF TRAVEL EXPENSES FROM MARCH 1, TO MAY 31, 1928, $6.22 BEING DISALLOWED FOR THE REASON THAT TRAVEL WAS BY AUTOMOBILE AND CLAIMANT WAS ACCOMPANIED BY OTHER PERSONS.

IT APPEARS THAT BY TRAVEL ORDERS DATED MARCH 14, APRIL 17, AND APRIL 24, 1928, MR. RANDALL WAS DIRECTED TO VISIT, FOR THE PURPOSE OF MAKING CERTAIN INSPECTIONS, COAST GUARD STATIONS LOCATED AT SHIP BOTTOM, TOMS RIVER, AND BAYHEAD; THAT THE FIELD ASSISTANT DID NOT OPERATE A CAR AND THE AUTOMOBILE USED ON THE THREE TRIPS WAS OWNED AND OPERATED BY MR. BENTHAM, AN OFFICER IN CHARGE OF ATLANTIC CITY COAST GUARD STATION; THAT ON THE TRIP FROM ATLANTIC CITY TO BAYHEAD THERE WAS IN ADDITION TO THE CLAIMANT AND THE DRIVER AN ENLISTED MAN AS A PASSENGER; THAT 8 1/2 GALLONS OF GASOLINE AND 1 QUART OF OIL COSTING $1.70 AND 30 CENTS, RESPECTIVELY, WERE USED ON THE TRIP TO AND FROM THE SHIP BOTTOM STATION FOR WHICH THERE WAS ALLOWED ONE- HALF THE COST, OR $1; THAT 18 1/2 GALLONS OF GASOLINE AND 2 QUARTS OF OIL, COSTING $3.70 AND 60 CENTS, RESPECTIVELY, WERE USED ON THE TRIP TO AND FROM THE TOMS RIVER STATION, FOR WHICH CLAIMANT WAS ALLOWED ONE-HALF, OR $2.15; THAT 20 GALLONS OF GASOLINE AND 2 QUARTS OF OIL COSTING $4 AND 60 CENTS, RESPECTIVELY, USED ON THE TRIP TO AND FROM THE BAYHEAD STATION, FOR WHICH CLAIMANT WAS ALLOWED ONE-THIRD, OR $1.53, THERE BEING AN ENLISTED MAN ON THIS TRIP IN ADDITION TO THE CLAIMANT AND THE OFFICER; AND THAT ALL EXPENSES, $10.90, WERE PAID BY THE CLAIMANT AND HE HAS NOT RECEIVED ANY REIMBURSEMENT THEREFOR FROM THE OFFICER OR THE ENLISTED MAN.

PARAGRAPH 12 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS ENTITLED "USE OF OWN CONVEYANCE OR THAT OF FAMILY, OR HIMSELF OR OF ANOTHER EMPLOYEE" SPECIFICALLY PROHIBITS THE PAYMENT OF A COMMUTED EXPENSE RATE, OR REIMBURSEMENT OF HIRE OF CONVEYANCE OF ANOTHER EMPLOYEE. SEE 4 COMP. GEN. 116, 271, 370; A-21843, MARCH 8 AND APRIL 7, 1928.

SECTION 11 (B) OF THE STANDARDIZED TRAVEL REGULATIONS WHICH PROVIDES THAT WHERE ONE OF THE SEVERAL EMPLOYEES TRAVELING TOGETHER BY AUTOMOBILE PAYS THE WHOLE CHARGE AND HAS THE SUBVOUCHERS MADE OUT TO HIM, THAT EMPLOYEE IS ENTITLED TO REIMBURSEMENT THEREFOR. HOWEVER, THESE PROVISIONS OBTAIN ONLY WHEN THE EMPLOYEES THUS REFERRED TO ARE TRAVELING ON OFFICIAL BUSINESS. WHERE SEVERAL EMPLOYEES ARE TRAVELING TOGETHER REIMBURSEMENT IS AUTHORIZED AS PROVIDED BY THE SECTION, SUPRA, ON THE THEORY THAT IT IS IMMATERIAL WHETHER THE EXPENSES ARE PAID BY ONE OR MORE. WHERE ONE OF SEVERAL EMPLOYEES TRAVELING TOGETHER UNDER SUCH CIRCUMSTANCES PAYS THE WHOLE CHARGE FOR GASOLINE AND OIL AND HAS THE SUBVOUCHER MADE OUT TO HIM, HE IS ENTITLED TO REIMBURSEMENT THEREFOR.

THERE HAS BEEN NO SHOWING, EITHER FROM THE TRAVEL ORDERS OR THE EVIDENCE SUBMITTED IN SUPPORT OF THE CLAIM, THAT THE OFFICER OR THE ENLISTED MAN HAD ANY OFFICIAL CAPACITY WITH REFERENCE TO THE TRAVEL PERFORMED. THIS FACT, HOWEVER, RENDERS THEM NONE THE LESS EMPLOYEES OF THE GOVERNMENT.

THE COPIES OF THE TRAVEL ORDERS SUBMITTED DO NOT INDICATE THAT THE USE OF AN AUTOMOBILE WAS AUTHORIZED. HOWEVER, IN VIEW OF THE FACT THE CLAIM HAS RECEIVED ADMINISTRATIVE APPROVAL, NO QUESTION WILL NOW BE RAISED AS TO LACK OF AUTHORIZATION.

THE APPROPRIATION "MILEAGE, ETC., COAST GUARD, 1928" BEING PROPERLY CHARGEABLE WITH MR. RANDALL'S PRO RATA SHARE, ONLY, OF THE AMOUNT NECESSARILY EXPENDED FOR THE GASOLINE AND OIL CONSUMED, THE SETTLEMENT DISALLOWING $6.22 OF THE TOTAL AMOUNT CLAIMED AS REIMBURSEMENT WAS CORRECT AND IS SUSTAINED UPON REVIEW. SEE PARAGRAPH 12, STANDARDIZED GOVERNMENT TRAVEL REGULATIONS; 5 COMP. GEN. 110, 578; 6 ID. 259; 7 ID. 220.